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Contract 59681-PM1
PROJECT MANUAL FOR THE CONSTRUCTION OF Rivertree Academy IPRC Record No. IPRC23-0002 City Project No. 104681 FID No.30114-0200431-104681-EO7685 X File No. X-27678 Mattie Parker David Cooke Mayor City Manager Christopher P. Harder, P.E. Director, Water Department William M. Johnson Director, Transportation and Public Works Department Prepared for The City of Fort Worth March, 2023 mama 519 E. Border Street Arlington, TX 76010 www.mmatexas.com ataylor@mmatexas.com tbpe#f-2759 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 04 in s 05/22/2019 04 in 4 nno n�= Bidde :s Pf:eq, alifiecaiea's Prequalification Statement nn in 4 09/01/2015 0045 12 0045 13 Bidde . Pfegtta1 f;,,a4ien kWia 1i3n n210vsr9/2020 00 45 26 Contractor Compliance with Workers' Compensation Law r, Enterprise 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 RegoiuzxzJd Pffii 01/31/2012 00 62 14 Pay- efA Hord 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 r 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 012500 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 813129 01 3233 Pr-egeet Meet* — Preconstruction Video 07/0i/2 z 08/30/2013 01 33 00 Submittals 08/30/2013 01 35 13 Special Project Procedures 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 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 Mobilization and Remobilization 04/07/2014 01 71 23 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 01 77 19 Closeout Requirements 04/07/2014 01 78 23 Operation and Maintenance Data 04/07/2014 01 78 39 Project Record Documents 04/07/2014 CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 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: httn:Hfortworthtexas.2ov/tnw/contractors/ or htti)s:Hapus.fortworthtexas.sov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition 12/20/2012 0241 14 Utility Removal/Abandonment 12/20/2012 0241 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 12/20/2012 03 34 13 Controlled Low Strength Material (CLSM) 12/20/2012 0334 16 Concrete Base Material for Trench Repair 12/20/2012 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 Division 26 - Electrical 2605 10 Demolition for Electrical Systems 12/20/2012 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011 Division 31- Earthwork 31 1000 Site Clearing 12/20/2012 3123 16 Unclassified Excavation 01/28/2013 31 2n 00 1 01 /0 4�14 �-rzTvv s. fir. �31i�S 31 25 00 Erosion and Sediment Control 12/20/2012 31 36 00 Gabiens 12 /�12 Division 32 - Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 12/20/2012 Tcrnpvrary'10 6t t P.r.� 32 01 29 Concrete Paving Repair 12/20/2012 32 1123 Flexible Base Courses Q/20aOil, 32 1129 Lime Treated Base Courses 12/20/2012 32 1133 Eametit Traated Brio r 12/�12 Z'� Liquid Tf ea4ed Sail FXat lli of 08/�5 CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 32 12 16 Asphalt Paving 12/20/2012 32 1273 Asphalt Paving Crack Sealants 12/20/2012 32 13 13 Concrete Paving 12/20/2012 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 32 1373 Concrete Paving Joint Sealants 12/20/2012 1�6 Rr4e 1 _kx1 t Bw ixg 12 /'fez 32 16 13 27� 32 5 27�3 Concrete Curb and Gutters and Valley Gutters Pa-ye„-,en4 Mar -kings Ct L. Address Paip ing >;areas 10/05/2016 11 /7 Tr QW3 1 1 /n� n�3 12/�12 Z7�o 3'�9 3232 13 Chain and Gates W .e >;enees and !`_etas Wood > enees a -a Gates Cust k- PVzwe-C-3w cio Ro taining Walls 12/�12 12/2042012 06/no c�II 3291 19 Topsoil Placement and Finishing of Parkways 12/20/2012 3292 13 Hydro -Mulching, Seeding, and Sodding 12/20/2012 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing t 12/20/2012 33 01 31 2 2� 33 04 33 04 33 04 11 Television (CCTV) laspeetio.-, Closed Ci-eu % Nwo Puwtri of E*isfiag Sewer- Systems TeipA Beading and Eleet,-;e.,l iseletie Cef fesio Geat,-el Test Stations AiT.,...-.es;,,m A,-.e.le C tl,ed a D,-eteetie., Syste,.,., 03/06 1 2 /7zzr20QO 12 12/20QO12 12/'f�zr20,L20 z 12/'f�zrzvriviz 33 04 30 33 04 33 04 50 3305 10 Tempef:a-y \IIT.,te,- Setw e Gleaning and A eeepta- ee Testing of Wme,- Mains Gleaning of S ewef Mains Utility Trench Excavation, Embedment, and Backfill 7il.,te,- 07/no 1Q0ii__ir 02/n�13 12/20QO14 12/12/2016 33 05 11 33 05 13 33 Line e Lower -in Frame, Cover and Grade Rings — Cast Iron F, 12l'f�zrsvriviz 01/22/2016 /o�6 05 13.10 7T�JTT. 1� 33 05 14 C�'+o,� an Grade Rings Chi elite 1'r'C�II�'k�CV4er Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 01 12/20/2012 110 Grade Ce,-.e,-ete 7z 7.,te,- Vaults renefete 12/20QO12 33 05 17 3 2�Aiiger-1 33-0521 33 05 11 Ce4af Turnil line Steel Gass g P:pe 12/20QO12 2 /zz�-20QO 12 12/�12 12/'fizrsvriviz 33 05 13 22� 22� i1�I.%.l1at1,.7a—ef CGv*Yor Pirw in Casing 3Y Tumml ,7../."rPla a >\lar-kefs/7 171 /7zz�-20QO12 06/19Q� 33 05 30 eemefs Ufilit-y Location of Existing Utilities !`_.,stets Q/ z 12/20/2012 �-� r-v� 33 1105 05 33 11 10 Belts, NWs era , , Ductile Iron Pipe 12/20,L 044 rz�-svrzvzz 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 ✓� 11 12 Polyvinyl C lefi e (PV-C> Ppo0Lur--P-Te 11 /1 8 1 1 �3 enef:3tePr-es.,, a Pipe Der 7,x7,-appe.l Steel Cylifi e,- Type 12/'frz�-avriviz 11 Bur- e.l Steel Pipe and kitting 12/'izz�-20QO12 33 1210 Water Services 1-inch to 2-inch 02/14/2017 CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 5 12 11 Large rge Water- Metef:s 12/�1-2 33 1220 Resilient Seated Grate Valve 12/20/2012 22� AWW k Pu b sor Fea4e Bu4te,-fly Valves 12/7zzr20QO12 33 1225 Connection to Existing Water Mains 02/06/2013 3�-12 30 EO i.-mda Air- Valve Assemblies for- Potable W.,to« System 12/'fez 33 1240 Fire Hydrants 01/03/2014 33 1250 � Wator,,Sam. Stations1 2 /rc 2000 12 3-3-4�-68 3331 2 cta-ad f Blow ffV lye .Soo ���r,� r,, i Place Pipe 06/19/2013 11 /�12 �., .". 1, e (CIPP4 F-i-k7g1acc P.ei 3" 1.,5 HighDensity Polyethylene (14DPE) Pipe a1.xtar' e`f � 12/'f�zrzvriviz �0 �r Polyvinyl Chloride (PVC) !`fa-y;tom, Ci�ro��,' Copp'or P'r~17c 06/iwr19QO13 33 3121 Uffen'1yf`f 12/20QO12 � Safiitmy Sewcv Eli~ grin ,� 3339 10 Cast -in -Place Concrete Manholes 12/20/2012 33 39 20 333930 Precast Concrete Manholes ti;b0,-gl ss Manholes 12/20/2012 12/7rc�-20QO12 33 39 40 33 39 60 11�0 Wastewater- n eeess Cha , of (W n r4 Epoxy Liners for Sanitary Sewer Structures Pipe/C lyet4s 12/20Qz 12/20/2012 'gin 1 11 Reinf -ee C nee-ete St,,..m Sewe,. HighDensity Polyethylo.�.rop(ii]7T17PE) Pipe F ,- St.»-.�. D -a+*f 0�nQ/,� 12/7 z 22� 32�8 Dein f ,-ee P„ 1�,otL.1o,�.0 F .1 B) Pire \ 1 1 /1 s 12/'izz�-20QO12 33 4601 33 4 6 02 49 10 tib ain e Slotted Storm D-,cc ns Tf:efi .l. D -aifi i Place .,.-..1 T,,netio Boxes 0�/non 0� /no..�. 1�1 12/2z 33 33 33 4920 22� Cast Manholes rrr��,,-b a-��,,�.�,,Tfop inlets Storm .J"c1 Rage Head -walls andT,x7;,,...w ally 12/�tz 07/nmr0142011 Division 34 - Transportation 3^�0 Tf ff e S;,.,, a ss 10/1 /1 5 3n nano_11 34 A�02 34 41 10.03 Attt'Ieimentt A ��Crrentfell2r Cabine 1 /1�i5 AttCaehmeat B GeatfolLZr Fffozifie Lien 02,L2012 n rrttt'kehm@fIt-C—S6rtwai cSpe-vpoeificuti6it 01,L2012 34�= ?/I i 1 13 ,v. Tope -af , T,-.,Ff;e Signals 1 1 /'i ce D o,,."...,ing Tra ffi . Signals 1 2 /zz�-20QO12 ?/I i i if Reet gulp Ili d Fk-\.AAirlg Beaeen 1111 /'gin 34 41 20 Roadway Illumination Assemblies 12/20/2012 3 4 nano 1 T 0 A�ar�l. J�1�3, .T 1ar�i.-�rr3s 611 5QO 1 5 34 4120.02 � Freeway LED P,,. d-w r �, 0/�ni �.�rnnr� 6/1 c ��c 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 34 nl 3n �v 11/12L201� �ilu2��'iCli� � g�S �� 3471 13 Traffic Control 11/22/2013 CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 104681 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 5 Appendix GC-4.02 Subsurface and Physical Conditions END OF SECTION CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised March 20, 2020 00 42 43 DAP - BIDPROPOSAL Page 1 of2 Rivertree Academy Bidlist Item, No. SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Description Project Item Information Bidder's Application Bidder's Proposal of Specification Section No. Unit Measure Bid Quantity Unit Price Bid Value UNIT I: WATER IMPROVEMENTS 1 0241.1000 Remove Conc Pvmt 02 41 15 SY 144.00 $32.00 $4,608.00 2 0241.1300 Remove Conc Curb&Gutter 0241 15 LF 139.00 $29.00 $4,031.00 0241.1513 Salvage 1 1/2" Water Meter 02 41 14 EA 11.00 $50.00 $550.00 4 3201.0201 Asphalt Pvmt Repair Beyond Defined Width, Residential 3201 17 SY 303.00 $82.75 $25,073.25 5 3305.0109 Trench Safety 33 05 10 LF 112.00 $1.80 $201.60 6i 3311.0001 Ductile Iron Water Fittings w/ Restraint 3311 11 TON 0.13 $58,650.00 $7,624.50 7 3_311.0161 6" Water Pipe 3311 12 LF 103.00 $88.20 $9,084.60 8 3312.0001 Fire Hydrant 33 12 40 EA 1.00 $5,200.00 $5,200.00 9 3312.2_10_31 1/2"_W_ater Service 33 12 10 EA 1.00 $47.00 $47.00 10 3312.2203 2" Water Service 33 12 10 EA 1.00 $52.00 $52.00 11 3312.3010 6" Gate Valve 33 12 20 EA 2.00 $2,780.00 $5,560.00 12 3201.0614 Conc Pvmt Repair, Residential 32 01 29 SY 47.00 $567.00 $26,649.00 TOTAL UNIT I: WATER IMPROVEMENTS $88,680.95 UNIT II: SANITARY SEWER IMPROVEMENTS 1 3301.0101 Manhole Vacuum Testing 3301 30 EA 1.00 $1,200.00 $1,200.00 2 3305.0109 Trench Safety 33 05 10 LF 4.00 $1.80 $7.20 3 3339.0001 Epoxy Manhole_ Liner 33 39 60 VF 5.05 $475.00 $2,398.75 4 3339.1001 4' Manhole 33 39 10, 33 39 20 EA 1.00 $5,260.00 $5,260.00 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $8,865.95 UNIT III: DRAINAGE IMPROVEMENTS 1 f 9999.0001 5' Flume Plate 1000000 EA 3.00 $450.00 $1,350.00 TOTAL UNIT III: DRAINAGE IMPROVEMENTS1 $1,350.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Fom Version May 22, 2019 Unit Pricing Proposal 00 42 43 DAP - BID PROPOSAL Page 2 of2 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Rivertree Academy Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. I Unit of Measure II I Bid Quantity Unit Price + Bid Value UNIT IV: PAVING IMPROVEMENTS 1 0241.1000 Remove Conc Pvmt 0241 13 SY 265.00 $32.00 $8,480.00 2 0241.1100 Remove Asphalt Pvmt 0241 15 SY 80.00 $30.00 $2,400.00 3 0241.1300 Remove Conc Curb &Gutter 02 41 15 _ LF 183.00 $29.00 4^ 3201.0151 Asphalt Pvmt Repair Beyond Defined Width, Residential 32 01 17 S_Y 21.00 $115.50 _$5,307.00 $2,425.50 5 _ 13213.0101 6" Conc Pvmt 32 13 13 _ SY 117.00 $215.06 $25,155.00 i 6 3213.0301 4" Conc Sidewalk 32 13 20 SF 7785.00 $6.55 $50,991.75 3213.0401 6" Concrete Driveway 32 13 20 SY _ 91.00 __$215.00 $19,565.00 8 j3213.0501 Barrier Free Ramp, Type R-1 32 13 20 EA 1.00 $5,225.00 _ �$5,225.00 9 3213.0506 Barrier Free Ramp, Type P-1 321326 EA 13.00 $2,875.00 $37,375.00 10 3216.0101 6" Conc Curb and Gutter 32 16 13 LF 282.00 _ $33.15 $9,348.30 11 3292.0400 Seeding, Hydromulch 32 92 13 SY 2145.00 $2.50 $5,362.50 TOTAL UNIT IV: PAVING IMPROVEMENTS $171,635.05 UNIT V: STREET LIGHTING IMPROVEMENTS 1 2605.3033 4" CONDT PVC SCH 80 (T) 26 05 33 LF 1220.00 $21.03 $25,656.60 2 3441.1502 Furnish/Install Ground Box Type B, w/Apron 3441 10 EA 5.00 $700.00 $3,500.00 3 3441.1771 Furnish/Install 120-240 Volt Single Phase Metered 34 41 20 Pedestal EA 1.00 _ $9,500.00 $9,500.00 4 3441.3002 Rdwy Illumination Assembly Ty 8, 11, D-25, and D-30 3441120 EA 4.00 $4,175.00 _ $16,700.00 5 3441.3301 Rdwy Illum Foundation Ty 1, 2, and 4 34 41 20 EA 4.00 $1,650.00 $6,600.00 6 3441,3401 6-6-6 Triplex Alum Elec Conductor 34 41 20 LF 3660.00 $3.00 $10,980.00 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $72,936.60 UNIT I: WATER IMPROVEMENTS $88,680.95 UNIT II: SANITARY SEWER IMPROVEMENTS $8,865.95 UNIT III: STORM DRAIN IMPROVEMENTS $1,350.00 UNIT IV: PAVING IMPROVEMENTS $171,635.05 UNIT V: STREET LIGHTING IMPROVEMENTS $72,936.60 Total Construction Bid $343,468.55 This Bid is submitted by the entity named below: BIDDER: Tegrity Contractors, Inc. 202 N. Allen Drive, Suite E Allen, Texas 75013 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. BY: Emily �ulp �a1 TITLE: Project Manage DATE:10/23/2023 YYY END OF SECTION 90 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Unit Pricing Proposal 0045 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work Tvne" box Drovide the complete maior work tvDe and actual description as provided b� the Water Deeartment for water and sewer and TPW for navina, Major Work Type Water service w/ pavement repair Sewer manhole with liner Storm flumes Repave Curb and gutter at utility cuts Hand pour paving @a drive approaches and sidewalk pavinc. Install roadway illumination with metered pedestals Contractor/Subcontractor Company Name Prequalification Expiration Date Rumsey 4/30/24 Hand pour work only. No pre -qualification required. C&S Utility Construction Inc. 1/26/24 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Tegrity Contractors 202 N. Allen Dr., Suite E Allen, TX 75013 (Signature) TITLE: ©. DATE: 10/—S7 Z'3 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWARDED PROJECTS _00 45 12_Prequalification Statement 2015—DAP (5) Form Version September 1, 2015 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 104681. 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: ooy\4 By: _�11 l0`C ri s Compaq (Plea Print) LV' �•i�,��� . C Jt� t,� Signature: -` 1 Address Title: U U City/State/Zip (Please Print) THE STATE OF TEXAS § COUNTY OFTARRANT § B FORE ME, the undersigned authority, on this day personally appeared 1�p[ ayt , 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(:dvtmc-�04'5 for the purposes and consideration therein exp sse and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 114v" day of --DcAvkd- , 202'3. ,�i�r, — NETANYA MCCLELLAND siNotary Public, State of Texas Comm. Expires 02-17-2027 Notary ID 134208285 _ Notary i G!. it ,ddtK; 0 LdLc v, , LA IS a*)k RU" END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 Rivertree Academy 104681 00 52 43 - 1 Developer Awarded Project Agreement Page] of4 1 SECTION 00 52 43 2 Nr 3 3 THIS AGREEMENT, authorized on iszmaade by and between the Developer, 4 (Insert Full L gal N me of Developer), authorized to do business in Texas ("Developer") , and 5 7�0 ,� 1 -� authorized to do 6 busineSW 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 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Rivertree Academy 16 104681 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within[ L V,t calendar days after the 23 date when the Contract Time commences to run as provided in Paragraph 12.04 of the 24 Standard City Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer 27 will suffer financial loss if the Work is not completed within the times specified in 28 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 29 the Standard City Conditions of the Construction Contract for Developer Awarded 30 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 31 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 32 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 33 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 Developer Zero Dollars ($0.00) for each day that expires after the time specified in 35 Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised June 16, 2016 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 36 Article 4. CONTRACT PRICE 37 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds ofJ- W Dollars 39 ($cj08•SS )• +�, (G�� 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between Developer and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form (As provided by Developer) 47 1) Proposal Form (DAP Version) 48 2) Prequalification Statement 49 3) State and Federal documents (project specific) 50 b. Insurance ACORD Form(s) 51 c. Payment Bond (DAP Version) 52 d. Performance Bond (DAP Version) 53 e. Maintenance Bond (DAP Version) 54 f. Power of Attorney for the Bonds 55 g. Worker's Compensation Affidavit 56 h. MBE and/or SBE Commitment Form (If required) 57 3. Standard City General Conditions of the Construction Contract for Developer 58 Awarded Projects. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment 61 or, if not attached, as incorporated by reference and described in the Table of 62 Contents of the Project's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 73 CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised June 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of 4 74 Article 6. INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of, the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. This indemnification provision is specifically intended to operate 80 and be effective even if it is alleged or proven that all or some of the damages being 81 sought were caused. in whole or in Dart, by anv act omission or negligence of the city. 82 This indemnity provision is intended to include, without limitation, indemnity for 83 costs, expenses and legal fees incurred by the city in defending against such claims and 84 causes of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city, its officers, servants and employees, from and against any and all loss, damage 88 or destruction of property of the city, arising out of, or alleged to arise out of, the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification 91 provision is specifically intended to operate and be effective even if it is alle ee d or 92 proven that all or some of the damages being sought were caused. in whole or in part. 93 by anv act. omission or negligence of the citv. 94 95 Article 7. MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 98 the Construction Contract for Developer Awarded Projects. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the Developer. 102 7.3 Successors and Assigns. 103 Developer and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other parry hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon DEVELOPER and 110 CONTRACTOR. 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised June 16, 2016 00 52 43 - 4 Developer Awarded Project Agreement Page 4 of 4 W, 116 7.6 Authority to Sign. 117 Contractor shall attach evidence of authority to sign Agreement, if other than duly 118 authorized signatory of the Contractor. 119 120 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 121 counterparts. 122 123 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 124 125 Contractor: 1 1 By: (SSI_, ature) (Printed Name) Title: Company Name: Address: o*10 9, VQ�� kk.,Q,v1 ' r- 1 F . City/State/Zip: el A Date vuaWA-T (Signature) cT /rt2s (Printed W Name) Title:lQ� C:ju� Company name: �M -/� Addr : 9.Y�//�GIL� L4c-, D -1 J City/State/Zip.- /0- /0. o?0.913 Date CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS Revised June 16, 2016 Rivertree Academy 104681 a COMMERCIAL UMBRELLA - TABLE OF CONTENTS Coveraae Part Provision: Beains on Paae: Preamble...............................................................................................................................................................3 SECTIONI - COVERAGE: .................................................................................................................................... 3 A. Insuring Agreement..............................................................................................................................3 B. Exclusions: ............................................................................................................................................ 4 1. Asbestos..........................................................................................................................................4 2. Breach of Contract, Failure to Perform, Wrong Description and Violation of Another's Rights............................................................................................................4 3. Contractual Liability..........................................................................................................................4 4. Damage to Impaired Property or Property Not Physically Injured...................................................4 5. Damage to Property.........................................................................................................................4 6. Damage to Your Product.................................................................................................................4 7. Damage to Your Work.....................................................................................................................4 8. Distribution of Material in Violation of Statutes................................................................................5 9. Electronic Chatrooms or Bulletin Boards.........................................................................................5 10. Electronic Data................................................................................................................................5 11. Employer's Liability Limitation..........................................................................................................5 12. Employment -Related Practices.......................................................................................................5 13. Expected or Intended Injury.............................................................................................................5 14. Falsity, Prior Publication, Criminal Act and Media and Internet Type Businesses ...........................6 15. Infringement of Copyright, Patent, Trademark or Trade Secret......................................................6 16. Pollutant - Auto................................................................................................................................6 17. Pollutant - Other Than Auto.............................................................................................................7 18. Recall of Products, Work or Impaired Property...............................................................................9 19. Unauthorized Use of Another's Name or Product............................................................................9 20. Uninsured / Underinsured Motorist..................................................................................................9 21. War..................................................................................................................................................9 22. Workers' Compensation..................................................................................................................9 C. Defense and Supplementary Payments..............................................................................................9 SECTION II -WHO IS AN INSURED..................................................................................................................10 SECTION III - LIMITS OF INSURANCE.............................................................................................................11 SECTION IV -CONDITIONS: ............................................................................................................................. 12 1. Appeals.................................................................................................................................................12 2. Audit......................................................................................................................................................13 3. Bankruptcy............................................................................................................................................13 4. Duties in the Event of Occurrence, Claim or Suit..................................................................................13 5. First Named Insured.............................................................................................................................13 6. Legal Action Against Us and Loss Payments.......................................................................................13 7. Liberalization.........................................................................................................................................14 8. Maintenance of Underlying Insurance...................................................................................................14 9. Other Insurance....................................................................................................................................14 10. Premium................................................................................................................................................14 11. Representations....................................................................................................................................14 12. Separation of Insureds..........................................................................................................................14 13. Transfer of Rights of Recovery Against Others to Us...........................................................................15 14. When We Do Not Renew......................................................................................................................15 SECTION V - DEFINITIONS: .............................................................................................................................. 15 1. "Advertisement".....................................................................................................................................15 2. "Authorized representative"...................................................................................................................15 3. "Auto"....................................................................................................................................................15 4. "Bodily injury...........................................................................................................................................16 5. "Coverage term"....................................................................................................................................16 6. "Coverage territory.................................................................................................................................16 Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Pagel of 22 Coverage Part Provision: Begins on Page: 7. "Electronic data"....................................................................................................................................16 8. "Employee"............................................................................................................................................16 9. "Executive officer".................................................................................................................................16 10. "Hostile fire"...........................................................................................................................................16 11. "Impaired property„...............................................................................................................................16 12. "Insured contract"..................................................................................................................................16 13. "Leased worker"....................................................................................................................................17 14. "Loading or unloading............................................................................................................................17 15. "Mobile equipment"...............................................................................................................................18 16. "Occurrence".........................................................................................................................................18 17. "Personal and advertising injury'...........................................................................................................18 18. "Pollutants"............................................................................................................................................19 19. "Products -completed operations hazard"..............................................................................................19 20. "Property damage"................................................................................................................................19 21. "Subsidiary.............................................................................................................................................19 22. "Suit"......................................................................................................................................................19 23. 'Temporary worker"..............................................................................................................................20 24. "Ultimate net loss".................................................................................................................................20 25. "Underlying insurance"..........................................................................................................................20 26. "Underlying limit"...................................................................................................................................20 27. 'Workplace .. ..........................................................................................................................................20 28. 'Your product".......................................................................................................................................20 29. 'Your work"...........................................................................................................................................20 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT......................................................................21 Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 2 of 22 COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM Various provisions in this Coverage Part restrict this insurance. Read the entire Coverage Part carefully to determine rights, duties and what is and is not covered. Throughout this Coverage Part the words 'you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this Coverage Part. The words 'We", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organiza- tion qualifying as such under SECTION II -WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS. SECTION I - COVERAGE A. Insuring Agreement 1. We will pay on behalf of the insured the "ultimate net loss" which the insured is le- gally obligated to pay as damages for "bodily injury", "personal and advertising injury" or "property damage" to which this insurance applies: a. Which is in excess of the "underlying insurance"; or b. Which is either excluded or not in- sured by "underlying insurance". 2. This insurance applies to "bodily injury", "personal and advertising injury" or "prop- erty damage" only if a. The "bodily injury', "personal and ad- vertising injury' or "property damage" is caused by an "occurrence" that takes place in the "coverage territo- ry'; and b. The "bodily injury' or "property dam- age" occurs during the policy period shown in the Declarations; or c. The "personal and advertising injury' results from an "occurrence" that takes place during the policy period shown in the Decarations; and d. Prior to the "coverage term" in which "bodily injury' or "property damage" occurs, or a "personal and advertis- ing injury' offense is committed, you did not know, per Paragraph 5. be- low, that the "bodily injury' or "proper- ty damage" had occurred or had be- gun to occur, in whole or in part, or that the "personal and advertising in- jury' offense had been committed or had begun to be committed, in whole or in part. 3. "Bodily injury" or "property damage" which: a. Occurs during the "coverage term"; and b. Was not, prior to the "coverage term", known by you, per Paragraph 5. below, to have occurred; includes any continuation, change or re- sumption of that "bodily injury" or "proper- ty damage" after the end of the "coverage term" in which it first became known by you. 4. "Personal and advertising injury" caused by an offense which: a. Was committed during the "coverage term'; and b. Was not, prior to the "coverage term", known by you, per Paragraph 5. below, to have been committed; includes any continuation, change or re- sumption of that "personal and advertising injury" offense after the end of the "cover- age term" in which it first became known by you. 5. You will be deemed to know that "bodily injury" or "property damage" has oc- curred, or that a "personal and advertising injury" offense has been committed at the earliest time when any "authorized repre- sentative": a. Reports all, or any part, of the "bodily injury", "personal and advertising inju- ry' or "property damage" to us or any other insurer; b. Receives a written or verbal demand or claim for damages because of the "bodily injury", "personal and advertis- ing injury' or "property damage'; c. First observes, or reasonably should have first observed, the "bodily injury' or "property damage", or the offense that caused the "personal and adver- tising injury'; d. Becomes aware, or reasonably should have become aware, by any means, other than as described in c. above, that "bodily injury' or "property Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 3 of 22 damage" had occurred or had begun a. That the insured would have in the to occur, or that the "personal and absence of the contract or agree - advertising injury" offense had been ment; or committed or had begun to be com- mitted; or b. Assumed in a contract or agreement that is an "insured contract", provided e. Becomes aware, or reasonably the "bodily injury', "personal and ad - should have become aware, of a vertising injury' or "property damage" condition from which "bodily injury', occurs subsequent to the execution "personal and advertising injury" or of the contract or agreement. "property damage" is substantially certain to occur. 4. Damage to Impaired Property or Prop- erty Not Physically Injured 6. The amount we will pay for damages is limited as described in SECTION III - LIM- "Property damage" to "impaired property" ITS OF INSURANCE. or property that has not been physically in- jured, arising out of: No other obligation or liability to pay sums or perform acts or services is covered, unless a. A defect, deficiency, inadequacy or expressly provided for under SECTION I - dangerous condition in "your product" COVERAGE, C. Defense and Supplemen- or "your work"; or tary Payments. b, A delay or failure by you or anyone B. Exclusions acting on your behalf to perform a contract or agreement in accordance This insurance does not apply to: with its terms. 1. Asbestos This exclusion does not apply to the loss of use of other property arising out of Any liability arising out of, attributable to or sudden and accidental physical injury to any way related to asbestos in any form or "your product" or "your work" after it has transmitted in any manner. been put to its intended use. 2. Breach of Contract, Failure to Perform, 5. Damage to Property Wrong Description and Violation of Another's Rights "Property damage" to property owned by any insured, including any costs or ex - "Personal and advertising injury": penses incurred by you, or any other per - a. Arising out of breach of contract, ex- son, organization or entity, for repair, re- cept an implied contract to use an- placement, enhancement, restoration or other's advertising idea in your "ad- maintenance of such property for any rea- vertisement"; son, including prevention of injury to a person or damage to another's property. b. Arising out of the failure of goods, products or services to conform with 6. Damage to Your Product any statement of quality or perfor- "Property damage" to "your product" aris- mance made in your "advertisement"; ing out of it or any part of it. c. Arising out of the wrong description 7. Damage to Your Work of the price of goods, products or services stated in your "advertise- "Property damage" to "your work" arising ment"; or out of it or any part of it and included in the"products-completed operations haz- d. Caused by or at the direction of the ard". insured with the knowledge that the act would violate the rights of another This exclusion does not apply if the dam - and would inflict "personal and adver- aged work or the work out of which the tising injury'. damage arises was performed on your behalf bya subcontractor. 3. Contractual Liability Any liability for which the insured is obli- 8. Distribution of Material in Violation of gated to pay damages by reason of the Statutes assumption of liability in a contract or Any liability arising directly or indirectly out agreement. This exclusion does not apply of any action or omission that violates or to liability for "bodily injury", "personal and is alleged to violate: advertising injury' or "property damage": Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 4 of 22 a. The Telephone Consumer Protection Act (TCPA), including any amend- ment of or addition to such law; b. The CAN-SPAM Act of 2003, includ- ing any amendment of or addition to such law; or c. Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communi- cating or distribution of material or in- formation. 9. Electronic Chatrooms or Bulletin Boards "Personal and advertising injury' arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. 10. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "elec- tronic data". 11. Employer's Liability Limitation Any liability arising from any injury to: a. An "employee" of the insured sus- tained in the "workplace"; b. An "employee" of the insured arising out of the performance of duties re- lated to the conduct of the insured's business; or c. The spouse, child, parent, brother or sister of that "employee" as a conse- quence of a. or b. above. This exclusion applies: a. Whether the insured maybe liable as an employer or in any other capacity, and b. To any obligation to share damages with or repay someone else who must pay damages because of the in- jury. This exclusion does not apply when such insurance is provided by valid and collect- ible "underlying insurance" listed in the Schedule of Underlying Insurance, or would have been provided by such listed "underlying insurance" except for the ex- haustion by payment of claims of its limits of insurance, and then only for such haz- ards for which coverage is provided by such "underlying insurance", unless oth- erwise excluded by this Coverage Part. 12. Employment -Related Practices Any liability arising from any injury to: a. A person arising out of any. (1) Refusal to employ that person; (2) Termination of that person's em- ployment; or (3) Other employment -related prac- tices, policies, acts or omissions including but not limited to coer- cion, criticism, demotion, evalua- tion, failure to promote, reas- signment, discipline, defamation, harassment, humiliation or dis- crimination directed at that per- son; or b. The spouse, child, parent, brother or sister of that person as a conse- quence of any injury to that person at whom any of the employment -related practices described in Paragraphs (1), (2), or (3) above is directed. This exclusion applies: a. Whether the insured maybe liable as an employer or in any other capacity, and b. To any obligation to share damages with or repay someone else who must pay damages because of the in- jury. 13. Expected or Intended Injury "Bodily injury' or "property damage" which may reasonably be expected to result from the intentional or criminal acts of the insured or which is in fact expected or in- tended by the insured, even if the injury or damage is of a different degree or type than actually intended or expected. However, this exclusion does not apply to: a. "Bodily injury" resulting from the use of reasonable force to protect per- sons or property; or b. "Bodily injury" or "property damage" resulting from the use of reasonable force to prevent or eliminate danger in the operation of "autos" or water- craft. 14. Falsity, Prior Publication, Criminal Act and Media and Internet Type Busi- nesses "Personal and advertising injury': Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 5 of 22 a. Arising out of oral or written publica- tion of material, if done by or at the direction of the insured with knowledge of its falsity; b. Arising out of oral or written publica- tion of material whose first publication took place before the later of the fol- lowing: (1) The inception of this Coverage Part; or (2) The "coverage term" in which in- surance coverage is sought; c. Arising out of a criminal act commit- ted by or at the direction of the in- sured; or d. Committed by an insured whose business is: (1) Advertising, broadcasting, pub- lishing or telecasting; (2) Designing or determining content of web -sites for others; or (3) An Internet search, access, con- tent or service provider. However, Paragraph d. does not ap- ply to Paragraphs 17.a., b., c., d. and i. of "personal and advertising injury' under SECTION V - DEFINI- TIONS. For the purposes of Paragraph d., the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of ad- vertising, broadcasting, publishing or telecasting. 15. Infringement of Copyright, Patent, Trademark or Trade Secret "Personal and advertising injury' arising out of the infringement of copyright, pa- tent, trademark, trade secret or other in- tellectual property rights. However, this exclusion does not apply to infringement in your "advertisement", of copyright, trade dress or slogan. 16. Pollutant -Auto (a) Being transported or towed by, handled, or handled for movement into, onto or from, an "auto" that an in- sured owns, hires, borrows, rents, leases, or that is op- erated on their behalf in any other fashion; (b) Otherwise in the course of transit by or on behalf of the insured; or (c) Being stored, disposed of, treated or processed in or upon an "auto" that an in- sured owns, hires, borrows, rents, leases, or that is op- erated on their behalf in any other fashion; (2) Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accept- ed by the insured for movement into or onto an "auto" that an in- sured owns, hires, borrows, rents, leases, or that is operated on their behalf in any other fash- ion; or (3) After the "pollutants" or any property in which the "pollutants" are contained are moved from an "auto" that an insured owns, hires, borrows, rents, leases, or that is operated on their behalf in any other fashion to the place where they are finally delivered, disposed of or abandoned by the insured. Paragraph (1) above does not apply to "bodily injury" or "property damage" arising from fuels, lubricants, or other operating fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of an "auto" that an in- sured owns, hires, borrows, rents, leases, or that is operated on their behalf in any other fashion or its parts, if (a) a. "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, emis- sion or escape of "pollutants": (1) That are, or that are contained in any property that is: Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. The "pollutants" escape, seep, migrate, or are discharged, dis- persed or released directly from an "auto" part designed by its manufacturer to hold, store, re- ceive or dispose of such "pollu- tants"; and Page 6 of 22 (b) The "bodily injury" or "property "underlying limit" specified in the damage" does not arise out of Schedule of Underlying Insur- the operation of any equipment ance for the "underlying insur- listed in Paragraphs f.(2) and (3) ance" listed and subject to all its of the definition of "mobile terms, limitations and conditions: equipment". (a) "Bodily injury', if sustained However, this exception to Paragraph within a building and caused (1) does not apply if the fuels, lubri- by smoke, fumes, vapor or cants, or other operating fluids, ex- soot produced by or origi- haust gases or other similar "pollu- nating from equipment that tants" are intentionally discharged, is used to heat, cool or de - dispersed, emitted or released. humidify the building, or equipment that is used to Paragraphs (2) and (3) above do not heat water for personal use apply to an "occurrence" that occurs by the building's occupants away from premises owned by or or their guests; rented to an insured with respect to "pollutants" not in or upon an "auto" (b) "Bodily injury' or "property that an insured owns, hires, borrows, damage" for which you may rents, leases, or that is operated on be held liable, if you are a their behalf in any other fashion if: contractor, and the owner or (a) The "pollutants" or any property lessee of such premises, site or location has been in which the "pollutants" are con- added to your "underlying tained are upset, overturned or insurance" as an additional damaged as a result of the insured with respect to your maintenance or use of an auto ongoing operations or "your that an insured owns, hires, bor- work" performed for that rows, rents, leases, or that is op- additional insured at that erated on their behalf in any oth- premises, site or location er fashion; and and such premises, site or (b) The discharge, dispersal, seep- location is not and never age, migration, release, emis- was owned or occupied by, sion or escape of the "pollutants" or rented or loaned to, any is caused directly by such upset, insured, other than that ad - overturn or damage. ditional insured; or b. Any liability caused by "pollutants" (c) "Bodily injury' or "property and arising from the operation, damage" ama a t of heafrom maintenance, use, loading or un- fumes t, or fsing umes loading" of an "auto", for which insur- "hostile fire"; ance coverage is excluded by "under- (2) At or from any premises, site or lying insurance". location which is or was at any 17. Pollutant -Other Than Auto time used by or for any insured or others for the handling, stor- a. "Bodily injury" or "property damage" age, disposal, processing or arising out of the actual, alleged or treatment of waste; threatened discharge, dispersal, seepage, migration, release, emis- (3) Which are or were at any time sion or escape of "pollutants": transported, handled, stored, treated, disposed of, or pro- (1) At or from any premises, site or cessed as waste by or for any location which is or was at any insured or any person or organi- time owned or occupied by, or zation for whom you may be le - rented or loaned to, any insured. gally responsible; However, Paragraph a.(1) of this (4) At or from any premises, site or exclusion does not apply to the location on which any insured or following if such liability is cov- any contractors or subcontrac- ered by "underlying insurance" tors working directly or indirectly listed in the Schedule of Underly,- on any insured's behalf are per- ing Insurance, but only to the ex- forming operations, if the "pollu- tent insurance is provided at the tants" are brought on or to the Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 7 of 22 premises, site or location in con- smoke or fumes from a nection with such operations by "hostile fire"; or such insured, contractor or sub- contractor. (5) At or from any premises, site or location on which any insured or However, Paragraph a.(4) of this any contractors or subcontrac- exclusion does not apply to the tors working directly or indirectly following if such liability is cov- on any insured's behalf are per- ered by "underlying insurance" forming operations, if the opera - listed in the Schedule of Underly tions are to test for, monitor, ing Insurance, but only to the ex- clean up, remove, contain, treat, tent insurance is provided at the detoxify or neutralize, or in any "underlying limit" specified in the way respond to or assess the ef- Schedule of Underlying Insur- fects of, "pollutants". ance for the "underlying insur- ance listed and subject to all its b "Personal and advertising injury" aris- terms, limitations and conditions: ing out of the actual, alleged or threatened discharge, dispersal, (a) "Bodily injury' or "property seepage, migration, release, escape damage" arising out of the or emission of "pollutants" at any escape of fuels, lubricants time. or other operating fluids which are needed to per- c. Any loss, cost or expense arising out form the normal electrical, of any. hydraulic or mechanical (1) Request, demand, order or stat- functions necessary for the utory or regulatory requirement operation of "mobile equip- that any insured or others test ment or its parts, if such for, monitor, clean up, remove, fuels, lubricants or other op- contain, treat, detoxify or neutral- erating fluids escape from a ize, or in any way respond to, or vehicle part designed to assess the effects of, "pollu- hold, store or receive them. tants"; or This exception does not ap- ply if the "bodily injury" or (2) Claim or suit by or on behalf of a "property damage" arises governmental authority for dam - out of the intentional dis- ages because of testing for, charge, dispersal or release monitoring, cleaning up, remov- of the fuels, lubricants or ing, containing, treating, detoxify other operating fluids, or if ing or neutralizing, or in any way such fuels, lubricants or responding to, or assessing the other operating fluids are effects of, "pollutants". brought on or to the premis- es, site or location with the However, this Paragraph c. does not intent that they be dis- apply to liability for damages because charged, dispersed or re- of "property damage" that the insured leased as part of the opera- would have in the absence of such tions being performed by request, demand, order or statutory such insured, contractor or or regulatory requirement, or such subcontractor; claim or "suit" by or on behalf of a governmental authority. (b) "Bodily injury' or "property damage" sustained within a d. Any liability caused by "pollutants", for building and caused by the which insurance coverage is exclud- release of gases, fumes or ed by "underlying insurance". vapors from materials 18. Recall of Products, Work or Impaired brought into that building in Property connection with operations being performed by you or Any liability or damages claimed for any on your behalf by a contrac- loss, cost or expense incurred by you or for or subcontractor; or others for the loss of use, withdrawal, re- (c) "Bodily injury' or "property call, inspection, repair, replacement, ad- justment, removal or disposal of: damage" arising out of heat, a. "Your product'; Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 8 of 22 b. "Your work"; or c. "Impaired Property'; if such product, work or property is with- drawn or recalled from the market or from use by any person or organization be- cause of a known or suspected defect, deficiency, inadequacy or dangerous con- dition in it. 19. Unauthorized Use of Another's Name or Product "Personal and advertising injury' arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag or any other similar tactics to mislead another's poten- tial customers. 20. Uninsured / Underinsured Motorist Any liability or obligation to any insured or anyone else under any uninsured motor- ist, underinsured motorist, automobile no- fault or first party personal injury law. 21. War Any liability, however caused, arising di- rectly or indirectly, out of: a. War, including undeclared or civil war; b. Warlike action by a military force, in- cluding action in hindering or defend- ing against an actual or expected at- tack by any government, sovereign or authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 22. Workers' Compensation Any liability or obligation of the insured under any workers' compensation, unem- ployment compensation, disability benefits or similar law. However, this exclusion does not apply to liability of others as- sumed by you under an "insured contract" in existence at the time of "occurrence". C. Defense and Supplementary Payments 1. We will have the right and duty to defend the insured against any "suit" seeking damages because of "bodily injury", "per- sonal and advertising injury" or "property damage" to which this insurance applies. We will have no duty to defend the in- sured against any "suit" seeking damages for "bodily injury', "personal and advertis- ing injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occur- rence" and settle any claim or "suit" that may result when: a. The applicable limits of the "underly,- ing insurance" and any other insur- ance have been exhausted by pay- ment of claims; or b. Damages are sought for "bodily inju- ry', "personal and advertising injury' or "property damage" which are not covered by "underlying insurance" or other insurance. 2. Our right and duty to defend ends when the applicable Limits of Insurance, as stated in the Declarations, has been ex- hausted by payment of claims. 3. We have no duty to investigate, settle or defend any claim or "suit" other than those circumstances described in Para- graph C.1. However, we do have the right to participate in the investigation, settle- ment or defense of any claim or "suit" to which this insurance applies. If we exer- cise this right, we will do so at our ex- pense. 4. If there is no underlying insurer or other insurance obligated to do so, we will pay the following when we provide a defense: a. All expenses we incur. b. The cost of bail bonds up to $3,000. We do not have to furnish these bonds. c. The cost of bonds to appeal a judg- ment or award in any claim or "suit" we defend and the cost of bonds to release attachments, but only for bond amounts within the applicable Limits of Insurance. We do not have to furnish these bonds. d. Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including the actual loss of earnings. e. All costs taxed against the insured in the "suit". 5. If there is no underlying insurer obligated to do so, we will pay the following for an "occurrence" to which this insurance ap- plies, even if we have no duty to provide a defense: a. Prejudgment interest awarded against the insured on that part of the Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 9 of 22 judgment we become obligated to (4) An organization other than a partner - pay and which falls within the appli- ship, joint venture, or limited liability cable Limit of Insurance. If we make company, you are an insured. Your an offer to pay the applicable Limits "executive officers" and directors are of Insurance, we will not pay any pre- insureds, but only with respect to judgment interest based on the peri- their duties as your officers or direc- od of time after the offer. tors. Your stockholders are also in- sureds, but only with respect to their b. All interest awarded against the in- liability as stockholders. Each of the sured on the full amount of any following is also a Named Insured: judgment that accrues: (1) After entry of the judgment; and (a) Any "subsidiary" company of such organization, including any (2) Before we have paid, offered to "subsidiary" of such "subsidiary": pay or deposited in court the part 1) Existing at the inception of of the judgment that is within the this Coverage Part; or applicable Limit of Insurance. acquiredor 2) Formed acquired 6. The payments described in Paragraphs 4. after the i off this s and 5. above will not reduce the Limits of Coverage Part. Insurance provided by this Coverage Part when defense or supplementary payer (b) Any other company controlled ments provided by the "underlying insur- and actively managed by such ance" do not reduce their Limits of Insur- organization or any "subsidiary" ance. However, when defense or sup- thereof: plementary payments provided by the "underlying insurance" reduce their Limits 1) At the inception of this Cov- of Insurance then such expense payer erage Part; or ments paid by us will reduce the Limits of 2) If the control and active Insurance provided by this Coverage Part. management thereof is ac- 7. If we are prevented by law or otherwise quired on or after the incep- from carrying out any of the provisions of tion of this Coverage Part. SECTION I - COVERAGE, C. Defense (5) A trust, you are an insured. Your and Supplementary Payments, we will trustees are also insureds, but only pay any expense incurred with our written with respect to their duties as trus- consent. tees. SECTION II -WHO IS AN INSURED 1. Except for liability arising out of the ownership, maintenance, occupancy or use of an "auto": a. If you are designated in the Declarations as: (1) An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. (2) A partnership or joint venture, you are an insured. Your members, partners and their spouses are also insureds, but only with respect to the conduct of your business. (3) A limited liability company, you are an insured. Your members are also in- sureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your man- agers. b. Each of the following is also an insured: (1) Any "employee" of yours while acting within the scope of their duties as such. (2) Any person or organization while act- ing as your real estate manager. (3) Any person or organization having proper temporary custody of your property if you die, but only: (a) With respect to liability arising out of the maintenance or use of that property; and (b) Until your legal representative has been appointed. (4) Your legal representative if you die, but only with respect to duties as such. 2. Only with respect to liability arising out of the ownership, maintenance, occupancy or use of an "auto": Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 10 of 22 a. You are an insured. provided for such additional insureds thereun- der. b. Anyone else while using with your permis- sion an "auto" you own, hire or borrow is No person or organization is an insured with re - also an insured except: spect to the conduct of any current or past partner- ship, joint venture, or limited liability company that (1) The owner or any other person or or- is not shown as a Named Insured in the Declara- ganization (except your "executive of- tions. ficers" or principals) from whom you hire or borrow an "auto", unless such SECTION III - LIMITS OF INSURANCE persons or organizations are in„ sureds in your "underlying insurance 1. The Limits of Insurance shown in the Declara- listed in the Schedule of Underlying tions and the rules below fix the most we will Insurance, and then only for such pay regardless of the number of: hazards for which coverage is pro- a. Insureds; vided by such "underlying insurance". This exception does not apply if the b. Claims made or "suits" brought; or "auto" is a trailer or semi -trailer con- nected to an "auto" you own. c. Persons or organizations making claims or bringing "suits". (2) Your "employee", if the "auto" is owned by that "employee" or a mem- 2. The Aggregate Limit is the most we will pay for ber of his or her household, unless: all damages: (a) Such "employee" is an insured a. Included in the "products -completed op - with respect to that "auto" in the erations hazard"; "underlying insurance" listed in b. Because of "bodily injury" by disease sus - the Schedule of Underlying In- tained by your "employees" arising out of surance, and then only for such and in the course of their employment by hazards for which coverage is you; or provided by such "underlying in- surance"; or c. Because of "bodily injury", "personal and advertising injury" or "property damage" (b) The "bodily injury' or "property not included within a. or b. above. How - damage" is sustained by a co- ever, this Aggregate Limit will not apply to "employee" of such "employee". damages which are not subject to an Ag- (3) Someone using an "auto" while he or gregate Limit in the "underlying insur- she is working in a business of sell- ance". ing, servicing, repairing, parking or The Aggregate Limit applies separately to a., storing "autos", unless that business b. and c. The Aggregate Limit described in c. is yours. will apply only to damages not subject to a. or (4) Anyone other than your "employees", b. above. partners (if you are a partnership), 3. Subject to the Limit of Insurance described in members (if you are a limited liability 2,c. above: company), or a lessee or borrower or any of their "employees", while mov- a. Only in the event that "underlying insur- ing property to or from an "auto". ance" specifically listed in the Schedule of Underlying Insurance provides an annual c. Anyone liable for the conduct of an in- Aggregate Limit of Insurance for damages sured described in Paragraphs 2.a. and b. that would not be subject to 2.a. or b. above is also an insured, but only if they above that is applicable separately to are provided insurance coverage for such each: liability by valid and collectible "underlying insurance" listed in the Schedule of Un- (1) Location owned by, or rented or derlying Insurance and then only for such leased to you solely with respect to hazards for which coverage is provided by damages which are the result of a such "underlying insurance". claim or "suit" for "bodily injury" or "property damage" which can be at- 3. At your option and subject to the terms of this tributed to operations at only a single insurance, any additional insureds not ad- location, then the Aggregate Limit dressed by Paragraphs 1. and 2. above cov- described in 2.c. above applies sepa- ered in the "underlying insurance" listed in the rately to each location owned by, or Schedule of Underlying Insurance are also in- rented or leased to you. sureds, but only to the extent that insurance is Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 11 of 22 (2) Of your construction projects solely with respect to damages which are the result of a claim or "suit' for "bodi- ly injury" or "property damage" which can be attributed only to ongoing op- erations and only at a single con- struction project, then the Aggregate Limit described in 2.c. above applies separately to each of your construc- tion projects. b. Only with respect to the application of Limits of Insurance described in 3.a. above, the following terms location and construction project will have the following meanings: (1) Location means premises involving the same or connecting lots, or prem- ises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. (2) Construction project means a loca- tion you do not own, rent or lease where ongoing improvements, altera- tions, installation, demolition or maintenance work is performed by you or on your behalf. All connected ongoing improvements, alterations, installation, demolition or mainte- nance work performed by you or on your behalf at the same location for the same persons or entities, no mat- ter how often or under how many dif- ferent contracts, will be deemed to be a single construction project. 4. Subject to the limits described in 2. and 3. above, the Each Occurrence Limit is the most we will pay for the "ultimate net loss": a. In excess of the applicable limits of "un- derlying insurance"; or b. If an "occurrence" is not covered by "un- derlying insurance", but covered by the terms and conditions of this Coverage Part, Because of all "bodily injury", "personal and advertising injury' and "property damage" aris- ing out of any one "occurrence". We will not pay more than the Limit of Insur- ance shown in this Coverage Part's Declara- tions for each "occurrence" because any Per- sonal Umbrella Liability Policy(ies) is / are at- tached to this policy. 5. Subject to the limits described in 2., 3. and 4. above and to the terms and conditions of the "underlying insurance": Coverage Part will continue in force as excess of the reduced "underlying insur- ance"; or b. If the limits of "underlying insurance" have been exhausted by payment of claims, this Coverage Part will continue in force as "underlying insurance". 6. The Limits of Insurance of this Coverage Part apply separately to each "coverage term". SECTION IV -CONDITIONS 1. Appeals If the insured or any insurer who provides the applicable "underlying insurance" elects not to appeal a judgment which exceeds the "under- lying limit", we may elect to do so at our own expense. We shall be liable for the taxable costs and disbursements and interest inci- dental thereto, but in no event shall this provi- sion increase our liability beyond: a. Our applicable Limits of Insurance for all "ultimate net loss"; b. Our applicable Defense and Supplemen- tary Payments as described in SECTION - COVERAGE, C. Defense and Supple- mentary Payments; and c. The expense of such appeal. 2. Audit If this Coverage Part is subject to Audit, as in- dicated in the Declarations, then the following Condition applies: a. The premium shown in the Premium Computation Endorsement as Advance Premium is a deposit premium. At the close of each audit period, we will com- pute the earned premium for that period. If: (1) The earned premium is less than the deposit premium, we will return the excess to the first Named Insured; or (2) The earned premium is greater than the deposit premium, the difference will be due and payable to us by the first Named Insured upon notice from us. The due date for audit and retro- spective premiums is the date shown as the due date on the bill. However, in no event will the earned pre- mium be less than the Minimum Premium stated in the Premium Computation En- dorsement. b. The first Named Insured must keep rec- a. If the limits of underlying insurance have ords of the information we need for pre - been reduced by payment of claims, this Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 12 of 22 mium computation, and send us copies at such times as we may request. 3. Bankruptcy Bankruptcy or insolvency of the insured or the insured's estate shall not relieve us of any ob- ligations under this Coverage Part. 4. Duties in the Event of Occurrence, Claim or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" which may result in a claim or "suit". To the extent possible, notice should include: (1) How, when and where the "occur- rence" took place; (2) The names and addresses of any in- jured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occur- rence". This requirement applies only when the "occurrence" is known to an "authorized representative". b. If a claim is made or "suit" is brought against any insured that is likely to involve this Coverage Part, you must: (1) Immediately record the specifics of the claim or "suit" and the date re- ceived; and (2) Notify us as soon as practicable. This requirement will not be considered breached unless the breach occurs after such claim or "suit" is known to an "au- thorized representative". c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or le- gal papers received in connection with the claim or "suit'; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and assume any obligation, or incur any ex- pense, other than for first aid, without our consent. 5. First Named Insured The person or organization first named in the Declarations will act on behalf of all other in- sureds where indicated in this Coverage Part. 6. Legal Action Against Us and Loss Pay- ments a. No legal action may be brought against us unless there has been full compliance with all the terms of this Coverage Part nor until the amount of the insured's obli- gation to pay has been finally determined as provided below. No person or organi- zation has any right under this Coverage Part to bring us into any action to deter- mine the liability of the insured. b. We shall be liable for payment of the "ul- timate net loss" for any "occurrence" to which this Coverage Part applies: (1) For "occurrences" not covered by "underlying insurance"; or (2) In excess of the "underlying limit" ap- plicable to the "occurrence" only after the insurers who provide the applica- ble "underlying insurance" have paid or become obligated to pay the amount of the "underlying limit" appli- cable to the "occurrence". Our payment will be made following final determination of the amount of the in- sured's obligation to pay either by final judgment against the insured or by written agreement with the insured, the claimant, the underlying insurers and us. 7. Liberalization If, within 60 days prior to the beginning of this Coverage Part or during the policy period, we make any changes to any forms or endorse- ments of this Coverage Part for which there is currently no separate premium charge, and that change provides more coverage than this Coverage Part, the change will automatically apply to this Coverage Part at the latter of: a. The date we implemented the change in your state; or (4) Assist us, upon our request, in the enforcement of any right against any b. The date this Coverage Part became ef- person or organization which may be fective; and liable to the insured because of injury Will be considered as included until the end of or damage to which this insurance the current policy period. We will make no ad - may also apply. ditional premium charge for this additional d. No insured will, except at that insured's coverage during the interim. own cost, voluntarily make a payment, Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 13 of 22 8. Maintenance of Underlying Insurance a. While this Coverage Part is in effect, the insured shall maintain in force the "under- lying insurance" listed in the Schedule of Underlying Insurance as collectible insur- ance. The terms, conditions and en- dorsements of "underlying insurance" will not materially change and renewals or re- placements of "underlying insurance" will not be more restrictive in coverage. b. Limits of "underlying insurance" will not be reduced, except for any reduction or ex- haustion in the aggregate limits of insur- ance due to payment of claims which are in accordance with SECTION I - COVER- AGE, A. Insuring Agreement, Paragraph 2. of this Coverage Part. c. In the event you fail or neglect to maintain "underlying insurance" as required, this Coverage Part will apply as though such "underlying insurance" was in force and collectible at the time a claim is presented to us which is in accordance with SEC- TION I - COVERAGE, A. Insuring Agreement, Paragraph 2. of this Cover- age Part. d. The limits of "underlying insurance" shall be deemed applicable, regardless of any defense which the insurer who provides the "underlying insurance" may assert be- cause of the insured's failure to comply with any Condition of the policy or the ina- bility of the insurer to pay by reason of bankruptcy or insolvency. 9. Other Insurance This insurance is excess over, and shall not contribute with any other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insur- ance specifically written as excess over this Coverage Part. 10. Premium The premium for this Coverage Part shall be as stated in the Declarations. The advance and anniversary premiums are not subject to adjustment, except as stated in the Declara- tions, or as stated in an endorsement issued by us to form a part of this Coverage Part. You shall maintain records of such information as is necessary for premium computation, and shall, if requested by us, send copies of such records to us at the end of the "coverage term" and at such times during the policy period as we may direct. 11. Representations a. By acceptance of this Coverage Part, you agree that the statements in the Declara- tions are your agreements and represen- tations, that this Coverage Part is issued in reliance upon the truth of such repre- sentations and that this Coverage Part embodies all agreements existing be- tween you and us or any of our agents re- lating to this insurance. b. However, to the extent that the following applies in the "underlying insurance" listed specifically in the Schedule of Underlying Insurance, it will also apply to this Cover- age Part: Based on our reliance upon your repre- sentations as to existing hazards, if unin- tentionally you should fail to disclose all such hazards at the inception date of this Coverage Part, we will not reject coverage under this Coverage Part based solely on such failure. 12. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named In- sured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 13. Transfer of Rights of Recovery Against Others to Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are trans- ferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Any recoveries shall be applied as follows: (1) First, we will reimburse anyone, in- cluding the insured, the amounts ac- tually paid by them that were in ex- cess of our payments; (2) Next, we will be reimbursed to the ex- tent of our actual payment; and (3) Lastly, any amounts left after meeting the obligations outlined in (1) and (2) above will be distributed to anyone else known to us at the time a recov- ery is made and who is legally enti- tled to such recovery. Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 14 of 22 Expenses incurred in the recovery shall and directors are "authorized repre- be apportioned among all interests in the sentatives". Provided you are not a ratio of their respective recoveries as fi- publicly traded organization, your nally settled. If there is no recovery as a stockholders are also "authorized result of our attempts, we shall bear all of representatives". the recovery expenses. (5) A trust, your trustees are "authorized c. If prior to an "occurrence" to which this representatives". Coverage Part would apply, you and the issuer of your applicable "underlying in- b. Your "employees" assigned to manage surance listed specifically in the Sched- your insurance program, or assigned to ule of Underlying Insurance waive any give or receive notice of an "occurrence", right of recovery against a person or or- claim or "suit" are also "authorized repre- ganization for injury or damage, we will al- sentatives". so waive any rights we may have against 3. "Auto" means: such person or organization. a. Any land motor vehicle, trailer or semi- 14. When We Do Not Renew trailer designed for travel on public roads; If we decide not to renew this Coverage Part, or we will mail or deliver to the first Named In- b, Any other land vehicle that is subject to a sured shown in the Declarations written notice compulsory or financial responsibility law of the nonrenewal not less than 30 days before or other motor vehicle insurance law the expiration date. where it is licensed or prinapal lygaraged. If notice is mailed, proof of mailing will be suf- "Auto" does not include "mobile equipment". ficient proof of notice. SECTION V -DEFINITIONS 4. "Bodily injury' means bodily harm or injury, sickness, disease, disability, humiliation, 1. "Advertisement" means a notice that is broad- shock, fright, mental anguish or mental injury, cast or published to the general public or spe- including care, loss of services or death result- cific market segments about your goods, ing from any of these at anytime. products or services for the purpose of attract- 5. "Coverage term" means the following individu- ing customers or supporters. "Advertisement" al increment, or if a multi -year policy period, includes a publicity article. For the purposes increments, of time, which comprise the policy of this definition: period of this Coverage Part: a. Notices that are published include materi- a. The year commencing on the Effective al placed on the Internet or on similar Date of this Coverage Part at 12:01 AM electronic means of communication; and standard time at your mailing address b. Regarding web -sites, only that part of a shown in the Declarations, and if a multi - web -site that is about your goods, prod- year policy period, each consecutive an- ucts or services for the purposes of at- nual period thereafter, or portion thereof if tracting customers or supporters is con- any period is for a period of less than 12 sidered an "advertisement". months, constitute individual "coverage terms". The last "coverage term" ends at 2. "Authorized representative" means: 12:00 AM standard time at your mailing address shown in the Declarations on the a. If you are: earlier of- (1) An individual, you and your spouse (1) The day the policy period shown in are "authorized representatives". the Declarations ends; or (2) A partnership or joint venture, your (2) The day the policy to which this Cov- members, your partners, and their erage Part is attached is terminated spouses are "authorized representa- or cancelled. tives". b. However, if after the issuance of this Cov- (3) A limited liability company, your erage Part, any "coverage term" is ex - members and your managers are tended for an additional period of less authorized representatives . than 12 months, that additional period of (4) An organization other than a partner- time will be deemed to be part of the last ship, joint venture or limited liability preceding "coverage term". company, your "executive officers" g, "Coverage territory" means anywhere. Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 15 of 22 7. "Electronic data" means information, facts or than a contract or agreement pertaining to programs stored as or on, created or used on, the rental or lease of any "auto", (including or transmitted to or from computer software, an indemnification of a municipality in including systems and applications software, connection with work performed for a mu - hard or floppy disks, CD-ROMS, tapes, drives, nicipality) under which you assume the cells, data processing devices or any other tort liability of another party to pay for media which are used with electronically con- "bodily injury', "property damage" or "per - trolled equipment. sonal and advertising injury" to a third 8. "Employee" includes a "leased worker". "Em- person or organization. Tort liability means a liability that would be imposed by ployee" does not include a "temporary worker". law in the absence of any contract or 9. "Executive officer" means a person holding agreement; or any of the officer positions created by your g. That part of any contract or agreement charter, constitution, by-laws or any similar entered into, as part of your business, governing document. pertaining to the rental or lease, by you or 10. "Hostile fire" means one that becomes uncon- any of your "employees", of any "auto". trollable or breaks out from where it was in- However, such contract or agreement tended to be. shall not be considered an "insured con- tract" to the extent that it obligates you or 11. "Impaired property' means tangible property, any of your "employees" to pay for "prop - other than "your product" or "your work", that erty damage" to any "auto" rented or cannot be used or is less useful because: leased by you or any of your "employees". a. It incorporates "your product" or "your Paragraphs f. and g. do not include that work" that is known or thought to be de- part of any contract or agreement: fective, deficient, inadequate or danger- ous; or (1) That indemnifies a railroad for "bodily injury", "property damage" or "per- b. You have failed to fulfill the terms of a sonal and advertising injury" arising contract or agreement, out of construction or demolition op- erations, within 50 feet of any railroad if such property can be restored to use by: property and affecting any railroad a. The repair, replacement, adjustment or bridge or trestle, tracks, road -beds, removal of "your product" or "your work"; tunnel, underpass or crossing. How - or ever, if such liability is insured by val- id and collectible "underlying insur- b. Your fulfilling the terms of the contract or ance" as listed in the Schedule of agreement. Underlying Insurance, this Paragraph (1) shall not apply for such hazards 12. "Insured contract �� means: for which insurance coverage is af- a. A contract for a lease of premises. How- forded by such "underlying insur- ever, that portion of the contract for a ance'; lease of premises that indemnifies any (2) That indemnifies an architect, engi- person or organization for "property dam- neer or surveyor for injury or damage age" by fire or explosion to premises while arising out of: rented to you or temporarily occupied by you with permission of the owner is not an (a) Preparing, approving or failing to "insured contract"; prepare or approve maps, shop drawings, opinions, reports, sur- b. A sidetrack agreement; g veys, field orders, change orders c. Any easement or license agreement, ex- or drawings and specifications; cept in connection with construction or or demolition operations on or within 50 feet (b) Giving directions or instructions, of a railroad; or failing to give them, if that is d. An obligation, as required by ordinance, to the primary cause of the injury or indemnify a municipality, except in con- damage; nection with work for a municipality, (3) Under which the insured, if an archi- e. An elevator maintenance agreement; tect, engineer or surveyor, assumes liability for injury or damage arising f. That part of any other contract or agree- out of the insured's rendering or fail- ment pertaining to your business, other ure to render professional services, Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 16 of 22 including those listed in Paragraph less for your use of an "auto" over a (2) above and supervisory, inspec- route or territory that person or organ- tion, architectural or engineering ac- ization is authorized to serve by pub- tivities; lic authority. (4) That indemnifies an advertising, pub- 13. "Leased worker" means a person leased to lic relations or media consulting firm you by a labor leasing firm under an agree - for "personal and advertising injury' ment between you and the labor leasing firm to arising out of the planning, execution perform duties related to the conduct of your or failure to execute marketing com- business. "Leased worker" includes supervi- munications programs. Marketing sors furnished to you by the labor leasing firm. communications programs include "Leased worker" does not include a "tempo - but are not limited to comprehensive rary worker". marketing campaigns; consumer, trade and corporate advertising for all 14. "Loading or unloading" means the handling of media; media planning, buying, moni- property: toring and analysis; direct mail; pro- a. After it is moved from the place where it is motion; sales materials; design; accepted for movement into or onto an presentations; point -of -sale materials; aircraft, watercraft or "auto"; market research; public relations and new product development; b. While it is in or on an aircraft, watercraft (5) Under which the insured, if an adver- or "auto"; or tising, public relations or media con- c. While it is being moved from an aircraft, sulting firm, assumes liability for "per- watercraft or "auto" to the place where it is sonal and advertising injury" arising finally delivered; out of the insured's rendering or fail- ure to render professional services, but "loading or unloading" does not include the including those services listed in Par- movement of property by means of a mechan- agraph (4), above; ical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". (6) That indemnifies a web -site designer or content provider, or Internet 15. "Mobile equipment" means any of the following search, access, content or service types of land vehicles, including any attached provider for injury or damage arising machinery or equipment: out of the planning, execution or fail- a. Bulldozers, farm machinery, forklifts and ure to execute Internet services. In- other vehicles designed for use principally ternet Services include but are not off public roads; limited to design, production, distribu- tion, maintenance and administration b. Vehicles maintained for use solely on or of web -sites and web -banners; host- next to premises you own or rent; ing web -sites; registering domain names; registering with search en- c. Vehicles that travel on crawler treads; gines; marketing analysis; and d. Vehicles, whether self-propelled or not, providing access to the Internet or maintained primarily to provide mobility to other similar networks; permanently mounted: (7) Under which the insured, if a web -site (1) Power cranes, shovels, loaders, dig - designer or content provider, or In- gers or drills; or ternet search, access, content or ser- vice provider, assumes liability for in- (2) Road construction or resurfacing jury or damage arising out of the in- equipment such as graders, scrapers sured's rendering or failure to render or rollers; Internet services, including those listed in Paragraph (6), above; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are (8) That pertains to the loan, lease or maintained primarily to provide mobility to rental of an "auto" to you or any of permanently attached equipment of the your "employees", if the "auto" is following types: loaned, leased or rented with a driver; or (1) Air compressors, pumps and genera- tors, including spraying, welding, (9) That holds a person or organization building cleaning, geophysical explo- engaged in the business of transport- ration, lighting and well -servicing ing property by "auto" for hire harm- equipment; or Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 17 of 22 (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not con- struction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and genera- tors, including spraying, welding, building cleaning, geophysical explo- ration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compul- sory or financial responsibility law or other mo- tor vehicle insurance law in the state where it is licensed or principally garaged. Land vehi- cles subject to a compulsory or financial re- sponsibility law or other motor vehicle insur- ance law are considered "autos". 16. "Occurrence" means: a. An accident, including continuous or re- peated exposure to substantially the same general harmful conditions, that results in "bodily injury" or "property damage"; or b. An offense that results in "personal and advertising injury". All damages arising from the same acci- dent, continuous or repeated exposure to substantially the same general harmful conditions, act or offense shall be deemed to arise from one "occurrence" regardless of: (1) The frequency of repetition; 17. "Personal and advertising injury" means injury, including "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. Abuse of process; d. The wrongful eviction from, wrongful entry into, or invasion of the right of private oc- cupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; e. Defamation of character, including oral or written publication, in any manner, of ma- terial that slanders or libels a person or organization or disparages a person's or organization's goods, products or ser- vices; f. Oral or written publication, in any manner, of material that violates a person's right of privacy; g. The use of another's advertising idea in your "advertisement"; h. Infringing upon another's copyright, trade dress or slogan in your "advertisement"; or i. Discrimination, unless insurance cover- age therefor is prohibited by law or stat- ute. 18. "Pollutants" mean any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, petroleum, petroleum products and petroleum by-products, and waste. Waste in- cludes materials to be recycled, reconditioned or reclaimed. "Pollutants" include, but are not limited to, substances which are generally rec- ognized in industry or government to be harm- ful or toxic to persons, property or the envi- ronment regardless of whether the injury or damage is caused directly or indirectly by the "pollutants" and whether: a. The insured is regularly or otherwise en- gaged in activities which taint or degrade the environment; or b. The insured uses, generates or produces the "pollutant". 19. "Products -completed operations hazard": (2) The number or kind of media used; a. Includes all "bodily injury" and "property or damage" occurring away from premises (3) The number of claimants. you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 18 of 22 (2) Work that has not yet been complet- ed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been complet- ed. (b) When all of the work to be done at the site has been completed, if your contract calls for work at more than one site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, mainte- nance, correction, repair or replace- ment, but which is otherwise com- plete, will be treated as completed. b. Does not include "bodily injury" or "proper- ty damage" arising out of- (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or un- loading" of that vehicle by any in- sured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20. "Property damage" means: a. Physical injury to or destruction of tangible property including all resulting loss of use. All such loss of use shall be deemed to occur at the time of the physical injury or destruction that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 21. "Subsidiary" means any organization in which more than 50% of the outstanding securities or voting rights representing the present right to vote for election of directors is owned or con- trolled, directly or indirectly, in any combina- tion, by one or more of the Named Insureds. age" to which this insurance applies are al- leged. "Suit" includes: a. An arbitration proceeding in which such money damages are claimed and to which the insured must submit or does submit with our consent; b. Any other alternative dispute resolution proceeding in which such money damag- es are claimed and to which the insured submits with our consent; or c. An appeal of a civil proceeding. 23. 'Temporary worker" means a person who is furnished to you to: a. Substitute for a permanent "employee" on leave; or b. Meet seasonal or short-term workload conditions. 24. "Ultimate net loss" means the sum actually paid or payable in the settlement or satisfac- tion of the insured's legal obligation for dam- ages, covered by this insurance, either by ad- judication or compromise. "Ultimate net loss" does not include Defense and Supplementary Payments as described in SECTION I - COV- ERAGE, C. Defense and Supplementary Payments of this Coverage Part. 25. "Underlying insurance" means the insurance listed in the Schedule of Underlying Insurance and the insurance available to the insured un- der all other insurance policies applicable to the "occurrence". "Underlying insurance" also includes any type of self-insurance or alterna- tive method by which the insured arranges for funding of legal liabilities that affords coverage that this Coverage Part covers. 26. "Underlying limit" means the total of the appli- cable limits of all "underlying insurance" less the amount, if any, by which the applicable lim- it of the applicable policy listed in the Schedule of Underlying Insurance has been reduced solely by payment of loss resulting from claims which are in accordance with SECTION I - COVERAGE, A. Insuring Agreement, Para- graph 2. of this Coverage Part. 27. "Workplace" means that place and during such hours to which the "employee" sustaining injury was assigned by you, or any other per- son or entity acting on your behalf, to work on the date of "occurrence". 28. "Your product": a. Means: 22. "Suit" means a civil proceeding in which mon- (1) Any goods or products, other than real ey damages because of "bodily injury", "per- property, manufactured, sold, handled, sonal and advertising injury" or "property dam- distributed or disposed of by. Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 19 of 22 (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have ac- quired; and (2) Containers (other than vehicles), mate- rials, parts or equipment furnished in connection with such goods or prod- ucts. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your product; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 29. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment fur- nished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work'; and (2) The providing of or failure to provide warnings or instructions. Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 20 of 22 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE PART A. SECTION I - COVERAGE, B. Exclusions is ries or possessions or Canada, this modified to add the following: Exclusion c. applies only to "property This insurance does not apply to: damage" to such "nuclear facility" and any property thereat. 1. Any liability: B. SECTION V - DEFINITIONS is hereby modi- a. With respect to which an insured un- fied to add the following definitions: der the policy is also an insured un- 1, "Hazardous properties" include radioac- der a nuclear energy liability policy is- tive, toxic or explosive properties; sued by Nuclear Energy Liability In- surance Association, Mutual Atomic 2. "Nuclear material" means "source materi- Energy Liability Underwriters or Nu- al", "special nuclear material" or "by - clear Insurance Association of Cana- product material"; da, or any of their successors, or would be an insured under any such 3. "Source material", "special nuclear mate - policy but for its termination upon ex- rial" and "by-product material" have the haustion of its limit of liability; or meanings given them in the Atomic Ener- gy Act of 1954 or in any law amendatory b. Resulting from the "hazardous prop- thereof; erties" of "nuclear material" and with respect to which (1) any person or 4. "Spent fuel" means any fuel element or organization is required to maintain fuel component, solid or liquid, which has financial protection pursuant to the been used or exposed to radiation in a Atomic Energy Act of 1954, or any "nuclear reactor'; law amendatory thereof, or (2) the in- 5. 'Waste" means any waste material (a) sured is, or had this policy not been containing "by-product material" other issued would be, entitled to indemnity than the tailings or wastes produced by from the United States of America, or the extraction or concentration of uranium any agency thereof, under any or thorium from any ore processed pri- agreement entered into by the United marily for its "source material" content, States of America, or any agency and (b) resulting from the operation by thereof, with any person or organiza- any person or organization of any "nuclear tion. facility" included under the first two para- 2. Any liability resulting from the "hazardous graphs of the definition of "nuclear facili- properties" of "nuclear material", if W. a. The "nuclear material" (1) is at any 6. "Nuclear facility" means: "nuclear facility' owned by, or operat- a, Any 'hudear reactor"; ed by or on behalf of, an insured or (2) has been discharged or dispersed b. Any equipment or device designed or therefrom, used for (1) separating the isotopes b. The "nuclear material" is contained in of uranium or plutonium, (2) pro- cessing or utilizing "spent fuel", (3) or spent fuel or waste at any time handling, processing or packaging possessed, handled, used, pro- "waste"; cessed, stored, transported or dis- posed of by or on behalf of an in- c. Any equipment or device used for the sured; or processing, fabricating or alloying of "special nuclear materials", if at any C. The injury or damage arises out of time the total amount of such materi- the furnishing by an insured of ser- al in the custody of the insured at the vices, materials, parts or equipment premises where such equipment or in connection with the planning, con- device is located consists of or con- struction, maintenance, operation or tains more than 25 grams of plutoni- use of any "nuclear facility", but if um or uranium 233 or any combina- such facility is located within the United States of America, its territo- Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 21 of 22 tion thereof, or more than 250 grams of uranium 235; d. Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations con- ducted on such site and all premises used for such operations; 7. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fis- sion in a self-supporting chain reaction or to contain a critical mass of fissionable material; 8. 'Property damage" includes all forms of radioactive contamination of property. Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 22 of 22 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 indi- cated below. Endorsement Effective: 04-10-2021 Named Insured: TEGRITY CONTRACTORS INC. Countersigned by: Policy Number: EBA 032 01 47 (Authorized Representative) 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. Cover- age, 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 1105 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 indi- cated below. Endorsement Effective: 04-10-2021 Named Insured: TEGRITY CONTRACTORS INC. Countersigned by. (Authorized Representative) Policy Number: EBA 032 01 47 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 payments we make for "bodily injury' or "prop- erty damage" arising out of the operation of a covered "auto" when you have assumed liabil- TIONS, A. Loss Conditions, 5. Transfer of ity for such "bodily injury" or "property damage" Rights of Recovery Against Others to Us is under an "insured contract", provided the "bod- amended by the addition of the following: ily injury" or "property damage" occurs subse- We waive any right of recovery we may have quent to the execution of the "insured con - against any person or organization because of tract". AA 4172 09 09 P ---eXaSMutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver 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 4/10/22 at 12:01 a.m. standard time, forms a part of: Policy no. 0001153858 of Texas Mutual Insurance Company effective on 4/10/22 Issued to: TEGRITY CONTRACTORS INC NCCI Carrier Code: 29939 This is not a bill Authorized representative 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 4/1 /22 WC 42 03 04 B .e utua WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. 1. Number of days advance notice: 2. Notice will be mailed to: Schedule 30 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 4/10/22 at 12:01 a.m. standard time, forms a part of: Policy no. 0001153858 of Texas Mutual Insurance Company effective on 4/10/22 Issued to: TEGRITY CONTRACTORS INC This is not a bill NCCI Carrier Code: 29939 Authorized representative PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 4/1 /22 WC420601 .e utua WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 08 EMPLOYERS LIABILITY POLICY Insured copy TEXAS PARTNERS, OFFICERS AND OTHERS EXCLUSION ENDORSEMENT The policy does not cover bodily injury to any person described in the Schedule. The premium basis for the policy does not include the remuneration of such persons. You will reimburse us for any payment we must make because of bodily injury to such persons. Schedule Name, title PATRICIA "TRISH" ROULETTE, President 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 4/10/22 at 12:01 a.m. standard time, forms a part of: Policy no. 0001153858 of Texas Mutual Insurance Company effective on 4/10/22 Issued to: TEGRITY CONTRACTORS INC NCCI Carrier Code: 29939 This is not a bill Authorized representative 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 4/1 /22 WC 42 03 08 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 LIABILITY COVERAGE PART COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART DENTIST'S PACKAGE POLICY EXCESS LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS -MADE 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 ORIGINAL 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 PROVIDE CANCELLATION NOTICE. 6200 S GILMORE RD ON FILE WITH AGENCY FAIRFIELD, OH 45014-5141 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 least the number of days shown in the Schedule before the effective date of cancellation or nonrenewal. B. If 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 08 11 Policy Number: EBA0320147 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus BUSINESS AUTO EXPANDED COVERAGE (XCx-') ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply un- less modified by this endorsement. A. Who is an Insured - Amended personal affairs, provided you do not SECTION II - LIABILITY COVERAGE, A. own, hire or borrow that "auto" Coverage, 1. Who is an Insured is amended B. Liability Coverage Extensions - Supple - by adding the following: mentary Payments - Higher Limits The following are ''insureds'': 1. Any subsidiary which is a legally incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However, the insurance afforded by this provision does not apply to any subsidi- ary that is an "insured" under any other automobile liability policy, or would be an ''insured" under such policy but for termi- nation of such policy or the exhaustion of such policy's limits of insurance. 2. Any organization that is newly acquired or formed by you and over which you maintain majority ownership. The insurance provided by this provision: a. Is effective on the date of acquisition or formation, and is afforded for 180 days after such date; b. Does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization; c. Does not apply to any newly ac- quired or formed organization that is a joint venture or partnership; and d. Does not apply to an insured under any other automobile liability policy, or would be an insured under such a policy but for the termination of such policy or the exhaustion of such pol- icy's limits of insurance. 3. Any of your "employees" while using a covered "auto" in your business or your SECTION II - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Sup- plementary Payments is amended by: 1. Replacing the $2,000 Limit of Insurance for bail bonds with $4,000 in (2); and 2. Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4). C. Amended Fellow Employee Exclusion SECTION II - LIABILITY COVERAGE, B. Ex- clusions, 5. Fellow Employee is amended by adding the following: But this exclusion does not apply if the "bodily injury" results from the use of a covered ''auto'' you own or hire. Cover- age is excess over any other collectible insurance. D. Hired Auto - Physical Damage If hired "autos" are covered "autos" for Liabil- ity Coverage, then Comprehensive and Colli- sion Physical Damage Coverages as pro- vided under SECTION III - PHYSICAL DAM- AGE COVERAGE of this Coverage Part are extended to ''autos" you hire of the private passenger type or light truck (10,000 pounds or less gross vehicle weight) type, subject to the following: 1. The most we will pay for "loss" to any hired "auto" is $35,000 or the actual cash value or cost to repair or replace, which- ever is the least, minus a deductible. 2. The deductible will be equal to the largest deductible applicable to any owned "auto" of the private passenger type or light truck type for that coverage, or $1,000, whichever is less. Includes copyrighted material of ISO AA 265 04 09 Properties, Inc., with its permission. Page 1 of 3 Policy Number: EBA0320147 3. Hired Auto - Physical Damage coverage is excess over any other collectible insur- ance. 4. Subject to the above limit, deductible, and excess provisions we will provide cover- age equal to the broadest coverage ap- plicable to any covered "auto" you own of the private passenger type or light truck type insured under this policy. Coverage includes loss of use of that hired auto, provided it results from an "accident'' for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident" is $1,000. If a limit for Hired Auto - Physical Damage is shown in the Schedule, then that limit re- places, and is not added to, the $35,000 limit indicated above. E. Rental Reimbursement SECTION III - PHYSICAL DAMAGE is amended by adding the following: 1. We will pay for rental reimbursement ex- penses incurred by you for the rental of a private passenger type "auto" because of a "loss" to a covered private passenger type "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered private passenger type "auto". No de- ductible applies to this coverage. 2. We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss'' and ending, re- gardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably re- quired to repair the covered private passenger type "auto". If "loss'' is caused by theft, this number of days is added to the number of days it takes to locate the covered private passenger type "auto'' and return it to you; or b. 30 days. 3. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses in- curred; or b. $40 per day. 4. This coverage does not apply while there are spare or reserve private passenger type "autos" available to you for your op- erations. 5. We will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for under SECTION III - PHYSICAL DAM- AGE COVERAGE, A. Coverage, 4. Cov- erage Extensions. F. Transportation Expense - Higher Limits SECTION III - PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by replacing $20 per day with $50 per day, and $600 maximum with $1,500 maximum in Extension a. Transportation Expenses. G. Airbag Coverage SECTION III - PHYSICAL DAMAGE COVER- AGE, B. Exclusions, 3.a. is amended by adding the following: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. H. Loan or Lease Gap Coverage SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is deleted in its entirety and replaced by the following, but only for private passenger type "autos" with an original loan or lease, and only in the event of a "total loss" to such a private passenger type "auto": a. The most we will pay for "loss'' In any one "accident'' is the greater of: (1) The amount due under the terms of the lease or loan to which your covered private pas- senger type "auto" is subject, but will not include: (a) Overdue lease or loan payments; (b) Financial penalties imposed under the lease due to high mileage, excessive use or abnormal wear and tear; (c) Security deposits not re- funded by the lessor; (d) Costs for extended warran- ties, Credit Life Insurance, Health, Accident or Disabil- ity Insurance purchased with the loan or lease: and Includes copyrighted material of ISO AA 265 04 09 Properties, Inc., with its permission. Page 2 of 3 Policy Number: EBA0320147 (e) Carry-over balances from previous loans or leases, or (2) Actual cash value of the stolen or damaged property. b. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of "loss". 2. SECTION V - DEFINITIONS is amended by adding the following, but only for the purposes of this Loan or Lease Gap Coverage: ''Total loss" means a "loss" in which the cost of repairs plus the salvage value ex- ceeds the actual cash value. I. Glass Repair - Waiver of Deductible SECTION III - PHYSICAL DAMAGE COVER- AGE, D. Deductible is amended by adding the following: No deductible applies to glass damage if the glass Is repaired in a manner acceptable to us rather than replaced. J. Duties in the Event of an Accident, Claim, Suit or Loss - Amended SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss, a. is amended by adding the following: This condition applies only when the "acci- dent" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer or insurance man- ager, if you are a corporation; or 4. A member or manager, if you are a lim- ited liability company. K. Unintentional Failure to Disclose Hazards SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions Is amended by adding the following: If you unintentionally fail to disclose any haz- ards existing on the effective date of this Cov- erage Form, we will not deny coverage under this Coverage Form because of such failure. L. Mental Anguish Resulting from Bodily In- jury SECTION V - DEFINITIONS, C. "Bodily in- jury" is deleted in its entirety and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish and death sustained by the same person that results from such bodily in- jury, sickness or disease. ''Bodily injury" does not include mental anguish or death that does not result from bodily injury, sickness or dis- ease. Includes copyrighted material of ISO AA 265 04 09 Properties, Inc., with its permission. Page 3 of 3 Policy Number: EPP0320147 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement- Table of Contents: Coveraae: Begins on Paae: 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' Operations 10. Broadened Contractual Liability - Work Within 50' of Railroad Property ......................................... 14 11. Property Damage to Borrowed Equipment....................................................................................... 14 12. 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: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 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: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 1 of 15 Policy Number: EPP0320147 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS (a) Area (b) Payroll (c) Gross Sales (d) Units (e) Other b. Care, Custody or Control 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 RATE ADVANCE PREMIUM (For Limits in Excess of (For Limits in Excess of $5,000) $5,000) TOTAL ANNUAL PREMIUM C. Coverages: have used up the ap- Employee Benefit Liability Coverage plicable1. anein limit y in t of ance in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay - obligated to pay as dam- ments. ages caused by any act, er- the in- (b) This insurance applies to ror or omission of sured, or of any other per- damages only if the act, er- for whose acts the in- ror or omission, is negli- gently gently committed in the sured is legally liable, to which this insurance ap- "administration" of your "employee plies. We will have the right benefit pro - and duty to defend the in- gram"; and sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period; or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, investigate any a) You did not have report of an act, error or knowledge of a omission and settle any claim or "suit" on claim or "suit" that may re- or before the ef- sult. But: fective date of this endorsement. 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE; and claim or "suit" when any 2) Our right and duty to "authorized repre- defend ends when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 2 of 15 Policy Number: EPP0320147 i) Reports all, or formance of investment any part, of the vehicles; or act, error or omission to us 3) Advice given to any or any other person with respect to insurer; that person's decision to participate or not to ii) Receives a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages because of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion; and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance. any workers' compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- rity or disability benefits law This insurance does not apply or any similar law. to: (g) ERISA (a) Bodily Injury, Property Damage or Personal and Damages for which any in - Advertising Injury sured is liable because of liability imposed on a fiduci- "Bodil injury", "property Y 1 Y" p P ty ary by the Employee Re - damage" or "personal and tirement Income Security advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, are available, with reason - including the willful or reck- able effort and cooperation less violation of any statute. of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to meet any obligations under (j) Employment -Related any plan included in the Practices employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em- to Participation ployment; Any claim based upon: (3) Coercion, demotion, 1) Failure of an invest- evaluation, reassign- ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 3 of 15 Policy Number: EPP0320147 ment-related practices, (e) A trust, you are an insured. acts or omissions; or Your trustees are also in- sureds, but only with re- (4) Consequential liability spect to their duties as as a result of (1), (2) or trustees. (3) above. (2) Each of the following is also an This exclusion applies insured: whether the insured may be held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must pay damages because of (b) Any persons, organizations the injury. or "employees" having proper temporary authori- (3) Supplementary Payments zation to administer your "employee benefit program" SECTION I - COVERAGES, if you die, but only until your SUPPLEMENTARY PAY- legal representative is ap- MENTS - COVERAGES A AND pointed. B also apply to this Coverage. (c) Your legal representative if b. Who is an Insured you die, but only with re - As respects Employee Benefit Liabil- spect to duties as such. ity Coverage, SECTION II - WHO IS That representative will AN INSURED is deleted in its en- have all your rights and du- tirety and replaced by the following: ties under this Coverage Part. (1) If you are designated in the Declarations as: (3) Any organization you newly ac- quire or form, other than a part - (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the which you maintain ownership conduct of a business of or majority interest, will qualify which you are the sole as a Named Insured if no other owner. similar insurance applies to that organization. However, cover- (b) A partnership or joint ven- age under this provision: ture, you are an insured. Your members, your part- (a) Is afforded only until the ners, and their spouses are 180th day after you acquire also insureds but only with or form the organization or respect to the conduct of the end of the policy period, your business. whichever is earlier; and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission that was members are also insureds, committed before you ac- but only with respect to the quired or formed the or - conduct of your business. ganization. Your managers are in- sureds, but only with re- spect to their duties as your As respects Employee Benefit Liabil- managers. ity Coverage, SECTION III - LIMITS (d) An organization other than OF INSURANCE is deleted in its en - a partnership, joint venture tirety and replaced by the following: or limited liability company, (1) The Limits of Insurance shown you are an insured. Your in Section B. Limits of Insur- "executive officers" and di- ance, 1. Employee Benefit Li - rectors are insureds, but ability Coverage and the rules only with respect to their below fix the most we will pay duties as your officers or di- regardless of the number of: rectors. Your stockholders are also insureds, but only (a) Insureds; with respect to their liability as stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 4 of 15 Policy Number: EPP0320147 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations applies to all damages c Persons or organizations () g sustained by any one "em- making claims or bringing ployee", including such "suits"; "employee's" dependents (d) Acts, errors or omissions; or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability 1) Our right and duty to Coverage of this endorsement defend the insured is the most we will pay for all against any "suits" damages because of acts, er- seeking those dam - rors or omissions negligently "administra- ages; and committed in the tion" of your "employee benefit 2) Your duties, and the program'. duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission, or claim, of Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or "suit" and, upon notification of the action (a) An act, error or omission; or taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as less of the amount of time we have paid. that lapses between such d. Additional Conditions acts, errors or omissions, As respects Employee Benefit Li- negligentlycommitted in the ability Coverage, SECTION IV - ll "administration" of your "em- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: in any plan included in the "em- ployee benefit program". 2. Duties in the Event of an Act, Error or Omission, or Claim or Suit (4) Deductible Amount a. You must see to it that we are noti- a Our obligation to a dam- () 9 pay fied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no - amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam - this deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15 Policy Number: EPP0320147 b. If a claim is made or "suit" is brought b. Method of Sharing against any insured, you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received; and we will follow this method also. Under (2) Notify us as soon as practicable. this approach each in - You must see to it that we receive surer contributes equal written notice of the claim or "suit" as amounts until it has soon as practicable. paid its applicable limit of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first. (1) Immediately send us copies of If any of the other in - any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or "suit"; contribute by limits. Under this method, (2) Authorize us to obtain records each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi- applicable limit of in- gation or settlement of the claim surance to the total ap- or defense against the "suit"; plicable limits of insur- and ance of all insurers. (4) Assist us, upon our request, in c. No Coverage the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un- or omission to which this insur- der any other insur- ance may also apply. ance in force previous d. No insured will, except at that in- to the effective date of this Coverage Part. sured's own cost, voluntarily make a payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- ability Coverage, SECTION V - (2) Item 5. Other Insurance is de- DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: (1) The following definitions are 5. Other Insurance added: If other valid and collectible 1. "Administration" means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or a. Primary Insurance scope of "employee This insurance is pri- benefit programs"; mary except when c. b. Interpreting the "em- below applies. If this ployee benefit pro - insurance is primary, grams"; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then, we "employee benefit pro - will share with all that grams"; or other insurance by the method described in b. d. Effecting, continuing or below. terminating any "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 6 of 15 Policy Number: EPP0320147 in any benefit included benefits, workers' com- in the "employee bene- pensation and disability fit program". benefits; and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro- a. Handling payroll de- grams; leave of ab- in- ductions; or sence programs, cluding military, mater- b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transpor- coverage of insurance, tation and health club including but not limited subsidies. to unemployment in- (2) The following definitions are surance, social security deleted in their entirety and re - benefits, workers' com- placed by the following: pensation and disability benefits. 21. "Suit" means a civil pro- 2. "Cafeteria plans" means ceeding in which money damages because of an plan authorized by applica- act, error or omission to ble law to allow "employ- which this insurance applies ees" to elect to pay for cer- are alleged. "Suit" includes: tain benefits with pre-tax dollars. a. An arbitration pro- ceeding in which such 3. "Employee benefit pro- damages are claimed grams means a program and to which the in - providing some or all of the sured must submit or following benefits to "em- does submit with our ployees", whether provided consent; through a "cafeteria plan" or otherwise: b. Any other alternative dispute resolution pro - a. Group life insurance; ceeding in which such group accident or damages are claimed health insurance; den- and to which the in- tal, vision and hearing sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and 8. "Employee" means a per - such benefits are made son actively employed, for - generally available to merly employed, on leave those "employees" who of absence or disabled, or satisfy the plan's eligi- retired. "Employee" in- bility requirements; cludes a "leased worker". "Employee" does not in- b. Profit sharing plans, clude a "temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV - COMMERCIAL GENERAL subscription plans, LIABILITY CONDITIONS, 7. Represen- provided that no one "em- tations is hereby amended by the addi- other than an tion of the following: ployee" may subscribe to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such failure. ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 7 of 15 Policy Number: EPP0320147 3. Damage to Premises Rented to You e) Settling, cracking, a. The last Subparagraph of Paragraph g p shrinking or ex- pansion; or 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or Exclusions c. through q. do not apply secretions, by in - sects, birds, ro- to damage by fire, explosion, light- dents or other ning, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. rectly by any of the follow- b. The insurance provided under SEC- ing: TION I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move - to "property damage" arising out of ment; water damage to premises that are both rented to and occupied by you. 2) Water that backs u P or overflows from a (1) As respects Water Damage Le- sewer, drain or sump; gal Liability, as provided in Paragraph 3.b. above: 3) Water under the ground surface press - The exclusions under SECTION ing on, or flowing or - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, ITY, 2. Exclusions, other than i. walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not; or to: c) Doors, windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract; or from water that leaks or flows from plumbing, heat- 2) Loss caused by or re- ing, air conditioning, or fire sulting from any of the protection systems caused following: by or resulting from freez- ing, unless: a) Wear and tear; b) Rust, corrosion, 1) You did your best to maintain heat in the fungus, decay, g y, building or structure; or deterioration, hid- den or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main - age or destroy it- tained. self; (d) Loss to or damage to: c) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro - breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances; or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 8 of 15 Policy Number: EPP0320147 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 to You Limit as shown in the Declara- tions is amended as follows: (2) Paragraph 6. of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages 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 ap- plies. (3) The amount we will pay is lim- ited as described in Section B. Limits of Insurance, 3. Dam- age to Premises Rented to You of this endorsement. 4. Supplementary Payments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- dorsement per day because of time off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage a. Voluntary Property Damage Cov- erage We will pay for "property damage" to property of others arising out of op- erations incidental to the insured's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in the in- sured's possession. With your consent, we will make these payments regardless of fault. b. Care, Custody or Control Liability Coverage SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j. Damage to Property, Subparagraphs (3), (4) and (5) do not apply to "property damage" to the property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a. The Limits of Insurance shown in the Declarations are replaced by the lim- its designated in Section B. Limits of Insurance, 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- age and Care, Custody or Control Liability Coverage of this endorse- ment fix the most we will pay in any one "occurrence" regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations mak- ing claims or bringing "suits". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 9 of 15 Policy Number: EPP0320147 b. Deductible Clause 9. Automatic Additional Insured - Speci- fied Relationships (1) Our obligation to pay damages on your behalf applies only to a. The following is hereby added to the amount of damages for each SECTION II - WHO IS AN INSURED: "occurrence" which are in ex- cess of the deductible amount (1) Any person or organization de - stated in Section B. Limits of scribed in Paragraph 9.a.(2) Insurance, 6. Voluntary Prop- below (hereinafter referred to as erty Damage and Care, Cus- additional insured) whom you tody or Control Liability Cov- are required to add as an addi- erage of this endorsement. The tional insured under this Cover - limits of insurance will not be re- age Part by reason of: duced by the application of such (a) A written contract or deductible amount. agreement; or (2) Condition 2. Duties in the Event (b) An oral agreement or con - of Occurrence, Offense, Claim tract where a certificate of or Suit, applies to each claim or "suit" insurance showing that per - irrespective of the amount. son or organization as an (3) We may pay any part or all of additional insured has been the deductible amount to effect issued, settlement of any claim or "suit" is an insured, provided: and, upon notification of the ac- tion taken, you shall promptly (a) The written or oral contract reimburse us for such part of the or agreement is: deductible amount as has been paid by us. 1) Currently in effect or becomes effective 7. 180 Day Coverage for Newly Formed or during the policy pe- Acquired Organizations riod; and SECTION II - WHO IS AN INSURED is 2) Executed prior to an amended as follows: "occurrence" or offense Subparagraph a. of Paragraph 4. is to which this insurance would apply; and hereby deleted and replaced by the fol- lowing: (b) They are not specifically a. Insurance under this provision is af- named as an additional in - sured under any other pro - forded only until the 180th day after vision of, or endorsement you acquire or form the organization added to, this Coverage or the end of the policy period, Part. whichever is earlier; 8. Waiver of Subrogation (2) Only the following persons or organizations are additional in - SECTION IV - COMMERCIAL GENERAL sureds under this endorsement, LIABILITY CONDITIONS, 9. Transfer of and insurance coverage pro - Rights of Recovery Against Others to vided to such additional in - Us is hereby amended by the addition of sureds is limited as provided the following: herein: We waive any right of recovery we may (a) The manager or lessor of a have because of payments we make for premises leased to you with injury or damage arising out of your on- whom you have agreed per going operations or "your work" done un- Paragraph 9.a.(1) above to der a written contract requiring such provide insurance, but only waiver with that person or organization with respect to liability aris- and included in the "products -completed ing out of the ownership, operations hazard". However, our rights maintenance or use of that may only be waived prior to the "occur- part of a premises leased to rence" giving rise to the injury or damage you, subject to the following for which we make payment under this additional exclusions: Coverage Part. The insured must do This insurance does not nothing after a loss to impair our rights. apply to: At our request, the insured will bring "suit" or transfer those rights to us and help us 1) Any "occurrence" enforce those rights. which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15 Policy Number: EPP0320147 you cease to be a ten- c) Any physical or ant in that premises. chemical change in the product 2) Structural alterations, made intentionally new construction or by the vendor; demolition operations performed by or on be- d) Repackaging, un- half of such additional less unpacked insured. solely for the pur- pose of inspection, (b) Any person or organization demonstration, from which you lease Y testing, or the equipment with whom you substitution of have agreed per Paragraph parts under in- 9.a.(1) above to provide in- structions from the surance. Such person(s) or manufacturer, and organization(s) are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organizations(s). spections, adjust - However, this insurance ments, tests or does not apply to any "oc- servicing as the currence" which takes place vendor has after the equipment lease agreed to make or expires. normally under- takes to make in (c) Any person or organization the usual course (referred to below as ven- of business, in dor) with whom you have connection with agreed per Paragraph the distribution or 9.a.(1) above to provide in- sale of the prod- surance, but only with re- ucts; spect to "bodily injury" or "property damage" arising f) Demonstration, in - out of "your products" which stallation, servic- are distributed or sold in the ing or repair op - regular course of the ven- erations, except dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises in connection with 1) The insurance afforded the sale of the the vendor does not product; apply to: g) Products which, a "Bodily injury" or Y 1 Y after distribution or "property damage" sale by you, have for which the ven- been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient sumption of liabil- of any other thing ity in a contract or or substance by or agreement. This for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in - vendor would sured person or or - have in the ab- ganization: sence of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 11 of 15 Policy Number: EPP0320147 GA 233 02 07 companying or 2) This insurance does containing such not apply to "bodily in - products; or jury", "property dam- age" or "personal and b) When liability in- advertising injury" aris- cluded within the11 ing out of operations products- performed for the state completed opera- or political subdivision. tions hazard" has been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products. but only with respect to li- ability arising out of "your d An state or political subdi- () Y p work" performed for that vision with which you have additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as an surance, subject to the fol- insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex - issued a permit in connec- piration date of this Cover- tion with premises you own, age Part. If there is no rent or control and to which written contract or agree - this insurance applies: ment, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, manholes, marquees, (3) Any insurance provided to an hoist away openings, additional insured designated sidewalk vaults, street under Paragraph 9.a.(2): banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sures; or injury" or "property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- ucts-completed operations vators; or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), or use any (e) and (f) does not apply to "bodily "property elevators covered elevatby injury", "personal this insurance. damage" or and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per - you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has issued a permit. 1) Defects in design fur- nished by or on behalf Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 15 Policy Number: EPP0320147 of the additional in- spects any other insurance sured; or policy issued to the addi- tional insured, and such 2) The rendering of, or other insurance policy shall failure to render, any be excess and / or noncon- professional architec- tributing, whichever applies, tural, engineering or with this insurance. surveying services, in- cluding: (b) Any insurance provided by this endorsement shall be a) The preparing, primary to other insurance approving or fail, pP g available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or ERAL LIABILITY ders or drawings CONDITIONS, 5. Other and specifications; Insurance, b. Excess and Insurance; or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- neering activities. tional insured as an additional insured by 3) "Your work" for which a attachment of an en - consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess prim econtractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorse - in which you are in- ment shall also be ex- volved. cess. b. Only with regard to insurance pro- (2) Condition 11. Conformance to vided to an additional insured desig- Specific Written Contract or nated under Paragraph 9.a.(2) Sub- Agreement is hereby added: paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract or Agreement The limits applicable to the additional insured are those specified in the With respect to additional written contract or agreement or in insureds described in Para - the Declarations of this Coverage graph 9.a.(2)(f) above only: Part, whichever are less. If no limits are specified in the written contract If a written contract or or agreement, or if there is no written agreement between you contract or agreement, the limits ap- and the additional insured plicable to the additional insured are specifies that coverage for those specified in the Declarations of the additional insured: this Coverage Part. The limits of in- a. Be provided by the In- surance are inclusive of and not in surance Services Of - addition to the limits of insurance fice additional insured shown in the Declarations. form number CG 20 10 c. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified); or hereby amended as follows: b. Include coverage for (1) Condition 5. Other Insurance is completed operations; amended to include: or (a) Where required by a written c. Include coverage for contract or agreement, this "your work"; insurance is primary and / and where the limits or cov- or noncontributory as re- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 13 of 15 Policy Number: EPP0320147 tional insured is more re- strictive than was specifi- cally 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 endorse- ment 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) of this endorsement shall not apply and Paragraph 9.b. of this endorsement shall ap- ply. 10. Broadened Contractual Liability - Work Within 50' of Railroad Property It is hereby agreed that Paragraph f.(1) of Definition 12. "Insured contract' (SEC- TION V - DEFINITIONS) is deleted. 11. Property Damage to Borrowed Equip- ment a. The following is hereby added to Ex- clusion j. Damage to Property of Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b. With respect to the insurance pro- vided by this section of the en- dorsement, the following additional provisions apply: (1) The Limits of insurance shown in the Declarations are replaced by the limits designated in Sec- tion B. Limits of Insurance, 11. of this endorsement with respect to coverage provided by this endorsement. These limits are inclusive of and not in addition to the limits being replaced. The Limits of Insurance shown in Section B. Limits of Insurance, 11. of this endorsement fix the most we will pay in any one "oc- currence" regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bring "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated in Section B. Limits of Insur- ance, 11. of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties in the Event of Occurrence, Of- fense, Claim or Suit, ap- plies to each claim or "suit' irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit' and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 12. Employees as Insureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.(1)(d) of SECTION II - WHO IS AN INSURED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: 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 - COMMER- CIAL GENERAL LIABILITY CONDI- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 14 of 15 Policy Number: EPP0320147 TIONS) is hereby deleted and replaced by the following: a. You must see to it that we are noti- fied as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense. This requirement applies only when the 'occurrence" or offense is known to an "authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 15 of 15 POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 02485 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Brent Baldwin, Brock Baldwin, William D. Baldwin, Michael B. Hill, Brady K. Cox, Blaine Allen, Russ Frenzel, John A. Aboumrad, Cynthia Alford, Lorena Gutierrez, Yamillec Ramos, Veronica Ramos, Neira Hernandez, Kirstin Ortiz, Luis Salinas each, its true and lawful Attomey(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties: Unlimited This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 28th day of September, 2021. UNITED STATES FIRE INSURANCE COMPANY Matthew E. Lubin, President State of New Jersey) County of Morris On this 28th day of September, 2021, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. A" Melissa H. D'Alessio (Notary Public) I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on thel OTay of October 2023 a UNITED STATES FIRE INSURANCE COMPANY Michael C. Fay, Senior Vice President ` ' RUM & F R TER' TEXAS COMPLAINT NOTICE IMPORTANT NOTICE To obtain information or make a complaint: You may contact Steven Krumm for information or to make a complaint at: Steven. Krum m(dcfins.com or 215-982-3528 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: PO Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: Cons umerProtection cDtdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent 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. [Type text] September 2016 Bond No. 602-201530-8 0062 19- 1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 62 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we Tegrity Contractors, Inc , known as 8 "Principal" herein and United States Fire Insurance Company , a corporate surety 9 (sureties, if more than one) duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, 11 Rivertree Academy, Inc. , authorized to do business in Texas ("Developer") and the City of Fort 12 Worth, a Texas municipal corporation ("City"), in the sum Three Hundred Forty -Three Thousand Four Hundred Sixty -Eight and 55/100 13 of A Dollars ($ 343,468.55 }, 14 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment 15 of which sum well and truly be made jointly unto the Developer and the City as dual obligees and 16 their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, 17 jointly and severally, firmly by these presents. 18 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 21 Agreement, CFA Number 104681 ;and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the 10th day of _ October . 2023 , which Contract is 24 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 25 materials, equipment labor and other accessories as defined by law, in the prosecution of the 26 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 27 the "Work") as provided for in said Contract and designated as Rivertree Academy; and 28 29 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 30 accordance with the plans, specifications and Contract Documents that the Work is and will 31 remain free from defects in materials or workmanship for and during the period of two (2) years 32 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 33 CITY OF FORT WORTH Rivertree Academy STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 104681 Revised January 31, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 0% 23 006219-2 MAINTENANCE BOND Page 2 of 3 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Rivertree Academy 104681 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 006219-3 MAINTENANCE BOND Page 3 of3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 25th . 20 23 . ATTEST: - (Principal) Secretary rtness as to i�incipa ATTEST: (Surety) Secretary . Witness as to Surety Kim Alia day of October PRINCIPAL: Tearitv Contractors. Inc BY: )ignature ' `C koJALWC Name and Title ```,II►Illf///// o low Q SATE •� n Ar �• L P 94. i y Address: 202 N Allen Dr. 5? F ////11/f1111I1A````` Allen. TX 75013 SURETY: United States Fire Insurance Comoanv BY: Sig re Yamillec os. Attorney -in -Fact Name and Title Address: 305 Madison Avenue Morristown, NJ 07960 Telephone Number: (973) 490-6600 *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 WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Rivertree Academy 104681 POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 02485 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Brent Baldwin, Brock Baldwin, William D. Baldwin, Michael B. Hill, Brady K. Cox, Blaine Allen, Russ Frenzel, John A. Aboumrad, Cynthia Alford, Lorena Gutierrez, Yamillec Ramos, Veronica Ramos, Neira Hernandez, Kirstin Ortiz, Luis Salinas each, its true and lawful Attomey(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties: Unlimited This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 28th day of September, 2021. UNITED STATES FIRE INSURANCE COMPANY Matthew E. Lubin, President State of New Jersey) County of Morris } On this 28th day of September, 2021, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. MEUSUM.1yNOTARYMCQFAL i S t;OrP's = t Melissa H. D'Alessio (Notary Public) I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. h IN WITNESS WHEREOF, I have hereunto set nay baiAd and affixed the corporate seal of United States Fire Insurance Company on the 25t clay of October 2o23 UNITED STATESFIREINSURANCE COMPANY .+ Michael C. Fay, Senior Vice President CRUM&FORSTER TEXAS COMPLAINT NOTICE IMPORTANT NOTICE To obtain information or make a complaint: You may contact Steven Krumm for information or to make a complaint at: Steven. Krum m6d cfins.com or 215-982-3528 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: PO Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: Cons umerProtectionrtdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent 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. [Type text] September 2016 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 Article 1 — Definitions and Terminology.......... 1.01 Defined Terms ............................... 1.02 Terminology .................................. Article 2 — Preliminary Matters ....................... 2.01 Before Starting Construction...... 2.02 Preconstruction Conference........ 2.03 Public Meeting ............................ Page .............................................1 .............................................1 ............................................. 5 ....................................................... 6 ....................................................... 6 ....................................................... 6 ....................................................... 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 ............................................ 5.19 Delegation of Professional Design Services 5.20 Right to Audit: ............................................. 5.21 Nondiscrimination ........................................ Article 6 - Other Work at the Site....... 6.01 Related Work at Site ....... Article 7 - City's Responsibilities ............................................ 7.01 Inspections, Tests, and Approvals ....................... 7.02 Limitations on City's Responsibilities ................ 7.03 Compliance with Safety Program ........................ Article 8 - City's Observation Status During Construction....... 8.01 City's Project Representative ................................. 8.02 Authorized Variations in Work .............................. 8.03 Rejecting Defective Work ...................................... 8.04 Determinations for Work Performed ...................... Article 9 - Changes in the Work ...................... 9.01 Authorized Changes in the Work 9.02 Notification to Surety ................... Article 10 - Change of Contract Price; Change of Contract Time 10.01 Change of Contract Price ........................................... 10.02 Change of Contract Time ........................................... 10.03 Delays......................................................................... Article 11 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ............ 11.01 Notice of Defects.............................................................................................................. 11.02 Access to Work................................................................................................................. 11.03 Tests and Inspections........................................................................................................ 11.04 Uncovering Work............................................................................................................. 11.05 City May Stop the Work................................................................................................... 11.06 Correction or Removal of Defective Work...................................................................... 11.07 Correction Period.............................................................................................................. 11.08 City May Correct Defective Work................................................................................... Article 12 - Completion ........................................... 12.01 Contractor's Warranty of Title ............ 12.02 Partial Utilization ................................. 12.03 Final Inspection .................................... 12.04 Final Acceptance .................................. Article 13 - Suspension of Work ..................................... 13.01 City May Suspend Work ............................. Article 14 - Miscellaneous ......................................... 14.01 Giving Notice ......................................... CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 24 24 25 25 26 26 26 26 26 27 a a ... 29 ... 29 ... 29 ... 29 ... 30 ... 30 ... 30 ... 30 ... 31 ................................. 32 ................................. 32 ................................. 32 ................................. 32 ................................. 33 ............................................................. 33 ............................................................. 33 34 34 14.02 Computation of Times................................................................................................................ 34 14.03 Cumulative Remedies................................................................................................................. 34 14.04 Survival of Obligations...............................................................................................................35 14.05 Headings......................................................................................................................................35 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 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 1. Supplementary Conditions in. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 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 apart 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. in. and ending at 5: 00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 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 1.02.13 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 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; CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 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 parry 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 1) $1, 000, 000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: a. General Aggregate: b. Each Occurrence: : Enter limits provided by Railroad Company (If none, write 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 - CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 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 0125 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 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 5.05.13. 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: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 ❑ Required for this Contract. (Check this box if there is any City Participation) ❑ Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 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 31 st 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 1 Ith 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 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 4.02.13. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. Developer/Contractor. City will forward all invoices for retests to 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 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: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 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 i£ 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 01 11 00 SUMMARY OF WORK 011100-1 DAP SUMMARY OF WORK Pagel of 3 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 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 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 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects Revised December 20, 2012 Rivertree Academy 104681 011100-2 DAP SUMMARY OF WORK Page 2 of 3 1 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in accordance with railroad requirements set forth in 7 Division 0 as well as the railroad permit. 8 D. Work within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission from the owner of such property. 11 2. Do not store equipment or material on private property unless and until the 12 specified approval of the property owner has been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifically provided otherwise, clear all rights -of -way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part of the project construction operations. 17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 18 lawns, fences, culverts, curbing, and all other types of structures or improvements, 19 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 20 appurtenances thereof, including the construction of temporary fences and to all 21 other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or private 23 lands of interest in lands which might be affected by the Work. 24 a. Such notice shall be made at least 48 hours in advance of the beginning of the 25 Work. 26 b. Notices shall be applicable to both public and private utility companies and any 27 corporation, company, individual, or other, either as owners or occupants, 28 whose land or interest in land might be affected by the Work. 29 c. Be responsible for all damage or injury to property of any character resulting 30 from any act, omission, neglect, or misconduct in the manner or method or 31 execution of the Work, or at any time due to defective work, material, or 32 equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the Project 35 to the original or a better than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the Work is 37 not in progress and when the site is vacated overnight, and/or at all times to 38 provide site security. 39 c. The cost for all fence work within easements, including removal, temporary 40 closures and replacement, shall be subsidiary to the various items bid in the 41 project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects 104681 Revised December 20, 2012 011100-3 DAP SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects 104681 Revised December 20, 2012 012500-1 DAP SUBSTITUTION PROCEDURES Pagel of 4 1 SECTION 0125 00 2 SUBSTITUTION PROCEDURES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for requesting the approval of substitution of a product that is not 7 equivalent to a product which is specified by descriptive or performance criteria or 8 defined by reference to 1 or more of the following: 9 a. Name of manufacturer 10 b. Name of vendor 11 c. Trade name 12 d. Catalog number 13 2. Substitutions are not "or -equals". 14 B. Deviations from this City of Fort Worth Standard Specification 15 1. None. 16 C. Related Specification Sections include, but are not necessarily limited to: 17 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 18 2. Division 1 — General Requirements 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. No 22 separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. Request for Substitution - General 26 1. Within 30 days after award of Contract (unless noted otherwise), the City will 27 consider formal requests from Contractor for substitution of products in place of 28 those specified. 29 2. Certain types of equipment and kinds of material are described in Specifications by 30 means of references to names of manufacturers and vendors, trade names, or catalog 31 numbers. 32 a. When this method of specifying is used, it is not intended to exclude from 33 consideration other products bearing other manufacturer's or vendor's names, 34 trade names, or catalog numbers, provided said products are "or -equals," as 35 determined by City. 36 3. Other types of equipment and kinds of material may be acceptable substitutions 37 under the following conditions: 38 a. Or -equals are unavailable due to strike, discontinued production of products 39 meeting specified requirements, or other factors beyond control of Contractor; 40 or, CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August 30, 2013 012500-2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 1 b. Contractor proposes a cost and/or time reduction incentive to the City. 2 1.5 SUBMITTALS 3 A. See Request for Substitution Form (attached) 4 B. Procedure for Requesting Substitution 5 1. Substitution shall be considered only: 6 a. After award of Contract 7 b. Under the conditions stated herein 8 2. Submit 3 copies of each written request for substitution, including: 9 a. Documentation 10 1) Complete data substantiating compliance of proposed substitution with 11 Contract Documents 12 2) Data relating to changes in construction schedule, when a reduction is 13 proposed 14 3) Data relating to changes in cost 15 b. For products 16 1) Product identification 17 a) Manufacturer's name 18 b) Telephone number and representative contact name 19 c) Specification Section or Drawing reference of originally specified 20 product, including discrete name or tag number assigned to original 21 product in the Contract Documents 22 2) Manufacturer's literature clearly marked to show compliance of proposed 23 product with Contract Documents 24 3) Itemized comparison of original and proposed product addressing product 25 characteristics including, but not necessarily limited to: 26 a) Size 27 b) Composition or materials of construction 28 c) Weight 29 d) Electrical or mechanical requirements 30 4) Product experience 31 a) Location of past projects utilizing product 32 b) Name and telephone number of persons associated with referenced 33 projects knowledgeable concerning proposed product 34 c) Available field data and reports associated with proposed product 35 5) Samples 36 a) Provide at request of City. 37 b) Samples become the property of the City. 38 c. For construction methods: 39 1) Detailed description of proposed method 40 2) Illustration drawings 41 C. Approval or Rejection 42 1. Written approval or rejection of substitution given by the City 43 2. City reserves the right to require proposed product to comply with color and pattern 44 of specified product if necessary to secure design intent. 45 3. In the event the substitution is approved, if a reduction in cost or time results, it will 46 be documented by Change Order. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August 30, 2013 012500-3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 1 4. Substitution will be rejected if- 2 a. Submittal is not through the Contractor with his stamp of approval 3 b. Request is not made in accordance with this Specification Section 4 c. In the Developer's opinion, acceptance will require substantial revision of the 5 original design 6 d. In the City's or Developer's opinion, substitution will not perform adequately 7 the function consistent with the design intent 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 12 A. In making request for substitution or in using an approved product, the Contractor 13 represents that the Contractor: 14 1. Has investigated proposed product, and has determined that it is adequate or 15 superior in all respects to that specified, and that it will perform function for which it 16 is intended 17 2. Will provide same guarantee for substitute item as for product specified 18 3. Will coordinate installation of accepted substitution into Work, to include building 19 modifications if necessary, making such changes as may be required for Work to be 20 complete in all respects 21 4. Waives all claims for additional costs related to substitution which subsequently 22 arise 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2 - PRODUCTS [NOT USED] 27 PART 3 - EXECUTION [NOT USED] 28 29 30 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August 30, 2013 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 012500-4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature as noted Firm Address Date Telephone For Use by City: Approved City Recommended Recommended Not recommended By Date Remarks Date Rejected CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Received late Rivertree Academy 104681 0131 19- 1 DAP PRECONSTRUCTION MEETING Pagel of 3 1 SECTION 01 31 19 2 PRECONSTRUCTION MEETING 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. No construction schedule required unless requested by the City. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 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. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contractor, subcontractors and suppliers attending meetings 22 shall be qualified and authorized to act on behalf of the entity each represents. 23 3. Meeting administered by City may be tape recorded. 24 a. If recorded, tapes will be used to prepare minutes and retained by City for 25 future reference. 26 B. Preconstruction Meeting 27 1. A preconstruction meeting will be held within 14 days after the delivery of the 28 distribution package to the City. 29 a. The meeting will be scheduled and administered by the City. 30 2. The Project Representative will preside at the meeting, prepare the notes of the 31 meeting and distribute copies of same to all participants who so request by fully 32 completing the attendance form to be circulated at the beginning of the meeting. 33 3. Attendance shall include: 34 a. Developer and Consultant 35 b. Contractor's project manager 36 c. Contractor's superintendent 37 d. Any subcontractor or supplier representatives whom the Contractor may desire 38 to invite or the City may request CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 e. Other City representatives f. Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre -Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment J. Questions or Comments CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August 30, 2013 0131 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August 30, 2013 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0132 33 PRECONSTRUCTION VIDEO 01 32 33 - 1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 5 A. Section Includes: 6 1. Administrative and procedural requirements for: 7 a. Preconstruction Videos 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. Though not mandatory, it is highly recommended on infill developer projects. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 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. Preconstruction Video 20 1. Produce a preconstruction video of the site/alignment, including all areas in the 21 vicinity of and to be affected by construction. 22 a. Provide digital copy of video upon request by the City. 23 2. Retain a copy of the preconstruction video until the end of the maintenance surety 24 period. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALSANFORMATIONAL 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 PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August 30, 2013 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August 30, 2013 013300-1 DAP SUBMITTALS Pagel of 8 1 SECTION 0133 00 2 DAP SUBMITTALS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General methods and requirements of submissions applicable to the following 7 Work -related submittals: 8 a. Shop Drawings 9 b. Product Data (including Standard Product List submittals) 10 c. Samples 11 d. Mock Ups 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. Coordination 24 1. Notify the City in writing, at the time of submittal, of any deviations in the 25 submittals from the requirements of the Contract Documents. 26 2. Coordination of Submittal Times 27 a. Prepare, prioritize and transmit each submittal sufficiently in advance of 28 performing the related Work or other applicable activities, or within the time 29 specified in the individual Work Sections, of the Specifications. 30 b. Contractor is responsible such that the installation will not be delayed by 31 processing times including, but not limited to: 32 a) Disapproval and resubmittal (if required) 33 b) Coordination with other submittals 34 c) Testing 35 d) Purchasing 36 e) Fabrication 37 f) Delivery 38 g) Similar sequenced activities 39 c. No extension of time will be authorized because of the Contractor's failure to 40 transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 01 33 00 - 2 DAP SUBMITTALS Page 2 of 8 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) `By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 'h inches x 11 inches to 8 'h inches x 11 inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August 30, 2013 01 33 00 - 3 DAP SUBMITTALS Page 3 of 8 1 2. The Project title and number 2 3. Contractor identification 3 4. The names of- 4 a. Contractor 5 b. Supplier 6 c. Manufacturer 7 5. Identification of the product, with the Specification Section number, page and 8 paragraph(s) 9 6. Field dimensions, clearly identified as such 10 7. Relation to adjacent or critical features of the Work or materials 11 8. Applicable standards, such as ASTM or Federal Specification numbers 12 9. Identification by highlighting of deviations from Contract Documents 13 10. Identification by highlighting of revisions on resubmittals 14 11. An 8-inch x 3-inch blank space for Contractor and City stamps 15 F. Shop Drawings 16 1. As specified in individual Work Sections includes, but is not necessarily limited to: 17 a. Custom -prepared data such as fabrication and erection/installation (working) 18 drawings 19 b. Scheduled information 20 c. Setting diagrams 21 d. Actual shopwork manufacturing instructions 22 e. Custom templates 23 f. Special wiring diagrams 24 g. Coordination drawings 25 h. Individual system or equipment inspection and test reports including: 26 1) Performance curves and certifications 27 i. As applicable to the Work 28 2. Details 29 a. Relation of the various parts to the main members and lines of the structure 30 b. Where correct fabrication of the Work depends upon field measurements 31 1) Provide such measurements and note on the drawings prior to submitting 32 for approval. 33 G. Product Data 34 1. For submittals of product data for products included on the City's Standard Product 35 List, clearly identify each item selected for use on the Project. 36 2. For submittals of product data for products not included on the City's Standard 37 Product List, submittal data may include, but is not necessarily limited to: 38 a. Standard prepared data for manufactured products (sometimes referred to as 39 catalog data) 40 1) Such as the manufacturer's product specification and installation 41 instructions 42 2) Availability of colors and patterns 43 3) Manufacturer's printed statements of compliances and applicability 44 4) Roughing -in diagrams and templates 45 5) Catalog cuts 46 6) Product photographs CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August 30, 2013 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 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 6 spare -parts 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 14 and 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 19 be fabricated or installed prior to the approval or qualified approval of such item. 20 1. Fabrication performed, materials purchased or on -site construction accomplished 21 which does not conform to approved shop drawings and data is at the Contractor's 22 risk. 23 2. The City will not be liable for any expense or delay due to corrections or remedies 24 required to accomplish conformity. 25 3. Complete project Work, materials, fabrication, and installations in conformance 26 with approved shop drawings, applicable samples, and product data. 27 J. Submittal Distribution 28 1. Electronic Distribution 29 a. Confirm development of Project directory for electronic submittals to be 30 uploaded to City's Buzzsaw site, or another external FTP site approved by the 31 City. 32 b. Shop Drawings 33 1) Upload submittal to designated project directory and notify appropriate 34 City representatives via email of submittal posting. 35 2) Hard Copies 36 a) 3 copies for all submittals 37 b) If Contractor requires more than 1 hard copy of Shop Drawings 38 returned, Contractor shall submit more than the number of copies listed 39 above. 40 c. Product Data 41 1) Upload submittal to designated project directory and notify appropriate 42 City representatives via email of submittal posting. 43 2) Hard Copies 44 a) 3 copies for all submittals 45 d. Samples 46 1) Distributed to the Project Representative 47 2. Hard Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 01 33 00 - 5 DAP SUBMITTALS Page 5 of 8 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code I 1) "NO EXCEPTIONS TAKEN' is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non -conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August 30, 2013 01 33 00 - 7 DAP SUBMITTALS Page 7 of 8 1 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include, but are not necessarily 8 limited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 11 1. If specifically required in other Sections of these Specifications, submit a P.E. 12 Certification for each item required. 13 N. Request for Information (RFI) 14 1. Contractor Request for additional information 15 a. Clarification or interpretation of the contract documents 16 b. When the Contractor believes there is a conflict between Contract Documents 17 c. When the Contractor believes there is a conflict between the Drawings and 18 Specifications 19 1) Identify the conflict and request clarification 20 2. Sufficient information shall be attached to permit a written response without further 21 information. 22 23 24 25 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] CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August 30, 2013 013300-8 DAP SUBMITTALS Page 8 of 8 1 PART 2 - PRODUCTS [NOT USED] 2 PART 3 - EXECUTION [NOT USED] 3 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August 30, 2013 0135 13- 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 1 SECTION 0135 13 2 SPECIAL PROJECT PROCEDURES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives, Drop Weight, Etc. 12 £ Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. None. 20 C. Related Specification Sections include, but are not necessarily limited to: 21 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division 1 — General Requirements 23 3. Section 33 12 25 — Connection to Existing Water Mains 24 25 1.2 REFERENCES 26 A. Reference Standards 27 1. Reference standards cited in this Specification refer to the current reference 28 standard published at the time of the latest revision date logged at the end of this 29 Specification, unless a date is specifically cited. 30 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 31 High Voltage Overhead Lines. 32 3. North Central Texas Council of Governments (NCTCOG) — Clean Construction 33 Specification 34 1.3 ADMINISTRATIVE REQUIREMENTS 35 A. Coordination with the Texas Department of Transportation 36 1. When work in the right-of-way which is under the jurisdiction of the Texas 37 Department of Transportation (TxDOT): 38 a. Notify the Texas Department of Transportation prior to commencing any work 39 therein in accordance with the provisions of the permit CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August, 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 013513-2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 b. All work performed in the TxDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Work near High Voltage Lines 1. Regulatory Requirements a. All Work near High Voltage Lines (more than 600 volts measured between conductors or between a conductor and the ground) shall be in accordance with Health and Safety Code, Title 9, Subtitle A, Chapter 752. 2. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 3. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage -type of guard about the boom or arm b. Insulator links on the lift hook connections for back hoes or dippers c. Equipment must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 4. Work within 6 feet of high voltage electric lines a. Notification shall be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de -energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. 2. Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA's Permit Required for Confined Spaces D. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section 0131 13 E. Water Department Coordination 1. During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August, 30, 2013 013513-3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 1 2. Coordinate any event that will require connecting to or the operation of an existing 2 City water line system with the City's representative. 3 a. Coordination shall be in accordance with Section 33 12 25. 4 b. If needed, obtain a hydrant water meter from the Water Department for use 5 during the life of named project. 6 c. In the event that a water valve on an existing live system be turned off and on 7 to accommodate the construction of the project is required, coordinate this 8 activity through the appropriate City representative. 9 1) Do not operate water line valves of existing water system. 10 a) Failure to comply will render the Contractor in violation of Texas Penal 11 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 12 will be prosecuted to the full extent of the law. 13 b) In addition, the Contractor will assume all liabilities and 14 responsibilities as a result of these actions. 15 F. Public Notification Prior to Beginning Construction 16 1. Prior to beginning construction on any block in the project, on a block by block 17 basis, prepare and deliver a notice or flyer of the pending construction to the front 18 door of each residence or business that will be impacted by construction. The notice 19 shall be prepared as follows: 20 a. Post notice or flyer 7 days prior to beginning any construction activity on each 21 block in the project area. 22 1) Prepare flyer on the Contractor's letterhead and include the following 23 information: 24 a) Name of Project 25 b) City Project No (CPN) 26 c) Scope of Project (i.e. type of construction activity) 27 d) Actual construction duration within the block 28 e) Name of the contractor's foreman and phone number 29 f) Name of the City's inspector and phone number 30 g) City's after-hours phone number 31 2) A sample of the `pre -construction notification' flyer is attached as Exhibit 32 A. 33 3) Submit schedule showing the construction start and finish time for each 34 block of the project to the inspector. 35 4) Deliver flyer to the City Inspector for review prior to distribution. 36 b. No construction will be allowed to begin on any block until the flyer is 37 delivered to all residents of the block. 38 G. Public Notification of Temporary Water Service Interruption during Construction 39 1. In the event it becomes necessary to temporarily shut down water service to 40 residents or businesses during construction, prepare and deliver a notice or flyer of 41 the pending interruption to the front door of each affected resident. 42 2. Prepared notice as follows: 43 a. The notification or flyer shall be posted 24 hours prior to the temporary 44 interruption. 45 b. Prepare flyer on the contractor's letterhead and include the following 46 information: 47 1) Name of the project 48 2) City Project Number CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August, 30, 2013 0135 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 1 3) Date of the interruption of service 2 4) Period the interruption will take place 3 5) Name of the contractor's foreman and phone number 4 6) Name of the City's inspector and phone number 5 c. A sample of the temporary water service interruption notification is attached as 6 Exhibit B. 7 d. Deliver a copy of the temporary interruption notification to the City inspector 8 for review prior to being distributed. 9 e. No interruption of water service can occur until the flyer has been delivered to 10 all affected residents and businesses. 11 f. Electronic versions of the sample flyers can be obtained from the Project 12 Construction Inspector. 13 H. Coordination with United States Army Corps of Engineers (USACE) 14 1. At locations in the Project where construction activities occur in areas where 15 USACE permits are required, meet all requirements set forth in each designated 16 permit. 17 I. Coordination within Railroad Permit Areas 18 1. At locations in the project where construction activities occur in areas where 19 railroad permits are required, meet all requirements set forth in each designated 20 railroad permit. This includes, but is not limited to, provisions for: 21 a. Flagmen 22 b. Inspectors 23 c. Safety training 24 d. Additional insurance 25 e. Insurance certificates 26 f. Other employees required to protect the right-of-way and property of the 27 Railroad Company from damage arising out of and/or from the construction of 28 the project. Proper utility clearance procedures shall be used in accordance 29 with the permit guidelines. 30 2. Obtain any supplemental information needed to comply with the railroad's 31 requirements. 32 J. Dust Control 33 1. Use acceptable measures to control dust at the Site. 34 a. If water is used to control dust, capture and properly dispose of waste water. 35 b. If wet saw cutting is performed, capture and properly dispose of slurry. 36 K. Employee Parking 37 1. Provide parking for employees at locations approved by the City. 38 L. {Coordination with North Central Texas Council of Governments (NCTCOG) Clean 39 Construction Specification [if required for the project] 40 1. Comply with equipment, operational, reporting and enforcement requirements set 41 forth in NCTCOG's Clean Construction Specification. } CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August, 30, 2013 013513-5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 1 1.4 SUBMITTALS [NOT USED] 2 1.5 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 3 1.6 CLOSEOUT SUBMITTALS [NOT USED] 4 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.8 QUALITY ASSURANCE [NOT USED] 6 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.10 FIELD [SITE] CONDITIONS [NOT USED] 8 1.11 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE 1.3.13— Added requirement of compliance with Health and Safety Code, Title 9. 8/31/2012 D. Johnson Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August, 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August, 30, 2013 2 4 Date: EXHIBIT B FORT WORTH DOE NO. xxxx Project Name: 013513-7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, ,CONTRACTOR CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised August, 30, 2013 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 SECTION 0145 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 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. CITY OF FORT WORTH Trinity Landing Multifamily STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 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 Removed reference to Buzzsaw and noted that electronic submittals be uploaded 03/20/2020 D.V. Magaiia through the City's document management system. CITY OF FORT WORTH Trinity Landing Multifamily STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Pagel of 4 1 SECTION 0150 00 2 TEMPORARY FACILITIES AND CONTROLS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including, but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1 — General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Temporary Utilities 25 1. Obtaining Temporary Service 26 a. Make arrangements with utility service companies for temporary services. 27 b. Abide by rules and regulations of utility service companies or authorities 28 having jurisdiction. 29 c. Be responsible for utility service costs until Work is approved for Final 30 Acceptance. 31 1) Included are fuel, power, light, heat and other utility services necessary for 32 execution, completion, testing and initial operation of Work. 33 2. Water 34 a. Contractor to provide water required for and in connection with Work to be 35 performed and for specified tests of piping, equipment, devices or other use as 36 required for the completion of the Work. 37 b. Provide and maintain adequate supply of potable water for domestic 38 consumption by Contractor personnel and City's Project Representatives. 39 c. Coordination 40 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised JULY 1, 2011 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 1 d. Contractor Payment for Construction Water 2 1) Obtain construction water meter from City for payment as billed by City's 3 established rates. 4 3. Electricity and Lighting 5 a. Provide and pay for electric powered service as required for Work, including 6 testing of Work. 7 1) Provide power for lighting, operation of equipment, or other use. 8 b. Electric power service includes temporary power service or generator to 9 maintain operations during scheduled shutdown. 10 4. Telephone 11 a. Provide emergency telephone service at Site for use by Contractor personnel 12 and others performing work or furnishing services at Site. 13 5. Temporary Heat and Ventilation 14 a. Provide temporary heat as necessary for protection or completion of Work. 15 b. Provide temporary heat and ventilation to assure safe working conditions. 16 B. Sanitary Facilities 17 1. Provide and maintain sanitary facilities for persons on Site. 18 a. Comply with regulations of State and local departments of health. 19 2. Enforce use of sanitary facilities by construction personnel at job site. 20 a. Enclose and anchor sanitary facilities. 21 b. No discharge will be allowed from these facilities. 22 c. Collect and store sewage and waste so as not to cause nuisance or health 23 problem. 24 d. Haul sewage and waste off -site at no less than weekly intervals and properly 25 dispose in accordance with applicable regulation. 26 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 27 4. Remove facilities at completion of Project 28 C. Storage Sheds and Buildings 29 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 30 above ground level for materials and equipment susceptible to weather damage. 31 2. Storage of materials not susceptible to weather damage may be on blocks off 32 ground. 33 3. Store materials in a neat and orderly manner. 34 a. Place materials and equipment to permit easy access for identification, 35 inspection and inventory. 36 4. Equip building with lockable doors and lighting, and provide electrical service for 37 equipment space heaters and heating or ventilation as necessary to provide storage 38 environments acceptable to specified manufacturers. 39 5. Fill and grade site for temporary structures to provide drainage away from 40 temporary and existing buildings. 41 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 E. Dust Control CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised JULY 1, 2011 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1 1. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 a. Contractor remains on -call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 1. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. 8 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS [NOT USED] 17 PART 3 - EXECUTION [NOT USED] 18 3.1 INSTALLERS [NOT USED] 19 3.2 EXAMINATION [NOT USED] 20 3.3 PREPARATION [NOT USED] 21 3.4 INSTALLATION 22 A. Temporary Facilities 23 1. Maintain all temporary facilities for duration of construction activities as needed. 24 3.5 [REPAIR] / [RESTORATION] 25 3.6 RE -INSTALLATION 26 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 27 3.8 SYSTEM STARTUP [NOT USED] 28 3.9 ADJUSTING [NOT USED] 29 3.10 CLEANING [NOT USED] 30 3.11 CLOSEOUT ACTIVITIES 31 A. Temporary Facilities CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised JULY 1, 2011 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 1. Remove all temporary facilities and restore area after completion of the Work, to a 2 condition equal to or better than prior to start of Work. 3 3.12 PROTECTION [NOT USED] 4 3.13 MAINTENANCE [NOT USED] 5 3.14 ATTACHMENTS [NOT USED] 6 END OF SECTION 7 0 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised JULY 1, 2011 01 55 26 - 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Pagel of 3 1 SECTION 0155 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative procedures for: 7 a. Street Use Permit 8 b. Modification of approved traffic control 9 c. Removal of Street Signs 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 3. Section 34 71 13 — Traffic Control 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 21 A.Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. Contractor shall minimize lane closures and impact to vehicular/pedestrian 30 traffic. 31 b. When traffic control plans are included in the Drawings, provide Traffic 32 Control in accordance with Drawings and Section 34 71 13. 33 c. When traffic control plans are not included in the Drawings, prepare traffic 34 control plans in accordance with Section 34 71 13 and submit to City for 35 review. 36 1) Allow minimum 10 working days for review of proposed Traffic Control. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 104681 Revised March 22, 2021 015526-2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 2) A traffic control "Typical" published by City of Fort Worth, the Texas 2 Manual Unified Traffic Control Devices (TMUTCD) or Texas Department 3 of Transportation (TxDOT) can be used as an alternative to preparing 4 project/site specific traffic control plan if the typical is applicable to the 5 specific project/site. 6 B. Street Use Permit 7 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 8 a. To obtain Street Use Permit, submit Traffic Control Plans to City 9 Transportation and Public Works Department. 10 1) Allow a minimum of 5 working days for permit review. 11 2) It is the Contractor's responsibility to coordinate review of Traffic Control 12 plans for Street Use Permit, such that construction is not delayed. 13 C. Modification to Approved Traffic Control 14 1. Prior to installation traffic control: 15 a. Submit revised traffic control plans to City Department Transportation and 16 Public Works Department. 17 1) Revise Traffic Control plans in accordance with Section 34 71 13. 18 2) Allow minimum 5 working days for review of revised Traffic Control. 19 3) It is the Contractor's responsibility to coordinate review of Traffic Control 20 plans for Street Use Permit, such that construction is not delayed. 21 D. Removal of Street Sign 22 1. If it is determined that a street sign must be removed for construction, then contact 23 City Transportation and Public Works Department, Signs and Markings Division to 24 remove the sign. 25 E. Temporary Signage 26 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 27 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 28 Devices (MUTCD). 29 2. Install temporary sign before the removal of permanent sign. 30 3. When construction is complete, to the extent that the permanent sign can be 31 reinstalled, contact the City Transportation and Public Works Department, Signs 32 and Markings Division, to reinstall the permanent sign. 33 F. Traffic Control Standards 34 1. Traffic Control Standards can be found on the City's website. 35 1.5 SUBMITTALS [NOT USED] 36 A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 104681 Revised March 22, 2021 015526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 1 1.6 ACTION SUBMITTALSANFORMATIONAL 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 11 12 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1.4 A. Added language to emphasize minimizing of lane closures and impact to traffic. 1.4 A. 1. c. Added language to allow for use of published traffic control "Typicals" if 3/22/2021 M Owen applicable to specific project/site. 1.4 F. 1) Removed reference to Buzzsaw 1.5 Added language re: submittal of permit CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 104681 Revised March 22, 2021 0157 13- 1 DAP STORM WATER POLLUTION PREVENTION Pagel of 3 1 SECTION 0157 13 2 STORM WATER POLLUTION PREVENTION 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Procedures for Storm Water Pollution Prevention Plans 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 11 Contract 12 2. Division 1 — General Requirements 13 3. Section 3125 00 — Erosion and Sediment Control 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Construction Activities resulting in less than 1 acre of disturbance 17 a. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. Construction Activities resulting in greater than 1 acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 3125 00. 21 1.3 REFERENCES 22 A. Abbreviations and Acronyms 23 1. Notice of Intent: NOI 24 2. Notice of Termination: NOT 25 3. Storm Water Pollution Prevention Plan: SWPPP 26 4. Texas Commission on Environmental Quality: TCEQ 27 5. Notice of Change: NOC 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification, unless a date is specifically cited. 32 2. Integrated Storm Management (iSWM) Technical Manual for Construction 33 Controls 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. General 36 1. Contractor is responsible for resolution and payment of any fines issued associated 37 with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised July 1, 2011 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 3125 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 40 1.5 SUBMITTALS 41 42 43 44 45 46 47 A. SWPPP 1. Submit in accordance with Section 0133 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised July 1, 2011 0157 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 1 B. Modified SWPPP 2 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 3 in accordance with Section 0133 00. 4 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE [NOT USED] 8 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 9 1.11 FIELD [SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] 11 PART 2 - PRODUCTS [NOT USED] 12 PART 3 - EXECUTION [NOT USED] 13 END OF SECTION 14 15 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised July 1, 2011 SECTION 0160 00 PRODUCT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 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: httDs://apps.fortworthtexas.2ov/ProiectResources/ 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 0133 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] CITY OF FORT WORTH Trinity Landing Multifamily STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 01 60 00 DAP PRODUCT REQUIREMENTS Page 2 of 2 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. Magafia Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City's website. CITY OF FORT WORTH Trinity Landing Multifamily STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Pagel of 4 1 SECTION 0166 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Scheduling of product delivery 7 2. Packaging of products for delivery 8 3. Protection of products against damage from: 9 a. Handling 10 b. Exposure to elements or harsh environments 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 [NOT USED] 22 1.5 SUBMITTALS [NOT USED] 23 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY AND HANDLING 28 A. Delivery Requirements 29 1. Schedule delivery of products or equipment as required to allow timely installation 30 and to avoid prolonged storage. 31 2. Provide appropriate personnel and equipment to receive deliveries. 32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 33 for personnel or equipment to receive the delivery. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 1 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 2 containers designed and constructed to protect the contents from physical or 3 environmental damage. 4 5. Clearly and fully mark and identify as to manufacturer, item and installation 5 location. 6 6. Provide manufacturer's instructions for storage and handling. 7 B. Handling Requirements 8 1. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 C. Storage Requirements 11 1. Store materials in accordance with manufacturer's recommendations and 12 requirements of these Specifications. 13 2. Make necessary provisions for safe storage of materials and equipment. 14 a. Place loose soil materials and materials to be incorporated into Work to prevent 15 damage to any part of Work or existing facilities and to maintain free access at 16 all times to all parts of Work and to utility service company installations in 17 vicinity of Work. 18 3. Keep materials and equipment neatly and compactly stored in locations that will 19 cause minimum inconvenience to other contractors, public travel, adjoining owners, 20 tenants and occupants. 21 a. Arrange storage to provide easy access for inspection. 22 4. Restrict storage to areas available on construction site for storage of material and 23 equipment as shown on Drawings, or approved by City's Project Representative. 24 5. Provide off -site storage and protection when on -site storage is not adequate. 25 a. Provide addresses of and access to off -site storage locations for inspection by 26 City's Project Representative. 27 6. Do not use lawns, grass plots or other private property for storage purposes without 28 written permission of owner or other person in possession or control of premises. 29 7. Store in manufacturers' unopened containers. 30 8. Neatly, safely and compactly stack materials delivered and stored along line of 31 Work to avoid inconvenience and damage to property owners and general public 32 and maintain at least 3 feet from fire hydrant. 33 9. Keep public and private driveways and street crossings open. 34 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 35 satisfaction of City's Project Representative. 36 a. Total length which materials may be distributed along route of construction at 37 one time is 1,000 linear feet, unless otherwise approved in writing by City's 38 Project Representative. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 ERECTION [NOT USED] 9 3.5 REPAIR / RESTORATION [NOT USED] 10 3.6 RE -INSTALLATION [NOT USED] 11 3.7 FIELD [OR] SITE QUALITY CONTROL 12 A. Tests and Inspections 13 1. Inspect all products or equipment delivered to the site prior to unloading. 14 B. Non -Conforming Work 15 1. Reject all products or equipment that are damaged, used or in any other way 16 unsatisfactory for use on the project. 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION 22 A. Protect all products or equipment in accordance with manufacturer's written directions. 23 B. Store products or equipment in location to avoid physical damage to items while in 24 storage. 25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 26 the manufacturer. 27 3.13 MAINTENANCE [NOT USED] 28 3.14 ATTACHMENTS [NOT USED] 29 END OF SECTION 30 CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 01 70 00 - 1 DAP MOBILIZATION AND REMOBILIZATION Pagel of 4 1 SECTION 0170 00 2 MOBILIZATION AND REMOBILIZATION 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 1 1) Mobilization shall consist of the activities and cost on a Work Order basis 2 necessary for: 3 a) Transportation of Contractor's personnel, equipment, and operating 4 supplies to the Site for the issued Work Order. 5 b) Establishment of necessary general facilities for the Contractor's 6 operation at the Site for the issued Work Order 7 2) Demobilization shall consist of the activities and cost necessary for: 8 a) Transportation of Contractor's personnel, equipment, and operating 9 supplies from the Site including disassembly for each issued Work 10 Order 11 b) Site Clean-up for each issued Work Order 12 c) Removal of all buildings or other facilities assembled at the Site for 13 each Work Oder 14 b. Mobilization and Demobilization do not include activities for specific items of 15 work for which payment is provided elsewhere in the contract. 16 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects 17 a. A Mobilization for Miscellaneous Projects when directed by the City and the 18 mobilization occurs within 24 hours of the issuance of the Work Order. 19 B. Deviations from this City of Fort Worth Standard Specification 20 1. None. 21 C. Related Specification Sections include, but are not necessarily limited to: 22 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 23 2. Division 1 — General Requirements 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 1. Mobilization and Demobilization 27 a. Measure 28 1) This Item is considered subsidiary to the various Items bid. 29 b. Payment 30 1) The work performed and materials furnished in accordance with this Item 31 are subsidiary to the various Items bid and no other compensation will be 32 allowed. 33 2. Remobilization for suspension of Work as specifically required in the Contract 34 Documents 35 a. Measurement 36 1) Measurement for this Item shall be per each remobilization performed. 37 b. Payment 38 1) The work performed and materials furnished in accordance with this Item 39 and measured as provided under "Measurement" will be paid for at the unit 40 price per each "Specified Remobilization" in accordance with Contract 41 Documents. 42 c. The price shall include: 43 1) Demobilization as described in Section 1.1.A.2.a.1) 44 2) Remobilization as described in Section 1.1.A.2.a.2) 45 d. No payments will be made for standby, idle time, or lost profits associated this 46 Item. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 1 3. Remobilization for suspension of Work as required by City 2 a. Measurement and Payment 3 1) This shall be submitted as a Contract Claim in accordance with Article 10 4 of Section 00 72 00. 5 2) No payments will be made for standby, idle time, or lost profits associated 6 with this Item. 7 4. Mobilizations and Demobilizations for Miscellaneous Projects 8 a. Measurement 9 1) Measurement for this Item shall be for each Mobilization and 10 Demobilization required by the Contract Documents 11 b. Payment 12 1) The Work performed and materials furnished in accordance with this Item 13 and measured as provided under "Measurement" will be paid for at the unit 14 price per each "Work Order Mobilization" in accordance with Contract 15 Documents. Demobilization shall be considered subsidiary to mobilization 16 and shall not be paid for separately. 17 c. The price shall include: 18 1) Mobilization as described in Section l.l.A.3.a.1) 19 2) Demobilization as described in Section 1.1.A.3.a.2) 20 d. No payments will be made for standby, idle time, or lost profits associated this 21 Item. 22 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 23 a. Measurement 24 1) Measurement for this Item shall be for each Mobilization and 25 Demobilization required by the Contract Documents 26 b. Payment 27 1) The Work performed and materials furnished in accordance with this Item 28 and measured as provided under "Measurement" will be paid for at the unit 29 price per each "Work Order Emergency Mobilization" in accordance with 30 Contract Documents. Demobilization shall be considered subsidiary to 31 mobilization and shall not be paid for separately. 32 c. The price shall include 33 1) Mobilization as described in Section 1.1.A.4.a) 34 2) Demobilization as described in Section l.l.A.3.a.2) 35 d. No payments will be made for standby, idle time, or lost profits associated this 36 Item. 37 1.3 REFERENCES [NOT USED] 38 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 39 1.5 SUBMITTALS [NOT USED] 40 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 41 1.7 CLOSEOUT SUBMITTALS [NOT USED] 42 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 43 1.9 QUALITY ASSURANCE [NOT USED] 44 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 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 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 7 CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 017123-1 CONSTRUCTION STAKING AND SURVEY Page 1 of 7 1 SECTION 01 71 23 2 CONSTRUCTION STAKING AND SURVEY 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Requirements for construction staking and construction survey 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. See Changes (Highlighted in Yellow). 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. Construction Staking 15 a. Measurement 16 1) This Item is considered subsidiary to the various Items bid. 17 b. Payment 18 1) The work performed and the materials furnished in accordance with this 19 Item are subsidiary to the various Items bid and no other compensation will 20 be allowed. 21 2. Construction Survey 22 a. Measurement 23 1) This Item is considered subsidiary to the various Items bid. 24 b. Payment 25 1) The work performed and the materials furnished in accordance with this 26 Item are subsidiary to the various Items bid and no other compensation will be 27 allowed. 28 3. As -Built Survey 29 a. Measurement 30 1) This Item is considered subsidiary to the various Items bid. 31 b. Payment 32 1) The work performed and the materials furnished in accordance with this 33 Item are subsidiary to the various Items bid and no other compensation will be 34 allowed. 35 1.3 REFERENCES 36 A. Definitions 37 1. Construction Survev - The survey measurements made prior to or while 38 construction is in progress to control elevation, horizontal position, dimensions and 39 configuration of structures/improvements included in the Project Drawings. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised February 14, 2018 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 017123-2 CONSTRUCTION STAKING AND SURVEY Page 2 of 7 2. As -built Survev —The measurements made after the construction of the improvement features are complete to provide position coordinates for the features of a project. 3. Construction Staking — The placement of stakes and markings to provide offsets and elevations to cut and fill in order to locate on the ground the designed structures/improvements included in the Project Drawings. Construction staking shall include staking easements and/or right of way if indicated on the plans. 4. Survev "Field Checks" — Measurements made after construction staking is completed and before construction work begins to ensure that structures marked on the ground are accurately located per Project Drawings. B. Technical References 1. City of Fort Worth — Construction Staking Standards (available on City's Buzzsaw website) — 01 71 23.16.01— Attachment A Survey Staking Standards 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available on City's Buzzsaw website). 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land Surveying in the State of Texas, Category 5 20 1.4 ADMINISTRATIVE REQUIREMENTS 21 A. The Contractor's selection of a surveyor must comply with Texas Government 22 Code 2254 (qualifications based selection) for this project. 23 1.5 SUBMITTALS 24 A. Submittals, if required, shall be in accordance with Section 0133 00. 25 B. All submittals shall be received and reviewed by the City prior to delivery of work. 26 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS 27 A. Field Quality Control Submittals 28 1. Documentation verifying accuracy of field engineering work, including coordinate 29 conversions if plans do not indicate grid or ground coordinates. 30 2. Submit "Cut -Sheets" conforming to the standard template provided by the City 31 (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards). 32 1.7 CLOSEOUT SUBMITTALS 33 B. As -built Redline Drawing Submittal 34 1. Submit As -Built Survey Redline Drawings documenting the locations/elevations of 35 constructed improvements signed and sealed by Registered Professional Land 36 Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 — Attachment A 37 — Survey Staking Standards) . 38 2. Contractor shall submit the proposed as -built and completed redline drawing 39 submittal one (1) week prior to scheduling the project final inspection for City 40 review and comment. Revisions, if necessary, shall be made to the as -built redline 41 drawings and resubmitted to the City prior to scheduling the construction final 42 inspection. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised February 14, 2018 017123-3 CONSTRUCTION STAKING AND SURVEY Page 3 of 7 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 2 1.9 QUALITY ASSURANCE 3 A. Construction Staking 4 1. Construction staking will be performed by the Contractor. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2. Coordination a. Contact City and Developer's Project Representative at least one week in advance notifying the City of when Construction Staking is scheduled. b. It is the Contractor's responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stakes. If Developer's Project Representative is required to re -stake for any reason, the Contractor will be responsible for costs to perform staking. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed disturbed or omitted that the contracted Work cannot take place then the Contractor will be required to stake or re -stake the deficient areas. B. Construction Survey 1. Construction Survey will be performed by the Contractor. 2. Coordination a. Contractor to verify that horizontal and vertical control data established in the design survey and required for construction survey is available and in place. 3. General a. Construction survey will be performed in order to construct the work shown on the Construction Drawings and specified in the Contract Documents. b. For construction methods other than open cut, the Contractor shall perform construction survey and verify control data including, but not limited to, the following: 1) Verification that established benchmarks and control are accurate. 2) Use of Benchmarks to furnish and maintain all reference lines and grades for tunneling. 3) Use of line and grades to establish the location of the pipe. 4) Submit to the City copies of field notes used to establish all lines and grades, if requested, and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City, if requested, to verify the guidance system and the line and grade of the carrier pipe. 6) The Contractor remains fully responsible for the accuracy of the work and correction of it, as required. 7) Monitor line and grade continuously during construction. 8) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to the City. 9) If the installation does not meet the specified tolerances (as outlined in Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct the installation in accordance with the Contract Documents. C. As -Built Survey 1. Required As -Built Survey will be performed by the Contractor. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised February 14, 2018 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 7 2. Coordination a. Contractor is to coordinate with City to confirm which features require as - built surveying. b. It is the Contractor's responsibility to coordinate the as -built survey and required measurements for items that are to be buried such that construction activities are not delayed or negatively impacted. c. For sewer mains and water mains 12" and under in diameter, it is acceptable to physically measure depth and mark the location during the progress of construction and take as -built survey after the facility has been buried. The Contractor is responsible for the quality control needed to ensure accuracy. 3. General a. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features during the progress of the construction including the following: 1) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Minimum every 25O linear feet, including (2) Horizontal and vertical points of inflection, curvature, etc. (3) Fire line tee (4) Plugs, stub -outs, dead-end lines (5) Casing pipe (each end) and all buried fittings 2) Sanitary Sewer a) Top of pipe elevations and coordinates for force mains and siphon sanitary sewer lines (non -gravity facilities) at the following locations: (1) Minimum every 25O linear feet and any buried fittings (2) Horizontal and vertical points of inflection, curvature, etc. 3) Stormwater — Not Applicable b. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features after the construction is completed including the following: 1) Manholes a) Rim and flowline elevations and coordinates for each manhole 2) Water Lines a) Cathodic protection test stations b) Sampling stations c) Meter boxes/vaults (All sizes) d) Fire hydrants e) Valves (gate, butterfly, etc.) f) Air Release valves (Manhole rim and vent pipe) g) Blow off valves (Manhole rim and valve lid) h) Pressure plane valves i) Underground Vaults (1) Rim and flowline elevations and coordinates for each Underground Vault. 3) Sanitary Sewer a) Cleanouts (1) Rim and flowline elevations and coordinates for each CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised February 14, 2018 017123-5 CONSTRUCTION STAKING AND SURVEY Page 5 of 7 1 b) Manholes and Junction Structures 2 (1) Rim and flowline elevations and coordinates for each 3 manhole and junction structure. 4 4) Stormwater — Not Applicable 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY 8 PART2- PRODUCTS 9 A. A construction survey will produce, but will not be limited to: 10 1. Recovery of relevant control points, points of curvature and points of intersection. 11 2. Establish temporary horizontal and vertical control elevations (benchmarks) 12 sufficiently permanent and located in a manner to be used throughout construction. 13 3. The location of planned facilities, easements and improvements. 14 a. Establishing final line and grade stakes for piers, floors, grade beams, parking 15 areas, utilities, streets, highways, tunnels, and other construction. 16 b. A record of revisions or corrections noted in an orderly manner for reference. 17 c. A drawing, when required by the client, indicating the horizontal and vertical 18 location of facilities, easements and improvements, as built. 19 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all 20 construction staking projects. These cut sheets shall be on the standard city template 21 which can be obtained from the Survey Superintendent (817-392-7925). 22 5. Digital survey files in the following formats shall be acceptable: 23 a. AutoCAD (.dwg) 24 b. ESRI Shapefile (.shp) 25 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use 26 standard templates, if available) 27 6. Survey files shall include vertical and horizontal data tied to original project 28 control and benchmarks, and shall include feature descriptions 29 PART 3 - EXECUTION 30 3.1 INSTALLERS 31 A. Tolerances: 32 1. The staked location of any improvement or facility should be as accurate as 33 practical and necessary. The degree of precision required is dependent on many 34 factors all of which must remain judgmental. The tolerances listed hereafter are 35 based on generalities and, under certain circumstances, shall yield to specific 36 requirements. The surveyor shall assess any situation by review of the overall plans 37 and through consultation with responsible parties as to the need for specific 38 tolerances. 39 a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical 40 tolerance. Horizontal alignment for earthwork and rough cut should not exceed 41 1.0 ft. tolerance. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised February 14, 2018 017123-6 CONSTRUCTION STAKING AND SURVEY Page 6 of 7 1 b. Horizontal alignment on a structure shall be within .0.1 ft tolerance. 2 c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and 3 walkways shall be located within the confines of the site boundaries and, 4 occasionally, along a boundary or any other restrictive line. Away from any 5 restrictive line, these facilities should be staked with an accuracy producing no 6 more than 0.05ft. tolerance from their specified locations. 7 d. Underground and overhead utilities, such as sewers, gas, water, telephone and 8 electric lines, shall be located horizontally within their prescribed areas or 9 easements. Within assigned areas, these utilities should be staked with an 10 accuracy producing no more than 0.1 ft tolerance from a specified location. 11 e. The accuracy required for the vertical location of utilities varies widely. Many 12 underground utilities require only a minimum cover and a tolerance of 0.1 ft. 13 should be maintained. Underground and overhead utilities on planned profile, 14 but not depending on gravity flow for performance, should not exceed 0.1 ft. 15 tolerance. 16 B. Surveying instruments shall be kept in close adjustment according to manufacturer's 17 specifications or in compliance to standards. The City reserves the right to request a 18 calibration report at any time and recommends regular maintenance schedule be 19 performed by a certified technician every 6 months. 20 1. Field measurements of angles and distances shall be done in such fashion as to 21 satisfy the closures and tolerances expressed in Part 3.1.A. 22 2. Vertical locations shall be established from a pre -established benchmark and 23 checked by closing to a different bench mark on the same datum. 24 3. Construction survey field work shall correspond to the client's plans. Irregularities 25 or conflicts found shall be reported promptly to the City. 26 4. Revisions, corrections and other pertinent data shall be logged for future reference. 27 28 3.2 EXAMINATION [NOT USED] 29 3.3 PREPARATION [NOT USED] 30 3.4 APPLICATION 31 3.5 REPAIR / RESTORATION 32 A. If the Contractor's work damages or destroys one or more of the control 33 monuments/points set by the Developer's Project Representative, the monuments shall be 34 adequately referenced for expedient restoration. 35 1. Notify City or Developer's Project Representative if any control data needs to be 36 restored or replaced due to damage caused during construction operations. 37 a. Contractor shall perform replacements and/or restorations. 38 b. The City or Developer's Project Representative may require at anytime a 39 survey "Field Check" of any monument or benchmarks that are set be verified 40 by the Developer's Project Representative before further associated work can 41 move forward. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised February 14, 2018 017123-7 CONSTRUCTION STAKING AND SURVEY Page 7 of 7 1 3.6 RE -INSTALLATION [NOT USED] 2 3.7 FIELD [OR] SITE QUALITY CONTROL 3 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 4 Developer's Project Representative in accordance with this Specification. This includes 5 easements and right of way, if noted on the plans. 6 B. Do not change or relocate stakes or control data without approval from the City. 7 3.8 SYSTEM STARTUP 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ON A. Survey Checks 1. The City reserves the right to perform a Survey Check at any time deemed necessary. 2. Checks by City personnel or 3' party contracted surveyor are not intended to relieve the contractor of his/her responsibility for accuracy. 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson Added instruction and modified measurement & payment under 1.2; added 8/31/2017 M. Owen 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. Removed "blue text"; revised measurement and payment sections for Construction Staking and As -Built Survey; added reference to selection compliance with TGC 2/14/2018 M Owen 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 CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised February 14, 2018 017423-1 DAP CLEANING Pagel of 4 1 SECTION 0174 23 2 CLEANING 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including special cleaning of closed 7 systems specified elsewhere 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Scheduling 21 1. Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALSANFORMATIONAL 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 STORAGE, AND HANDLING 31 A. Storage and Handling Requirements 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 01 74 23 - 2 DAP CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS 4 2.1 OWNER -FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured surfaces 10 a. Material recommended by manufacturer 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3 - EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION [NOT USED] 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE -INSTALLATION [NOT USED] 20 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING 24 A. General 25 1. Prevent accumulation of wastes that create hazardous conditions. 26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 27 governing authorities. 28 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 29 storm or sanitary drains or sewers. 30 4. Dispose of degradable debris at an approved solid waste disposal site. 31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 32 alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 01 74 23 - 3 DAP CLEANING Page 3 of 4 1 6. Handle materials in a controlled manner with as few handlings as possible. 2 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 3 this project. 4 8. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work. 6 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on -site. 9 B. Intermediate Cleaning during Construction 10 1. Keep Work areas clean so as not to hinder health, safety or convenience of 11 personnel in existing facility operations. 12 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 13 3. Confine construction debris daily in strategically located container(s): 14 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 c. Haul from site at a minimum of once per week 17 4. Vacuum clean interior areas when ready to receive finish painting. 18 a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 19 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 20 may become airborne or transported by flowing water during the storm. 21 C. Exterior (Site or Right of Way) Final Cleaning 22 1. Remove trash and debris containers from site. 23 a. Re -seed areas disturbed by location of trash and debris containers in accordance 24 with Section 32 92 13. 25 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 26 that may hinder or disrupt the flow of traffic along the roadway. 27 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 28 junction boxes and inlets. 29 4. If no longer required for maintenance of erosion facilities, and upon approval by 30 City, remove erosion control from site. 31 5. Clean signs, lights, signals, etc. 32 3.11 CLOSEOUT ACTIVITIES [NOT USED] 33 3.12 PROTECTION [NOT USED] 34 3.13 MAINTENANCE [NOT USED] 35 3.14 ATTACHMENTS [NOT USED] t1ro 37 38 39 40 CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 01 74 23 - 4 DAP CLEANING Page 4 of 4 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0177 19 CLOSEOUT REQUIREMENTS 017719-1 DAP CLOSEOUT REQUIREMENTS Pagel of 3 5 A. Section Includes: 6 1. The procedure for closing out a contract 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 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. Guarantees, Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees, bonds, 20 certificates, licenses and affidavits required for Work or equipment as specified are 21 satisfactorily filed with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment will be accepted until satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 SUBMITTALS 26 A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 017719-2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection, submit: 10 1. Project Record Documents in accordance with Section 0178 39 11 2. Operation and Maintenance Data, if required, in accordance with Section 0178 23 12 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 13 01 74 23. 14 C. Final Inspection 15 1. After final cleaning, provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection, the City will notify the Contractor, in 19 writing within 10 business days, of any particulars in which this inspection 20 reveals that the Work is defective or incomplete. 21 2. Upon receiving written notice from the City, immediately undertake the Work 22 required to remedy deficiencies and complete the Work to the satisfaction of the 23 City. 24 3. Upon completion of Work associated with the items listed in the City's written 25 notice, inform the City, that the required Work has been completed. Upon receipt 26 of this notice, the City, in the presence of the Contractor, will make a subsequent 27 Final Inspection of the project. 28 4. Provide all special accessories required to place each item of equipment in full 29 operation. These special accessory items include, but are not limited to: 30 a. Specified spare parts 31 b. Adequate oil and grease as required for the first lubrication of the equipment 32 c. Initial fill up of all chemical tanks and fuel tanks 33 d. Light bulbs 34 e. Fuses 35 f. Vault keys 36 g. Handwheels 37 h. Other expendable items as required for initial start-up and operation of all 38 equipment 39 D. Notice of Project Completion CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 017719-3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor's Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] DATE NAME 4/7/2014 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP application CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 017823-1 DAP OPERATION AND MAINTENANCE DATA Pagel of 5 1 SECTION 0178 23 2 OPERATION AND MAINTENANCE DATA 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Product data and related information appropriate for City's maintenance and 7 operation of products furnished under Contract 8 2. Such products may include, but are not limited to: 9 a. Traffic Controllers 10 b. Irrigation Controllers (to be operated by the City) 11 c. Butterfly Valves 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. Schedule 24 1. Submit manuals in final form to the City within 30 calendar days of product 25 shipment to the project site. 26 1.5 SUBMITTALS 27 A. Submittals shall be in accordance with Section 0133 00. All submittals shall be 28 approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 A. Submittal Form 31 1. Prepare data in form of an instructional manual for use by City personnel. 32 2. Format 33 a. Size: 8 '/2 inches x 11 inches 34 b. Paper 35 1) 40 pound minimum, white, for typed pages 36 2) Holes reinforced with plastic, cloth or metal 37 c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 1 d. Drawings 2 1) Provide reinforced punched binder tab, bind in with text 3 2) Reduce larger drawings and fold to size of text pages. 4 e. Provide fly -leaf for each separate product, or each piece of operating 5 equipment. 6 1) Provide typed description of product, and major component parts of 7 equipment. 8 2) Provide indexed tabs. 9 £ Cover 10 1) Identify each volume with typed or printed title "OPERATING AND 11 MAINTENANCE INSTRUCTIONS". 12 2) List: 13 a) Title of Project 14 b) Identity of separate structure as applicable 15 c) Identity of general subject matter covered in the manual 16 3. Binders 17 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 18 b. When multiple binders are used, correlate the data into related consistent 19 groupings. 20 4. If available, provide an electronic form of the O&M Manual. 21 B. Manual Content 22 1. Neatly typewritten table of contents for each volume, arranged in systematic order 23 a. Contractor, name of responsible principal, address and telephone number 24 b. A list of each product required to be included, indexed to content of the volume 25 c. List, with each product: 26 1) The name, address and telephone number of the subcontractor or installer 27 2) A list of each product required to be included, indexed to content of the 28 volume 29 3) Identify area of responsibility of each 30 4) Local source of supply for parts and replacement 31 d. Identify each product by product name and other identifying symbols as set 32 forth in Contract Documents. 33 2. Product Data 34 a. Include only those sheets which are pertinent to the specific product. 35 b. Annotate each sheet to: 36 1) Clearly identify specific product or part installed 37 2) Clearly identify data applicable to installation 38 3) Delete references to inapplicable information 39 3. Drawings 40 a. Supplement product data with drawings as necessary to clearly illustrate: 41 1) Relations of component parts of equipment and systems 42 2) Control and flow diagrams 43 b. Coordinate drawings with information in Project Record Documents to assure 44 correct illustration of completed installation. 45 c. Do not use Project Record Drawings as maintenance drawings. 46 4. Written text, as required to supplement product data for the particular installation: 47 a. Organize in consistent format under separate headings for different procedures. 48 b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut -down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions £ Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking £ Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE 33 A. Provide operation and maintenance data by personnel with the following criteria: 34 1. Trained and experienced in maintenance and operation of described products 35 2. Skilled as technical writer to the extent required to communicate essential data 36 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 - PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 END OF SECTION 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 CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Pagel of 4 1 SECTION 0178 39 2 PROJECT RECORD DOCUMENTS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Work associated with the documenting the project and recording changes to project 7 documents, including: 8 a. Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports 11 d. Large Water Meter Reports 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 [NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 25 City's Project Representative. 26 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 30 A. Accuracy of Records 31 1. Thoroughly coordinate changes within the Record Documents, making adequate 32 and proper entries on each page of Specifications and each sheet of Drawings and 33 other Documents where such entry is required to show the change properly. 34 2. Accuracy of records shall be such that future search for items shown in the Contract 35 Documents may rely reasonably on information obtained from the approved Project 36 Record Documents. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 017839-2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 1 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 2 information that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work, both concealed and 4 visible, to enable future modification of the Work to proceed without lengthy and 5 expensive site measurement, investigation and examination. 6 1.10 STORAGE AND HANDLING 7 A. Storage and Handling Requirements 8 1. Maintain the job set of Record Documents completely protected from deterioration 9 and from loss and damage until completion of the Work and transfer of all recorded 10 data to the final Project Record Documents. 11 2. In the event of loss of recorded data, use means necessary to again secure the data 12 to the City's approval. 13 a. In such case, provide replacements to the standards originally required by the 14 Contract Documents. 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS 18 2.1 OWNER -FURNISHED [OR] OWNER -SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 A. Job set 21 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 22 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 23 B. Final Record Documents 24 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 25 the City 1 complete set of all Final Record Drawings in the Contract. 26 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 - EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USED] 32 3.4 MAINTENANCE DOCUMENTS 33 A. Maintenance of Job Set 34 1. Immediately upon receipt of the job set, identify each of the Documents with the 35 title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 017839-3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 1 2. Preservation 2 a. Considering the Contract completion time, the probable number of occasions 3 upon which the job set must be taken out for new entries and for examination, 4 and the conditions under which these activities will be performed, devise a 5 suitable method for protecting the job set. 6 b. Do not use the job set for any purpose except entry of new data and for review 7 by the City, until start of transfer of data to final Project Record Documents. 8 c. Maintain the job set at the site of work. 9 3. Coordination with Construction Survey 10 a. At a minimum clearly mark any deviations from Contract Documents 11 associated with installation of the infrastructure. 12 4. Making entries on Drawings 13 a. Record any deviations from Contract Documents. 14 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 15 change by graphic line and note as required. 16 c. Date all entries. 17 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 18 e. In the event of overlapping changes, use different colors for the overlapping 19 changes. 20 5. Conversion of schematic layouts 21 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 22 ducts, and similar items, are shown schematically and are not intended to 23 portray precise physical layout. 24 1) Final physical arrangement is determined by the Contractor, subject to the 25 City's approval. 26 2) However, design of future modifications of the facility may require 27 accurate information as to the final physical layout of items which are 28 shown only schematically on the Drawings. 29 b. Show on the job set of Record Drawings, by dimension accurate to within 1 30 inch, the centerline of each run of items. 31 1) Final physical arrangement is determined by the Contractor, subject to the 32 City's approval. 33 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 34 ceiling plenum", "exposed", and the like). 35 3) Make all identification sufficiently descriptive that it may be related 36 reliably to the Specifications. 37 c. The City may waive the requirements for conversion of schematic layouts 38 where, in the City's judgment, conversion serves no useful purpose. However, 39 do not rely upon waivers being issued except as specifically issued in writing 40 by the City. 41 B. Final Project Record Documents 42 1. Transfer of data to Drawings 43 a. Carefully transfer change data shown on the job set of Record Drawings to the 44 corresponding final documents, coordinating the changes as required. 45 b. Clearly indicate at each affected detail and other Drawing a full description of 46 changes made during construction, and the actual location of items. 47 c. Call attention to each entry by drawing a "cloud" around the area or areas 48 affected. CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 104681 Revised April 7, 2014 APPENDIX GR-01 60 00 Product Requirements CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 104681 Revised July 1, 2011 GR-01 60 00 Product Requirements THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Rivertree Academy STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 104681 Revised July 1, 2011 FORT WORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 03/07/2023 Note: All water or sewer pipe larger than 1S inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding maybe required for some pipes. Approval IModel INational Water & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16) ` 07/23/97 33 05 13 Urethane Hydrophilic Waterstop Asahi Kogyo K.K. Adeka Ultra -Seal P-201 ASTM D2240/D412/1)792 04/26/00 33 05 13 Offset Joint for 4' Diam. MH Hanson Concrete Products Drawing No. 35-0048-001 04/26/00 33 05 13 Profile Gasket for 4' Diam. MIR. Press -Seal Gasket Corp. 250-4G Gasket ASTM C-443/C-361 SS MH 1126199 33 05 13 HOPE Manhole Adjustment Rings Ladtech, Inc HDPE Adjustment Ring Traffic and Non -traffic area 5/13/05 33 05 13 Manhole External Wrap Canusa - CPS WrapidSeal Manhole Encapsulation System er - Manholes & Bases/Fiberelass 33-39-13 (1/8/13 1/26/99 33 39 13 Fiberglass Manhole Fluid Containment, Inc. Flowti[e ASTM 3153 Non -traffic area 08/30/06 33 39 13 Fiberglass Manhole L.F. Manufacturing Non -traffic area 1 j Water & Sewer - Manholes & Bases/Frames & Covers/Rectammlar 33-05-13 (Rev 2/3/16) 1 * 33 05 13 (Manholc Frames and Covers Western Iron Works, Bass & Hays Foundry 1001 24"x40" WE) Water & Sewer - Manholes & Bases/Frames & Covers/Standard Boundl 33-05-13 (Rev 2/3/16) 3305 13 Manhole Frames and Covers Western Iron Works, Bass & Hays Foundry 30024 24" Dia. * 3305 13 Manhole Frames and Covers McKinley Iron Works Inc. A 24 AM 24" Dia. 1 08/24/18 3305 13 Manhole Frames and Covers Neenah Foundry R-1272 ASTM A48 & AASHTO M306 24" Dia. 1 08/24/18 3305 13 Manhole Frames and Covers Neenah Foundry R- 165-LM (Hinged) ASTM A48 & AASHTO M306 24" Dia. 1 08/24/18 3305 13 Manhole Frames and Covers Neenah Foundry NF 1274 ASTM A48 & AASHTO M306 30" Dia. 1 08/24/18 3305 13 Manhole Frames and Covers Neenah Foundry R-1743-LM (Hinged) ASTM A48 & AASHTO M306 30" dia. 1 33 05 13 Manhole Frames and Covers Sigma Corporation MH-144N 1 33 05 13 Manhole Frames and Covers Sigma Corporation MH-143N 1 33 05 13 Manhole Frames and Covers Pont-A-Mousson GTS-STD 24" dia. 1 33 05 13 Manhole Frames and Covers Neenah Casting 24" dia. 1 10/31/06 33 05 13 Manhole Frames and Covers (Hinged) Powerseal Hinged Ductile Iron Manhole ASTM A536 24" Dia. 1 7/25/03 3305 13 Manhole Frames and Covers Saint-Gobain Pipelines (Pamrex/rexus) RE32-R8FS 30" Dia. 1 01/31/06 3305 13 30" Dia. MH Ring and Cover East Jordan Iron Works V1432-2 and V1483 Designs AASFITO M306-04 30" Dia. 11/02/10 3305 13 30" Dia. MH Ring and Cover Sigma Corporation MH165IFWN & MH16502 30" Dia 1 07/19/1 t 3305 13 30" Dia. MH Ring and Cover Star Pipe Products NIH32FTWSS-DC 30" Dia 1 08/10/11 3305 13 30" Dia. MH Ring and Cover Accucast 220700 Heavy Duty with Gasket Ring 30" Dia 30" ERGO XL Assembly 10/14/13 3305 13 30" Dia. MH Ring and Cover, (Hinged & Lockable) East Jordan Iron Works with Cam Lock/MPIC/T-Gasket ASSEITO MI 05 & ASTM A536 30" Dia 06/01/17 3405 13 30" Dia. MH Ring and Cover (Hinged & Lockable) CI SIP Industries 2280 (32") ASTM A 48 30" Dia. CAP-ONE-30-FTW, Composite, w/ Lack .111111 33 OS 13 30" Dia. MH Ring and Cover Composite Access Products, L.P. w/o Hmg 30" Dia. 10/07/21 3405 13 30" Dia. MH Ring and Cover Trumbull Manufacturing 32"(30") Frame and Cover 30" Dia. Water &der - Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight 33-05-13 (Rev 2/3/1� 33 05 13 Manhole Frames and Covers Pont-A-Mousson Pamtight 24" Dia. * 3305 13 Manhole Frames and Covers Neenah Casting 24" Dia. * 3305 13 Manhole Frames and Covers Western Iron Works,Bass & Hays Foundry 300-24P 24" Dia. * 3305 13 Manhole Frames and Covers McKinley Iron Works Inc. WPA24AM 24" Dia. 03/08/00 3305 13 Manhole Frames and Covers Accucast RC-2100 ASTM A 48 24" Dia. 04/20/01 3305 13 Manhole Frames and Covers (SIP)Serampore Industries Private Ltd. 300-24-23.75 Ring and Cover ASTM A 48 24" Dia. �Wr - Manholes & Bases/Precast Concrete l2ev 33 39 10 Manhole, Precast Concrete 1/8/13 Hydro Conduit Corp SPL Item 449 ASTM C 478 41" * 33 39 10 Manhole, Precast Concrete Wall Concrete Pipe Co. hic. ASTM C-443 48" 09/23/96 33 39 10 Manhole, Precast Concrete Concrete Product Inc. 48" I.D. Manhole w/ 32" Cone ASTM C 478 48" w/32" cone 05/08/18 33 39 10 Manhole, Precast Concrete The Turner Company 48", 60" I.D. Manhole w/ 32" Cone ASTM C 478 48", 60" 10/27/06 33 39 10 Manhole, Precast Concrete Oldeastle Precast Inc. 48" I.D. Manhole w/ 24" Cone ASTM C 478 48" Diam w 24" Ring 1 06/09/10 33 39 10 Manhole, Precast (Reinforced Polymer)Conaete US Composite Pipe Reinforced Polymer Concrete ASTM C-76 48" to 72" 1 09/06/19 33 3920 Manhole, Precast Concrete Forterra Pipe and Precast 60" & 72" I.D. Manhole w/32" Cone ASTM C-76 60" & 72" 10/07/21 32 39 20 Manhole, Precast Concrete Forterra Pipe and Precast 48" I.D. Manhole w/32" Cone ASTM C-77 48" 10/07/21 33 3920 Manhole, Precast (Reinforced Polymer) Concrete Armorock 48" & 60" I.D. Manhole w/32" Cone 48" & 60" 10/07/21 33 3920 Manhole, Precast (Hybrid) Polymer & PVC Predl Systems 48" & 60" I.D. Manhole w/32" Cone 48" & 60" Non Traffic Areas ASTM C-478; ASTM C-923; 03/07/23 33 3920 Manhole, Precast Concrete AmeriTex Pi a and Products, LLC 48" & 10" I.D. Manhole w/32" Cone ASTM C-443 03/07/23 33 3920 IManhole, Precast (Reinforced Pol er) Concrete P3 Polymers, RockHards 48" & 60" I.D. Manhole w/32" Cone 04/28/07 IManholc, Precast (Reinforced Polymcr) Concrete Amitech USA Meyer Polycrete Pipe Eater & Sewer - Manholes & Bases/Rehab Svstems/Cementitlous EI-14 Manhole Rehab Systems Quadex 04/23/01 EI-14 Manhole Rehab Systems Standard Cement Materials, Inc. Relmer MSP E1-14 Manhole Rehab Systems AP/M Permaform 4120101 E I-14 Manhole Rehab System Strong Company Strong Seal MS2A Rehab System 5/12/03 EI-14 Manhole Rehab System (Liner) Triplex Lining System MH repair product to stop infiltration ASTM D5813 08/30/06 General Concrete Repair FlexKrete Technologies Vinyl Polyester Repair Product Mise. Use * From Original Standard Products List CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 03/07/2023 Note: All water or sewer pipe larger than 1S inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding maybe required for some pipes. Approv pec No./ IManufacturer Model1. National Spec Water &Sewer - an o es Bases/Rehab Svstems/NonCementitiousI mmmmw`Moir 05/ 00/96 E1-14 Manhole Rehab Systems Sprayroa, Spray Wall Polyurethane Coating ASTM D639/D790 I 12/14/01 Coating for Corrosion protection(Exterior) ERTECH Series 20230 and 2100 (Asphatic Emulsion) Structures Only I01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1BB, Sl, S2 Acid Resistance Test Sewer Applications I8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications » v�33 nu�pP�ooung i�P�ayolloull- x `Structures 03/19/18 I 39 20� Coating for Corrosion orotection(Exterim) Sherwin Williams Grade (Asohatic Emulsion) Only I 33 05 13 Manhole Insert ME Knutson Enterprises Made to Order - Plastic ASTM D 1248 For 24" dia. I * 33 05 13 Manhole Insert South Western Packaging Made to Order - Plastic ASTM D 1248 For 24" dia. I I * 3305 13 Manhole Insert Noflow-Inflow Made to Order - Plastic ASTM D 1248 For 24" dia. I I 09/23/96 3305 13 Manhole Insert Scuthwestcon Packing & Seals, Inc. Lifesaver - Stainless Steel For 24" dia. I I 09/23/96 3305 13 Manhole Insert Southwestern Packing & Seals, Inc. TetherLok - Stainless Steel For 24" dia I I 711111.72 ara e�Sewer - Pine Casim SDacers 33-05-24 (07/01/13) I Steel Band Casing Spacers Advanced Products and Systems, Inc. Carbon Steel Spacers, Model SI IO2/02/93 Stainless Steel Casing Spacer Advanced Products and Systems, Inc. Stainless Steel Spacer, Model SSI I04/22/87 Casing Spacers Cascade Waterworks Manufacturing Casing Spacers I09/14/10 Stainless Steel Casing Spacer Pipeline Seal and Insulator Stainless Steel Casing Spacer Up to 48" I09/14/10 Coated Steel Casin Spacers Pipeline Seal and Insulator Coated Steel Casin Spacers Up to 48" I 05/10/11 Stainless Steel Casing Spacer Powerseal 4810 Powerchock Up to 48" 03/19/18 Casing Spacers BWM SS-12 Casing Spacer(Stainleas Steel) 03/19/18 Casing Spacers BWM FB-12 Casing Spacer (Coated Carbon Steel) for Non_pressure Pipe and Grouted Casing 03/29/22 33 05 13 Casing Spacers CCI Pipeline Systems CSC12, CSS12 PEW I Water & Sewer - Pines/Ductile Iron 33-11-10(1/8/13) i I * 33 11 10 Ductile Iron Pipe Griffin Pipe Products, Co. Super Bell-Tite Ductile Iron Pressure Pipe, AW WA C150, C151 3" thrn 24" OS/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Fastite Pipe (Bell Spigot) AW WA C150, C151 4" thrn 30" 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Flex Ring (Restrained Joint) AW WA C150, C151 4" thin 30" * 33 11 10 Ductile Iron Pipe U.S. Pipe and Foundry Co. AW WA C150, C151 * 33 11 10 Ductile Iron Pipe McWane Cast Iron Pipe Co. AW WA C150, C151 I Water & Sewer - Utility Line Marker (08/24/2018) I I ewer - Coatinss/EDD -39-60 (01/08/13) I INEK 02/25/02 Epoxy Lining System Sauereisen, Inc SewerGard 21 ORS LA County 9210-1.33 I 12/14/01 Epmv Lmmg System Ertech Technical Coatings Ertcch 2030 and 2100 Series I I 04/14/05 Interim Ductile Iron Pipe Coating Induron Protecto 401 ASTM B-117 Ductile Iron Pipe Only I I01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1HB, Sl, S2 Acid Resistance Test Sewer Applications I I8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications I I INNE Sewer - Coatings/Polvurethane I I Sewer - Combination Air Valves I I 05/25/18 I 33-31-70 Air Release Valve A.R.I. USA, Inc. D121LTP02(Compwite Body) 2" I I Sewer - Pines/Concrete I * EI-04 C. Pipe, Reinforced Wall Concrete Pipe Co. Inc. ASTM C 76 I E I-04 Conc. Pipe, Reinforced Hydro Condun Corporation Class III T&G, SPL Item #77 ASTM C 76 I I E I-04 Conc. Pipe, Reinforced Hanson Concrete Products SPL item 495 hirsaliele, 998 Pipe ASTM C 76 I IE I-04 Conc. Pipe, Reinforced Concrete Pipe & Products Co. Inc. ASTM C 76 I I Sewer - Pine Enlargment Svstem (Method)33-31-23 (01/18/13). I Svstem PIM Corporation Polyethylene PIM Corp., Piscata Way, N.J. Approved Previously �Plm McConnell Systems McLat Construction Polyethylene Houston, Texas Approved Previously I TRS Systems Trenchless Replacement System Polyethylene Calgary, Canada Approved Previously I I Sewer - PiDe/Fibere as_ss Reinforced/ 33-31-13(1/8/13) I Hobas Pipe USA, Inc. Holies Pipe (Non -Pressure) ASTM D3262/D3754 I 7/21 /97 33 31 13 Cent. Cast Fiberglass (FRP) I 03/22/10 333 13 Fiberglass It,. (FRP) Ameroa Bondstmod RPMP Pipe AST- D3262-3154 I 04/09/21 33 31 13 Glass -Fiber Reinforced Polviner Pipe FRP Thompson Pie Group Thompson Pipe Flowtite ASTM D32621D3754 03/07/23 3331 13 lFiber.lass Pine (FRP) Future Pine Industries Fiberstron¢ FRP ASTM D3212. ASTM D3681. ASTM D4161. AW WA M45 Sewer - PiDe/Polvmer Pine 4/14/OS Polvmer Modified Concrete Pioe Amrtech USA Meyer Polycrete Pioe ASTM C33, A276, F477 8" tp 1112", Class V I06/09/10 El-9 Reinforced Polymer Concrete Pipe US Composite Pipe Reinforced Polymer Concrete Pioe ASTM C-76 I I I /HDPE 33-31-23(1/8/13) * From Original Standard Products List CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 03/07/2023 Note: All water or sewer pipe larder than 1S inch diameter shall be approved for use by the Water Department on a proiect specific basis. Special bedding maybe required for some I ' hdsity polyethylene pipe Phillips Driswpipe, Inc. Opticore Ductile Polyethylene Pipe ASTM D 1248 8" I * gh-density polyethylene pipe �'Ih�gh_d_maitv PI- Inc. ASTM D 1248 8" * gh-density polyethylene pipe Polly Pipe, Inc. ASTM D 1248 8" polyethylene pipe CSR Hydro CondmUPioelme Systems McConnell Pipe Enlargement ASTM D 1248 Sewer - PiDes/PVC (Pressure Sewer) 33-11-12 (4/1/13) 12/02/11 33-11-1� DR -Id PVC Pressure Pipe Prpelife Jetstream PVC PressurePipe AWWA C900 4"[tiro 12" 10/22/14 33-11-12 DR-14 PVC Pressure Pipe Royal Building Products Royal Seal PVC Pressure Pipe AW WA C900 4" thru 12" 33-31-20 PVC Sewer Poe 12/23/97* 33-31-20 PVC Sewer Pipe * 33-31-20 PVC Sewer Pipe 01/18/18 33-31-20 PVC Sewer Pipe 11/11/98 33-31-20 PVC Sewer Pipe * 33-31-20 PVC Sewer Pipe 09/11/12 33-31-20 PVC Sewer 05/06/05 33-31-20 , PVC Sohd Wall Pipe 04/27/06 33-31-20 PVC Sewer Fittings * 33-31-20 PVC Sewer Fittings 1 3/19/2018 33 3120 PVC Sewer Pipe 1 3/19/2018 33 3120 PVC Sewer Pre 1 3/29/2019 33 3120 Gasketed Fittings (PVC) 1 10/21/2020 33 3120 PVC Sewer Pipe 1 10/22/2020 33 3120 PVC Sewer Pipe 1 10/21/2020 33 3120 PVC Sewer Pipe P 33-31-12 1 * Cured in Place Pipe 05/03/99 Cured in Place Ape 05/29/96 Cured in Place Pipe Sewer - Pipes/Rehab/Fold & Form Fold and Form Pi 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 1-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) P,qq life Jet Stream Diamond Plastics Corporation Harco Plastic Trends, Inc.(Westlak ) Pipelife Jet Stream Pipelife Jet Stream GPK Products, Inc. NAPCO(Westlake) Sanderson Pipe Corp. NAPCO(Westlake) Insimfrrm Texark, Inc National Envirotech Group Remolds Inc/Inliner Technolgy (Inliner USA) Cullum Pipe Systems, Inc. Insimfirm Technologies, Inc. American Pipe & Plastics, Inc. Ultralmer Miller Pipeline Corp. Sewer - PiDes/ODen Prot -de Laree Diameter i 09/26/91 E100-2 PVC Sewer Pipe, Ribbed Lamson Vvlon Pipe 09/26/91 E100-2 PVC Sewer Pipe, Ribbed Extmsim Technologies, Inc. E100-2 PVC Sewer Pipe, Ribbed Up -or ETI Company 11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Double Wall Advanced Drainage Systems (ADS) 11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Triple Wall Advanced Drainage Systems (ADS) 05/16/11 Steel Reinforced Polyethylene Pipe ConTech Construction Products 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 Finings SDR 35 SDR 26 SDR 26 SDR 26 SDR 26 SDR 26/35 PS 115/46 National Liner, (SPL) Item #27 Inliner Technology Insim "NuPIpe" Ultralmer PVC Alloy Pipelmer EX Method Carlon Vylon H.C. Closed Profile Pipe, Ultra -Rib Open Profile Sewer Pipe SaniTite HP Double Wall (Corrugated) SamTne HP Triple Wall Pipe Durmaxx 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 ASTM F 1216 ASTM F-1216/D-5813 ASTM F 1216 ASTM F-1504 ASTM F-1504, 1871, 1867 ASTM F-1504, F-1947 ASTM F 679 ASTM F 679 ASTM F 2736 ASTM F 2764 ASTM F 2562 4" - 15" 4" thru 15" 4" thru 15" 4" thru 15" 18" to 27" 18" - 28" 18" 18" to 48" 4" - 11" 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" 24"-30" 30" to 60" 24" to 72" * From Original Standard Products List CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 03/07/2023 Note: All water or sewer pipe larger than 1S inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding maybe required for some pipes. Approval Spec I on 1W Manufacturer Model1. National Spec Water - Aoour�enancesgig -10 (07/Ol/13) Ol/18/18 33-12-10 Double Strap Saddle Romac 202NS Nylon Coated AWWA C800 1"-2"SVC, no 124"Pipe 08/28/02 Double Strap Saddle Smith Blair 4317 Nylon Coated Double Strap Saddle 07/23/12 33-12-10 Double StrapService Saddle Mueller Company U-S Double SS Strap DI Saddle AWWA C800 1"-2" SVC, u to 24" Pi e 03/07/23 33-12-10 Double StrapService Saddle Powerseal 3450AS, Inc. Corp. Stop, ON Strap, Stainless NSF ANSI 372 1"-2" SVC, u to 24 Pi e 10/27/87 Curb Stops -Ball Meter Valves McDonald 6100M,6100MT & 610MT 3/4" and 1" 10/27/87 Curb Stops -Ball Meter Valves McDonald 4603B, 4604B, 610UM, 6100TM and 6101M 1 h" and 2" FB600-7NL, FB1600-7-NL, FV23-777-W-NL, 1/25/2018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. L22-77NL AWWA C800 2" FB600-6-NL, FB1600-6-NL, FV23-666-W- 1111018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. NL, L22-66NL AWWA C800 1-1/2" FB600-4-NL, FB1600-4-NL, B11-444-WR- 1111018 33-12-1. Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. NL, B22444-WR-NL, L28-44NL AWWA C800 I " 13-25000N, B-24277N-3, B-20200N-3, H- AWWA C800, ANSF 61, 1/25/2018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, , H-1552N, H142276N ANSI/NSF 372 _ B-25000N, B-20200N-3, B-24277N-3,H- AWWA C800, ANSF 61, 1111.1. 33-12-1. Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, H-14276N, H-15525N ANSI/NSF 372 1-1/2" 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15530N ANSI/NSF 372 V, 01/26/00 Coated Tapping Saddle with Double SS Straps 1CM Industries, Inc. #406 Double Band SS Saddle 1"-2" Taps on up to 12" 0/5/21/12 33-12-25 Tapping Sleeve (Coated Steel) 1CM Industries, Inc. 412 Tapping Sleeve ESS AWWA C-223 Up to 30" w/12" Out 03/29/22 33-12-25 Tapping Sleeve (Coated or Stainless Steel) 1CM Industries, Inc. 415 Tapping Sleeve AWWA C-223 Concrete Pipe Only 05/10/11 Tapping Sleeve (Stainless Steel) Powerseal 3490AS (Flange) & 3490MJ 4"-1" and 16" 02/29/12 33-12-25 Tapping Sleeve (Coated Steel) Romac FTS 420 AWWA C-223 U p to 42" w/24" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST Stainless Steel AWWA C-223 Up to 24" w/12" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST III Stainless Steel AWWA C-223 Up to 30" w/12" Out 05/10/11 Joint Repair Clamp Powerseal 3232 Bell Joint Repair Clamp 4" to 30" Plastic Meter Box w/Composite Lid DFW Plastics lnc. DFW37C-12-lEPAFFTW Plastic Meter Box w/Composite Lid DFW Plastics lnc. DFW39C-12-lEPAFFTW 08/30/06 Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW65C-14-lEPAF FTW Class "A" Concrete Meter Box Bass & Hays CMB37-B12 1118 LID-9 Concrete Meter Box Bass & Hays CMB-18-Dual 1416 LID-9 Concrete Meter Box Bass & Hays CMB65-B65 1527 LID-9 r Water - Combination Air Release 33-31-70 (01/08/13) 1 E I -I I Au Release Valve GA Industries, Inc. Empve Air and Vacuum Valve, Model 935 ASTM A 126 Class B, ASTM A 1" &W21' * EI-11 [oribriation ombmation Ar Release Valve Multiplex Manufacturing Co. Crispin Air and Vacuum Valves, Model No. 1/2", 1" & 2" EI-11 ombination Air Release Valve Valve and Primer Corp. APCO #143C, #145C and #147C 1", 2" & 3" Water Barrel Fire Hvdrants 10/Ol/87 E-1-12 Dry Barrel Fire Hydrant American -Darting Valve Drawing Nos. 90-18608, 94-18560 AWWA C-502 03/31/88 E-1-12 Dry Barrel Fire Hydrant American Darling Valve Shop Drawing No. 94-18791 AWWA C-502 09/30/87 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Shop Drawing No. D-19895 AWWA C-502 01/12/93 E-1-12 Dry Barrel Fire Hydrant American AVK Company Model 2700 AWWA C-502 08/24/88 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Drawings D20435, D20436, B20506 AWWA C-502 E-1-12 Dry Barrel Fire Hydrant ITT Kennedy Valve Shop Drawing No. D-80783FW AWWA C-502 0.1.7 E-1-12 Dry Barrel Fire Hydrant M&H Valve Company Shop Drawing No. 13476 AWWA C-502 Shop Drawings No. 6461 t0/14/87 E-1-12 Dry Barrel Fire Hydrant Mueller Company A-423 Centurion AW WA C-502 01/15/88 E1-12 Dry Barrel Fire Hydrant Mueller Company A-423 Super Centurion 200 AWWA C-502 10/09/87 E-1-12 Dry Barrel Fire Hydrant U.S. Pipe & Foundry Shop Drawing No. 960250 AWWA C-502 09/16/87 E-1-12 Dry Barrel Fire Hydrant American Flow Control (AFC) Waterous Pacer WB67 AWWA C-502 08/12/16 33-12-40 Dry Barrel Fire Hydrant EI (East Jordan Iron Works) WaterMaster 5CD250 I 02/05/93 E101-5 Detector Check Meter Ames Company Model 1000 Detector Check Valve AWWA C550 4" - 10" 08/05/04 Magnetic Drive Vertical Turbine Hersey Magnetic Drive Vertical AWWA C701, Class 1 3/4" - 6" * From Original Standard Products List CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 03/07/2023 Note: All water or sewer pipe larger than 1S inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding maybe required for some pipes. Approval IModel INational Water -Pines/PVC(Pressure Waterl33-31-70(01/08/13) -W MEL M` —AL I 01/18/18 33-11-12 PVC Pressure Pipe Vinyltech PVC Pipe DR14 ASTM D1784 V-12" I I 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR14 AWWA C900 4"-12" I I 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR18 AWWA C900 16"-24" I I 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 14 AWWA C900 4"-12" I 5/25/2018 3311 12 PVC Pressure Pipe Diamond Plastics Corporation DR 18 AWWA C900 16"-24" AWWA C900-16 UL 1285 12/6/2018 3311 12 PVC Pressure Pipe J-M Manufacnrring Co., Inc d/b/a JM Eagle DR 14 ANSI/NSF 61 4"-28" FM 1612 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 18 ° 16"-24" 9/6/2019 33 11 12 PVC Pressure Pipe Underground Solutions Inc. DR14 Fusible PVC AWWA C900 4" - 8" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO(Westlake) DR18 AWWA C900 16"-24" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO(Westlake) DR14 AWWA C900 4"-12" 9/6/2019 33 11 12 PVC Pressure Pipe Sanderson Pipe Corp. DR14 AWWA C900 4"- 12" I Water - Pines/Valves & Fittin¢s/Ductile Iron Fittines 33--11 (01/08/13) I 07/23/92 EI-07 Ductile Iron Fittings Star Pipe Products, Inc. Mechanical Joint Finings AW WA C153 & C110 I EI-07 Ductile Iron Fittings Griffin Pipe Products, Co. Mechanical Joint Fittiq @ AWWA C 110 I * E1-07 Ductile Iron Fittings McWane/Tyler Pipe/ Union Utilmes Division Mechanical Joint Finings, SSB lass 350 AWWA C 153, C 110, C 111 I 08/11/98 E1-07 Ductile Iron Fittings Sigma, Co. Mechanical Joint Finings, SSB Class 351 AWWA C 153, C 110, C 112 I 02/26/14 E1-07 MJ Fittings Accucast Class 350 C-153 MJ Fittings AW WA C153 4"-12" I 05/14/98 E1-07 Ductile Iron Joint Restraints Ford Meter Box Co./Uni-Flange Uni-Flange Series 1400 AW WA C111/C153 4" to 36" I 05/14/98 E1-24 PVC Joint Restraints Ford Meter Box Co./Uni-Flange Uni-Flange Series 1500 Circle -Lock AW WA C111/C153 4" to 24" I 11/09/04 E1-07 Ductile Iron Joint Restraints One Bolt, Inc. One Bolt Restrained Joint Fitting AWWA C111/C116/C153 4" to 12" I I 02/29/12 33-11-11 Ductile Iron Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 1100 (for DI Pipe) AWWA C111/C116/C153 4" to 42" I I 02/29/12 33-11-11 PVC Pipe Mechanical Joint Restraint EBAA Iron, hic. Megalug Series 2000 (for PVC Pipe) AWWA C111/C116/C153 4" to 24" I I 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLC4 - SLC10 AW WA C111/C153 4" to 10" I I 03/06/19 33-11-11 Mechanical Joint Retainer GlandaFVC) Sigma, Co. Sigma One-Lok SLCS4 - SLCS12 AW WA C111/C153 4" to 12" I I 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLCE AW WA C111/C153 12" to 24" I I 08/10/98 E1-07 MJ Fiffir IP) Sigma, Co. Sigma One-Lok SLDE AW WA C153 4" - 24" I I 10/12/10 E1-24 Interim Restrained Joint Svatem S & B Techncial Products Bulldog System ( Diamond Lok 21 & JM ASTM F-1624 4" to 12" I I 08/16/06 E1-07 Mechanical Joint Fittings SIP Ind-nies(Serampore) Mechanical Joint Fittings AW WA C153 4" to 24" I I 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. PVC Stargrip Series 4000 ASTM A536 AW WA CI I I I I 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. DIP Stmgrip Series 3000 ASTM A536 AW WA CI I I I EZ Grip Joint Restraint (EZD) Black For DIP 03/19/18 33-11-I1 Mechanical Joint Retainer Glands SIP Industries(Seramnore) ASTM A536 AW WA CI I I 3"-48" EZ Grip Joint Restraint (EZD) Red for C900 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) DRl4 PVC Ape ASTM A536 AW WA CI I I 4"-12" 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Sersmpore) �` vuP, V11i. nn, oa„ �,.t.�`VJ nGLL �V1 �J°✓ ASTM A536 AW WA CI11 16"-24" I Water - Pioes/Valves & Fittings/Resilient Seated Gate Valve* 33-12-20 (05/13/15). I Resilient Wedged Gate Valve w/no Gears American Flow Control Series 2500 Drawing # 94-20247 16" I 12/13/02 Resilient Wedge Gate Valve American Flow Control Series 2530 and Series 2536 AWWA C515 30" and 36" I I 08/31/99 Resilient Wedge Gate Valve American Flow Control Series 2520 & 2524 (SD 94-20255) AW WA C515 20" and 24" I I 05/18/99 Resilient Wedge Gate Valve American Flow Control Series 2516 (SD 94-20247) AWWA C515 16" I I 10/24/00 E1-26 Resilient Wedge Gate Valve American Flow Control Series 2500 (Ductile Iron) AWWA C515 4" to 12" I I 08/05/04 Resilient Wedge Gate Valve American Flow Control 42" and 48" AFC 2500 AWWA C515 42" and 48" I I 05/23/91 E1-26 Resilient Wedge Gate Valve American AVK Company American AVK Resilient Seeded GV AWWA C509 4" to 12" I I01/24/02 E1-26 Resilient Wedge Gate Valve American AVK Company 20" and smaller I I * E1-26 Resilient Seated Gate Valve Kennedy 4" - 12" I I E1-26 Resilient Seated Gate Valve M&H 4" - 12" I I * E1-26 Resilient Seated Gate Valve Mueller Co. 4" - 12" I I 11/08/99 Resilient Wedge Gate Valve Mueller Co. Series A2361 (SD 6647) AWWA C515 16" I I 01/23/03 Resilient Wedge Gate Valve Mueller Co. Series A2360 for 18"-24" (SD 6709) AWWA C515 24" and smaller I 05/13/05 Resilient Wedge Gate Valve Mueller Co. Mueller 30" & 36", C-515 AW WA C515 30" and 36" I 01/31/06 Resilient Wedge Gate Valve Mueller Co. Mueller 42" & 48", C-515 AW WA C515 42" and 48" I 01/28/88 EI-26 Resilient Wedge Gate Valve Clow Valve Co. AWWA C509 4" - 12" I 10/04/94 Resilient Wedge Gate Valve Clow Valve Co. 16" RS GV (SD D-20995) AW WA C515 16" I 11/08/99 EI-26 Resilient Wedge Gate Valve Clow Valve Co. Clow RW Valve (SD D-21652) AW WA C515 24" and smaller I 11/29/04 Resilient Wedge Gate Valve Clow Valve Co. Clow 30" & 36" C-515 AWWA C515 30" and 36" (Note 3) 11/30/12 Resilient We Crate Valve Clow Valve Co. Clow Valve Model 2638 AW WA C515 24" to 48" (Nora 3) 05/08/91 E1-26 Resilient Seat Gate Valve Stockham Valves & Fittings AWWA C 509, ANSI 420 - stem, 4" - 12" I E1-26 Resilient Seated Gate Valve U.S. Pipe and Foundry Co. Mcoesw1250, regwremerts SPL #74 3" to 16" 11/26/16 33-12-20 Resilient Seated Gate Valve EJ (East Jordan Iron Works) EJ Fluo Master Gat. Valve & Boxes 08/24/18 I Mateo Gate Valve Matco-Norca 225 MR AWWA/ANSI C115/An21.15 4" to 16" I * From Original Standard Products List