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Contract 60443-PM1
FORTWORTH CSC No. 60443-PM1-U PROJECT MANUAL FOR THE CONSTRUCTION OF MORNINGSTAR — WESTPOINT BLVD. and NORTH INDIGO SKY DRIVE IPRC22-0221, City Project No.: 104118, FID No.: 30114-0200431-104118-E07685, Plan File No.: K-3046, X-27609 Mattie Parker David Cooke Mayor City Manager Christopher P. Harder, P.E. Director, Water Department William Johnson Director, Transportation and Public Works Department Morningstar Municipal Utility District The City of Fort Worth Mz�x """" WELCH E Nc-u4mi INci. INC. 1308 Norwood Drive, Suite 200 Bedford, Texas 76022 AUGUST 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 6 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions Last Revised 00 11 13 Invitation to Bidders 03/20/2020 0021 13 Instructions to Bidders 03/20/2020 0041 00 Bid Form 04/02/2014 00 42 43 Proposal Form Unit Price 05/22/2019 0043 13 Bid Bond 04/02/2014 0045 11 Bidders Prequalification's 04/02/2014 nn� 00 45 26 a idd n li fie tion A „„1;eatieii Contractor Compliance with Workers' Compensation Law 03 mn�, �o 04/02/2014 00 52 43 Agreement 06/16/2016 0061 25 Certificate of Insurance 07/01/2011 0062 13 Performance Bond 01/31/2012 0062 14 Payment Bond 01/31/2012 0062 19 Maintenance Bond 01/31/2012 00 72 00 General Conditions 11/15/2017 007300 Supplementary Conditions 07/01/2011 0073 10 Standard City Conditions of the Construction Contract for Developer 01/10/2013 Awarded Projects Division 01 - General Requirements Last Revised 01 2500 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 /7(11 1 0131 20 � 01 3233 Pfojeet Meetiftg- Preconstruction Video 07/01 �z 08/30/2013 0133 00 Submittals 08/30/2013 01 4523 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 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 6000 Product Requirements 03/20/2020 01 6600 Product Storage and Handling Requirements ve,.,abilization 04/07/2014 nn/n T 01 7000 01 71 23 Mobilization and Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 01 77 19 Closeout Requirements 04/07/2014 1 n'79 2� o�� eper�ion �� 1\ nnrn 14 01 7839 Project Record Documents 04/07/2014 CITY OF FORT WORTH MORNINGSTAR— WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECT CITY PROJ. No.:104118 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 6 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents NONE CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECT CITY PROD. No.:104118 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 6 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httiD:Hfortworthtexas.gov/tuw/contractors/ or httDs:Hai)ns.fortworthtexas.gov/ProiectResources/ Division 02 - Existing Conditions Last Revised 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 n'2v�'24 13 Gent AW Low ct.-eiigth M..+.,6al (C SW 17/7-rc,2W2012 !1'2v 34 16 !`... a fete Base N44efial for- T.-oneh D.,.... 12/7-r�-20//2i0- 2 03 8000 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 tens Multi Duet Conduit lrl ti E:141:1'111��': " vzrsvr02/26/'1sv-ry Division 31 - Earthwork 31 1000 Site Clearing 12/20/2012 31 23 16 Unclassified Excavation 01/28/2013 31 23 23 Borrow 01/28/2013 31 2400 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 12/20/2012 31 3600 Gabions 12/20/2012 31 3700 Riprap 12/20/2012 Division 32 32 011-17 - .xterior Improvements Permanent Asphalt Paving Repair 12/M�-2 '27� TamrFarkl;Asph It Paving Repair �12/20/2012 3201 29 Concrete Paving Repair 12/20/2012 32 111 1 23 Flonibl") Rz3e courses 1'�/r�Q00012 32 11 29 Lime Treated Base Courses 12/20/2012 32 11 33 Cement Treated Base Courses 12/20/2012 32 11 37 Liquid Treated Soil Stabilizer 08/21/2015 32 12 16 A<4 halt Pav 11 /�O1z 3 1�3 A:rpllalt Nz.,:.,gnraek Seah As 12/� 2W2012 32 13 13 Concrete Paving 12/20/2012 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 32 13 73 Concrete Paving Joint Sealants 12/20/2012 3'�6 Via'; Unit fkaevi*g / 12_,z.-20/ 012 32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016 CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECT CITY PROJ. No.:104118 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 6 32 1723 Pavement Markings 11/22/2013 ' Z7�3 f`1.ain Fenees acid (`_..tee 17Nrt 20/201i 323129 Wood r-w.-jz,--_ad-Gate9 12/20/2012 �'� C-ea ir. Blaze 3291 19 Topsoil Placement and Finishing of Parkways 12/20/2012 32 92 13 Hydro -Mulching, Seeding, and Sodding 12/20/2012 3293 43 Tfees-ark F)hpjb�s „/�1i Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 12/20/2012 33 01 31 Closed Circuit Television (CCTV) Inspection 03/03/2016 33-03 10 33 04 70joint 0 lkm-t n g e fExisting eewev Syste Bending and Eleetr4eal 1selatie 12/20/2012 12/712- 33 04 11 3304 12 Ce.-resien Control Test Stations Me',\zvutA Anode G thedie n,.eteetien System 12/�12 ,�/�12 33 04 30 Temporary Water Services 07/01/2011 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 3305 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 3305 12 Water Line Lowering 12/20/2012 3305 13 Frame, Cover and Grade Rings - Cast Iron 01/22/2016 3305 13.10 Frame, Cover and Grade Rings - Composite 01/22/2016 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 12/20/2012 Grade i2/20/2 3305 16 3305 17 Ce„erete Water Vaults Concrete Collars 12/20/2012 1 33 0520 ,:r !33ring, 12/2 i 33 0521! r ►� .�r1a 12/20/2012 33 05 22 Steel Casing Pipe 12/20/2012 33-03-23 Ind Tannclrffig �>z 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 06/19/2013 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 1105 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 23 11 13 333 1_14 ('enefete D.•e.,c ,a P*o� Ba f Wrapped, Steel Cylinder- Type- Steel F:#i 12/20/2012 12/7 ! 33 12 10 Bufiea Pipe and fi s Water Services 1-inch to 2-inch \IIT.,te.. -2 02/14/2017 33 12 33 1220 Mete«e Large e Resilient Seated Gate Valve 12/20/2012 12/20/2012 33 1221 AWWA Rubber -Seated Butterfly Valves 12/20/2012 33 1225 Connection to Existing Water Mains 02/06/2013 33 1230 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 33 1240 Fire Hydrants 01/03/2014 33 1250 Water Sample Stations 12/20/2012 CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECT CITY PROD. No.:104118 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 6 33 1260 Standard Blow -off Valve Assembly 06/19/2013 3331 12 Cured in Place Pipe (CIPP) 12/20/2012 Sewers 33 31 55 High n sit.. Polyethylene r1 DPE) D;r � r,9 rn� ....�..,�.., ��._.... �,� ..F,., �.11 �'/ClIRl1!G 4-120/2012 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 Pipe 12P20/2012 2i r, ..; Se l S L� L% lin , 7i 1 f 333123 Sanitary SewPiN Em!argement l2r�'01z 3331 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 144178 G,/,ii1;kmtian Air Valve f .. Sanitary eewef t:afee N 42QOQ012 1 3339 10 Cast -in -Place Concrete Manholes 12/20/2012 33 39 20 22�$ Precast Concrete Manholes Fiber -glass Manholes 12/20/2012 j , f/tenMaIr t 3339 40 33 39 60 xxr t Aeeess rl.,,mber- (WAG) G) Epoxy Liners for Sanitary Sewer Structures 11 N�1 12/20/2012 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 33 41 11 33 1 12 High De,.sib, Polyethylene (14DPF) -rl,;,- Dikayn Uein f reel Delyetl,lene (SRP ) Pipe c+__L�e 17/7 i 1 1 /1,� 3t�:5 17N�12 33`t6 00 33 '3J"6 01 33 46 02 Slotted Stefm Drains Trench Drains 07/n� 1 r��= 07/01/2011 3349 10 Cast -in -Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 34 41 10 - Transportation Tf ffie Sig & 1n11Tmz2Q015 34 41 10.01 Ge„treller r..l..:..,et �4tt0.oLh�n��rt A At aehtnent�zr B Gentrvllef Specnieucron At a eSt r eeftwafe Speeif;e t;e., 1211812015 0 2 1 �01 � 3A A7-rr1 10.02 34 ^�003 34 41 3A�3 34 41 15 34 41 Temporary Tr.,fF;e C';..-na6 De,„e..ing Tr.,ff;e Signals Reeta-aguIVY Rap;,d Fladhing Beaeon Pedestrian Hybfi Sigft,i 111 /7�2013 122z 11/22Q013 11 /ZT72242VT3 ZAP 34 A7r-r12001 illuminatien way i ffkarial !BD Read 12!22 n6/to c�15 34 4120.02 Freeway LED D ee.lway T �7..lLSi:1�f.,G.1��3 06 /, 51201 5 vvrr✓rzva� 34 ihr�1 20.03 T T Res-i�>►nt�u1 �J Rwat�n.,�ras 06/15/2015 o�,�� 34 41 30 2 A�0 Aluminum Signs Fibe,. fable 11/12/2013 02126/2016 3471 13 Single Mede Optie Traffic Control 11/22/2013 CITY OF FORT WORTH MORNINGSTAR - WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECT CITY PROJ. No.:104118 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Appendix GG-1. J 1 Page 6 of 6 GG 4.-02 F/a�✓a GG 4.N T✓rde GE-4.06 L&,-aydaus En 'iwxninono 1 Condition E.t Site GG 6. D Minofity and Wemefl Owfled Busi aoo E ciMize Co ranee GE-6.07 Ny_ag -„�,.,. �a- GG 6.09 Porm;ts and T Ttil:t:, ., GE-6 21 Nondisw iminatian GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECT CITY PROJ. No.:104118 Revised March 20, 2020 0011 13 INVITATION TO BIDDERS Pagel of 3 SECTION 00 1113 INVITATION TO BIDDERS DEVELOPER AWARDED CONTRACTS FOR PUBLICLY BID PROJECTS ONLY RECEIPT OF BIDS Sealed bids for the construction of MORNINGSTAR - • SECTION 1, PHASE 1, • SECTION 3, PHASE 1, • WESTPOINT PARKWAY, • FM 3325 INTERECTION IMPROVEMENTS will be received by the MORNINGSTAR M.U.D.: WELCH ENGINEERING, INC. 1308 Norwood Drive Suite 200 Bedford, Texas 76022 Bids will be accepted until 9:45 am, CST, Friday, February 10, 2023 and bids will be publicly read aloud at 10:00 am, CST, Friday, February 10, 2023. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: The projects are MORNINGSTAR — SECTION 1, PHASE 1, consisting of 358 Single Family Residential Subdivision, SECTION 3, PHASE 1, consisting of 94 Single Family Residential Subdivision, SECTION WESTPOINT PARKWAY, four lane divided minor arterial street, FM 3325 — INTERSECTION IMPROVEMENTS AT WESTPOINT PARKWAY ---- will require the installation of Water, Sanitary Sewer, Storm Drainage, Street Paving and Street Lights. Bidding of the project as whole or separate entities as either Utilities, Paving and/or Street Lights. Excavation of the project is already underway or completed, except for FM 3325. PREQUALIFICATION The improvements included in this project must be performed by a contractor who is pre - qualified by the City at the time of bid opening. The procedures for qualification and pre - qualification are outlined in the Section 00 2113 — INSTRUCTIONS TO BIDDERS. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project Number: 104118 Revised March 20, 2020 0011 13 INVITATION TO BIDDERS Page 2 of 3 DOCUMENTS AND PROCUREMENTS Copies of the Bidding and Contract Documents may be acquired by at: twelch c&welclieng com A drop box will be emailed back to you. Contact Tim Welch, P.E. at 817-253-3682, if you have questions. No hard copies will be provided only PDF files. Bids can either dropped off or email to twelch@welcheng_com with the appropriate documents required. Each bid must be accompanied by a certified or cashier's check, from a responsible bank in the State of Texas, or a bid bond, issued by a surety legally authorized to do business in the State of Texas, equal to S% of the total bid amount. Make the cashier's check, certified check or bid bond payable to MORNINGSTAR MUNICIPAL UTILITY DISTRICT, (M.U.D.) PREBID CONFERENCE A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following location, date, and time: DATE: No Pre -Bid TIME: No Pre -Bid PLACE: No Pre -Bid LOCATION: No Pre -Bid DEVELOPERXITY'S RIGHT TO ACCEPT OR REJECT BIDS Developer and City reserves the right to waive irregularities and to accept or reject bids. Required forms to be submitted for Bid Opening- Section 00 4100; Section 00 42 43, Section 00 43 13, Section 00 45 12, Section 00 52 43 and Section 00 52 43A with 5% Bid Bond. FUNDING Any Contracts awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from Developer's Completion or Escrow Funds and dedicated by the Developer's Financial Institute for the work under this INVITATION TO BIDDERS. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Timothy J. Welch, P.E., WELCH ENGINEERING, INC. Email: twelch@welcheng.com Phone: 817-253-3682 AND/OR Attn: George Marquez, P.E., CITY OF FORT WORTH Email: Georg_e.Maroueaa.fortworthtexas._eo_v Phone: (817) 392-6826 CITY OF FORT WORTH MORNINGSTAR— WESTPOINT BLVD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project Number: 104118 Revised March 20, 2020 0011 13 INVITATION TO BIDDERS Page 3 of 3 PLAN HOLDERS To ensure you are kept up to date of any new information pertinent to this project such as when an addendum is issued, download the Plan Holder Registration form to your computer, complete and email it to the City Project Manager or the design Engineer, ADVERTISEMENT DATES END OF SECTION CITY OF FORT WORTH MORNINGSTAR— WESTPOINT BLVD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project Number: 104118 Revised March 20, 2020 0021 131 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS DEVELOPER AWARDED CONTRACTS FOR PUBLICLY BID PROJECTS ONLY 1. Defined Terms Page 1 of 9 1.1. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.1.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.Successful Bidder: The responsible and responsive Bidder to whom Developer/City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1.Neither Developer/City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. Developer/City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. All Bidders and their subcontractors are required to be prequalified for the work types requiring prequalification at the time of bidding. Bids received from contractors who are not prequalified (even if inadvertently opened) shall not be considered. Prequalification requirement work types and documentation are available by accessing all required files through the City's website at: https://apes.fortworthtexas.2ov/ProiectResources/ 3.1.1. Paving — Requirements document located at; Resources/Construction Documents/Contractor Prequalification/TPW Paving Contractor Prequalification Program 3.1.2. Roadway and Pedestrian Lighting — Requirements document located at; Resources/Construction Documents/Contractor Prequalification/TPW Roadway and Pedestrian Lighting Prequalification Program 3.1.3. Water and Sanitary Sewer — Requirements document located at; 02 - Construction Documents/Contractor Prequalification/Water and Sanitary Sewer Contractor Prequalification Program CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project Number: 104118 Revised March 20, 2020 0021 132 INSTRUCTIONS TO BIDDERS Page 2 of 9 3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3. The City reserves the right to require any pre -qualified contractor who is the successful bidder(s) for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the successful bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Failure to submit the additional information, if requested, may be grounds for rejecting the successful bidder as non -responsive. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 3.5. Special qualifications required for this project include the following: N/A 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder shall: 4.1.1. Examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by Developer/City or any representative of the Developer/City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Developer/City. 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS City Project Number: 104118 Revised March 20, 2020 0021 133 INSTRUCTIONS TO BIDDERS Page 3 of 9 4.1.4. Be advised, City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration of award. 4.1.5. Study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal is prima -facie evidence that the Bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. 4.1.9.Promptly notify Developer of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the Developer shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project Number: 104118 Revised March 20, 2020 0021 134 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.2. Lthose reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by Developer in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the Developer nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by Developer in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given Developer written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by Developer are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by Developer as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Developer. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project Number: 104118 Revised March 20, 2020 0021 135 INSTRUCTIONS TO BIDDERS Page 5 of 9 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to Developer's/City's representative. Interpretations or clarifications considered necessary by Developer in response to such questions will be issued by Addenda delivered to all parties recorded by Developer as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding Oral and other interpretations or clarifications will be without legal effect Address questions to: Attn: TIMOTHY J. WELCH, P.E., WELCH ENGINEERING, INC. Email: twelch@welcheng.com Phone: (817) 253-3682 AND/OR Attn: Patrick Buckley, P.E., CITY OF FORT WORTH Email: Patrick.Buckley-(a)fortworthtexas.gov Phone: (817) 392-2443 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Developer/City. 6.3. Addenda or clarifications may be posted via the City's document management and collaboration system site at: N/A. 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of Developer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Developer's representative will transmit to all prospective Bidders of record such Addenda as Developer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by Bid Bond made payable to Developer in an amount of five (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the requirements as listed in the General Conditions. 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and deliver the complete Agreement within 10 days after the Notice of Award, Developer may consider Bidder to be in default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. Such forfeiture shall be Developer's exclusive remedy if Bidder defaults. The Bid Bond of all other Bidders whom Developer believes to have a reasonable chance of receiving the award will be retained by Developer until final contract execution. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project Number: 104118 Revised March 20, 2020 0021 136 INSTRUCTIONS TO BIDDERS Page 6 of 9 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Section 0125 00 of the General Requirements. 11. Bid Form 11.1. All blanks on the Bid Form must be completed by printing in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered legibly, in ink or type, for which the Bidder proposes to do the work contemplated or furnish materials required. 11.2. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate name, address and state of incorporation shall be shown below the signature. 11.3. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official name and address of the partnership shall be shown below the signature. 11.4. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The name and state of formation of the firm and the official address of the firm shall be shown. 11.5. Bids by individuals shall show the Bidder's name and official address. 11.6. Bids by joint ventures shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 11.7. All names shall be typed or printed in ink below the signature. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project Number: 104118 Revised March 20, 2020 0021 137 INSTRUCTIONS TO BIDDERS Page 7 of 9 11.8. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 11.9. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 11.10. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 12. Submission of Bids 12.1. Bids shall be submitted on the prescribed Bid Form and proposal form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to City of Fort Worth Project Manager, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security, if required, and other required documents. 13. Modification and Withdrawal of Bids 13.1. Bids cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. After all Bids not requested for withdrawal are opened and publicly read aloud, the Bids for which a withdrawal request has been properly filed may, at the option of the Developer/City, be returned unopened. 13.2 Bidders may modify their Bid by electronic communication at any time prior to the time set for the closing of Bid receipt. 14. Opening of Bids 14.1. Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 15. Bids to Remain Subject to Acceptance 15.1. All Bids will remain subject to acceptance for the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. Developer/City may, at their sole discretion, release any Bid and nullify the Bid security, if required, prior to that date. CITY OF FORT WORTH MORNINGSTAR — WESTPOWT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project Number: 104118 Revised March 20, 2020 0021 138 INSTRUCTIONS TO BIDDERS Page 8 of 9 16. Evaluation of Bids and Award of Contract 16.1. Developer/City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Developer/City believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City. Developer/City also reserves the right to waive informalities not involving price, contract time or changes in the Work with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct SUM. 16.1.1. Any or all bids will be rejected if Developer/City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against Developer/City, Developer/City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the Developer/City will prevent or hinder the prompt completion of additional work if awarded. 16.2. Developer/City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the Developer/City. Developer/City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.3. Developer/City may conduct such investigations as Developer/City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Developer's/City's satisfaction within the prescribed time. 16.4. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by Developer/City indicates that the award will be in the best interests of the Developer/City. 16.5. Failure or refusal to comply with the requirements may result in rejection of Bid. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project Number: 104118 Revised March 20, 2020 0021 139 INSTRUCTIONS TO BIDDERS Page 9 of 9 17. Signing of Agreement 17.1. When Developer issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. The Contractor shall sign and deliver the required number of counterparts of the Agreement to Developer's representative with the required Bonds, Certificates of Insurance, and all other required documentation. END OF SECTION CITY OF FORT WORTH MORNINGSTAR— WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project Number: 104118 Revised March 20, 2020 UTILITY CONTRACT FORMS D.T. UTILITY CONTRACTORS, INC. 004100 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page I of 3 SECTION 00 4100 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: FG ALEDO DEVELOPMENT, LLC 3045 LACKLAND BLVD. FORT WORTH, TEXAS 76116 FOR: MORNINGSTAR — WESTPOINT BLVD. and NORTH INDIGO SKY DRIVE PAVING, DRAINAGE, SEWER, WATER AND STREET LIGHT IMPROVEMENTS City Project No: 104118 FID No.: 30114-0200431-104118-E07685 IPRC: 22-0221 Units/Sections: WATER, SANITARY AND STORM SEWER 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements in the construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 2 of 3 b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. WATER DISTRIBUTION, DEVELOPMENT, (16-INCH DIAMETER AND SMALLER) b. SEWER COLLECTION SYSTEM, DEVELOPMENT (24-INCH DIAMETER AND SMALLER) C. STORM SEWER — MULTI -BOX AND ROUND CONCRETE PIPE 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 180 work days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 f. Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre -qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM— DEVELOPER AWARDED PROJECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 3 of 3 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid $8,945,858.00 Alternate Bid $0.00 Deductive Alternate $0.00 Additive Alternate $0.00 TOTAL BID $8,945,858.00 7. Bid Submittal This Bid is submitted on: JULY 15, 2023 by the entity named below Respectfully submitted, Receipt is acknowledged of By: / the following Addenda: Initial (Signature) Colton Tollett I Addendum No. 1 (Printed Name) Addendum No. 2 Title: Vice President Addendum No. 3 <Title or Office> I Company: D.T. UTILITY CONTRACTORS, INC. ( Addendum No. 4 <Company Name> Address: 2614 CAUSBIE ROAD <Address > <Address if applicable, otherwise delete> WEATHERFORD, TEXAS 76087 <City, State, Zip Code> State of Incorporation: TEXAS Email: cotton@dtutility.com Phone: 817-304-2000 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM MORNINGSTAR - WESTPOINT PARKWAY UNIT PRICE BID Project Item Information 004243 DAP - BID PROPOSAL Page I of 8 CONTRACT: 8/30/2023 CPN: 104118 IPRC22-0221 Bidder's Application Bidlist I I Specification I Unit of I Bid Item No. Description Section No. Measure Quantity UNIT I: WATER IMPROVEMENTS 1-1 3311.0161 6" PVC Water Pipe 33 11 10 LF 1-2 3311.0261 8" PVC Water Pipe 33 11 10 LF 1-3 3311.0261 8" PVC Water Pipe, w/CSS 33 11 10 LF 1-4 3311.0251 8" DIP Water 33 11 10 LF 1-5 3311.0461 12" DR-14 PVC Water Pipe 33 11 10 LF 1-6 3311.0442 12" DR-14 PVC Water pipe, w/CSS 33 11 10 LF 1-7 9999.0100 12" DR-14 PVC Water Pipe w/Concrete Casing 33 11 10 LF 1-8 9999.0101 12" DR-14 PVC Water Pipe w/24" Steel Casing 33 11 10 LF 1-9 3311.0454 12" DIP Water (Restraint Joints) 33 11 10 LF 1-10 9999.0102 12" DIP Water (Restraint Joints), 24" Steel Casing 33 11 10 LF 1-11 3311.0454 12" DIP Water (Restraint Joints), w/CSS 33 11 10 LF 1-12 3311.0541 16" DR-14 PVC Water Pipe 33 11 10 LF 1-13 3311.0554 16" DIP Water (Restrained Joints) 33 11 10 LF 1-14 9999.0103 16" DR-14 PVC Water Pipe w/30" Steel Casing 33 11 10 LF 1-14 0241.1118 4"-12" Pressure Plugs 0241 14 EA 1-15 3305.0109 Trench Safety 3305 10 LF 1-16 3312.3002 6" Gate Valve 33 1220 EA 1-17 3312.3003 8" Gate Valve 33 1220 EA 1-18 3312.3005 12" Gate Valve 33 1220 EA 1-19 9999.0104 12" Gate Valve and Box (Pressure Plane) 33 1220 EA 1-20 3312.3006 16" Gate Valve wNault 33 1220 EA 1-21 3312.0117 Connect. to Existing 4"-12" Water Main 33 1225 EA 1-22 3312.0001 Fire Hydrant 33 1240 EA 1-23 3312.6002 6" Blow Off Valve (Detail D105) 33 1260 EA 9999.0105 Adjust existing 12" Valve box w/Concrete collar (Sheet 1 24 0241 14 EA 9) 1-25 3305.0111 Adjust Ex. Valve Box Adjustment to finished grade (Sht 9) 1-26 3305.0106 Manhole Adjustment, Valve Vault (Sheet 9) 1-27 3305.0108 Miscell. Structure Adjustment, Air Release (Sheet 9) 1 28 9999.0106 Remove & Replace 7.5" Pavement/Lime Stabilization Pressure Plugs (Sheets 12 & 13) 1 29 9999.0107 Remove & Replace 6.0" Pavement/Lime Stabilization Pressure Plugs (Sheets 16) 1-30 9999.0016 Remove & Replace Barrier Free Ramp - Type P-I (Modified) (Sheets 12 & 13) 1 31 9999.0108 Remove & Replace existing Concrete Driveway (4" Thick) (Sheet 12) 132 9999.0109 Remove & Replace existing residential sidewalk (4" Thick) (Sheets 12 & 13) 1-33 9999.0110 Cut, Backfill Grout, Plug and Abandon in Place 12" Water Line (Sheet 13) 1-34 3311.0001 Ductile Iron Water Fittings w/Restraint 1-35 3137.0105 Medium Stone, Riprap, dry 1-36 0241.1118 4"- 12" Pressure Plugs 1-37 3312.2003 1" Irrigation Service (Medians or POS) 180 974 20 12 2,500 40 38 155 446 147 120 905 30 20 10 5,587 9 6 16 2 7 7 1 1 Bidder's Proposal Unit Price I Bid Value $43.00 $65.00 $115.00 $65.00 $95.00 $125.00 $125.00 $310.00 $110.00 $340.00 $125.00 $165.00 $165.00 $375.00 $500.00 $1.00 $1,250.00 $2,100.00 $4,250.00 $4,250.00 $25,000.00 $1,500.00 $5,600.00 $25,000.00 $500.00 $7,740.00 $63,310.00 $2,300.00 $780.00 $237,500.00 $5,000.00 $4,750.00 $48,050.00 $49,060.00 $49,980.00 $15,000.00 $149,325.00 $4,950.00 $7,500.00 $5,000.00 $5,587.00 $11,250.00 $12,600.00 $68,000.00 $4,250.00 $50,000.00 $10,500.00 $39,200.00 $25,000.00 $500.00 3305 14 EA 2 $500.00 $1,000.00 3305 14 EA 1 $1,500.00 $1,500.00 3305 14 EA 1 $2,500.00 $2,500.00 0241 14 SF 296 $26.00 $7,696.00 0241 14 SF 260 $24.00 $6,240.00 0241 14 EA 2 $4,200.00 $8,400.00 0241 14 SF 245 $26.00 $6,370.00 0241 14 SF 2,570 $26.00 $66,820.00 0241 14 LF 50 $95.00 $4,750.00 3311 11 TON 16 $12,000.00 $192,000.00 313700 SY 500 $125.00 $62,500.00 0241 14 EA 11 $500.00 $5,500.00 33 12 10 EA 4 $1,250.00 $5,000.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version April 2, 2014 00 42 43 - BIDDING CONTRACT - MORNINGSTAR - WESTPOINT PARKWAY - 08-30-23.xis 004243 DAP - BID PROPOSAL Page 2 of 8 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM CONTRACT: 8/30/2023 MORNINGSTAR - WESTPOINT PARKWAY CPN: 104118 IPRC22-0221 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal IBidlist Description Specification Unit of Bid Unit Price Bid Value Item No. Section No. Measure Quantity 1-38 3312,2203 2" Irrigation Service (Medians or POS) 33 1210 EA 6 $3,400.00 $20,400.00 1-39 3311.0261 8" DR-14 PVC Water Pipe (Items 1-39 to 1-57, Shts. 33 1 110 LF 10 $65.00 $650.00 16A to 160 1-40 3311.0461 12" DR-14 PVC Water Pipe 33 11 10 LF 2,155 $95.00 $204,725.001 1-41 9999.0110 12" Water Pipe w/Concrete Casing 33 11 10 LF 5 $125.00 $625.00 1-42 9999.0111 12" DIP Water Pipe 33 11 10 LF 25 $125.00 $3,125.00 1-43 9999.0112 12" DIP Water Pipe w/24" Steel Casing 33 11 10 LF 6 $310.00 $1,860.001 1 44 9999.0113 12" DIP Water Pipe w/24" Steel Casing on Cone. 33 11 10 LF 35 $150.00 $5,250.00� Cradle 1-45 3305.0109 Trench Safety 330510 LF 2,170 $1.00 $2,170.001 1-46 3312.3003 8" Gate Valve 33 1220 EA 1 $2,100.00 $2,100.001 1-47 3312.3005 12" Gate Valve 33 1220 EA 4 $4,250.00 $17,000-001 1-48 0241.1118 4"-12" Pressure Plugs 0241 14 EA 2 $500.00 $1,000.001 1-49 3312.0117 Connect. to Existing 4"-12" Water Main 33 1225 EA 1 $1,500.00 $1,500.00� 1-50 3312.2203 2" Irrigation Service (Medians or POS) 33 12 10 EA 2 $3,400.00 $6,800.00 1 51 3312.2802 4"-Combination Turbine Metter Vault installation with 33 12 11 LS 1 $65,000.00 $65,000.00 bypass per D-119 with 27 L.F. of 4" PVC water line an 4" plug 1-52 3137.0105 Medium Stone, Riprap, dry 31 37 00 SY 334 $125.00 $41,750.00 1-53 9999.0114 Remove & Replace 7.5" Pavement/Lime Stabilization 0241 14 SY 19 $261.00 $4,959.00 Pressure Plugs 1 54 9999.0115 Remove & Replace existing residential sidewalk (4" 0241 14 SF 860 $26.00 $22,360.00 Thick) 1-55 3213.0501 Remove & Replace existing R-I ADA Ramp 32 13 20 EA 1 $4,200.00 $4,200.001 9999.0116 Remove existing 167 L.F. of an existing 8" waterline, 1-56 remove and salvage an existing 8" gate valve an box, remove 8"x8" 0241 14 LS 1 $9,500.00 $9,500.00 anchor tee and install 12" anchor tee with 2-12" x8" reducers. 1 57 9999.0117 Slavage and Reinstall existing Washington Style Street 34 41 20 EA 1 $15,000.00 $15,000.00 Light with Type 7 foundation. UNIT I: WATER IMPROVEMENTS TOTAL $1,677,382.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version April 2, 2014 00 42 43 - BIDDING CONTRACT - MORNINGSTAR - WESTPOINT PARKWAY - 08-30-23.xls SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM MORNINGSTAR - WESTPOINT PARKWAY UNIT PRICE BID Bidlist Item No. Project Item Information Description 004243 DAP - BID PROPOSAL Page 3 of 8 CONTRACT: 9/27/2023 CPN: 104118 IPRC22-0221 Bidder's Application Bidder's Proposal Specification Unit of Bid Unit Price Bid Value Section No. I Measure I Quantity UNIT It: SANITARY SEWER IMPROVEMENTS 2-1 3331.4108 6" Sewer Pipe SDR-26 (Sheet 22) 33 11 10 LF 84 $50.00 $4,200.001 2-2 3331.4115 8" Sewer Pipe SDR-26 33 11 10 LF 594 $65.00 $38,610.00 2-3 3331.4116 8" Sewer Pipe SDR-26 w/CSS 33 It 10 LF 40 $125.00 $5,000.001 2-4 9999.0200 8" Sewer Pipe SDR-26 w/Concrete Encasement 33 11 10, 33 05 10 LF 42 $125.00 $5,250.001 2-5 9999.0201 8" DIP Sewer, w/Epoxy Coating 33 11 10 LF 4 $110.00 $440.001 2-6 9999.0202 8" DIP Sewer w/20" Steel Casing, w/Epoxy Coating 33 11 10 LF 189 $225.00 $42,525.001 2-7 3331.4201 10" Sewer Pipe SDR-26 33 11 10 LF 30 $74.00 $2,220.001 2-8 3331.4115 12" Sewer Pipe SDR-26 33 11 10 LF 356 $85.00 $30,260.001 2-9 3331.4116 12" Sewer Pipe SDR-26 w/CSS 33 11 10 LF 50 $145.00 $7,250.001 2-10 I9999.0203 12" DIP Sewer w/Epoxy Coating 33 11 10 LF 283 $185.00 $52,355.001 2-11 19999.0204 12" DIP w/24" Steel Casing,w/Epoxy Coating 33 11 10 LF 130 $375.00 $48,750.001 2-12 19999.0205 12" DIP, w/CSS 33 11 10 LF 50 $235.00 $11,750.001 1 2-13 13331.4225 18" DR-14 Sewer 33 11 10 LF 20 $118.00 $2,360.001 2-14 I3331.4309 24" HDPE DR-17 DIPS Pipe 33 41 10, 33 31 13 3305 10 LF 3,664 $350.00 $1,282,400.00 2-15 13305.0202 Imported Embedment/Backfill, CSS 3305 10 I CY 50 $25.001 $1,250.00 2-16 13305.0203 Imported Embedment/Backfill, CLSM (D2011301) 3305 10 I CY I 2,400 I $35.001 $84,000.00 2-16A 13305.01 16 Concrete Encasement for Utility Pipes 3305 10 I CY I 56 I $75.001 $4,200.00 2-17 I3331.4323 24" DIP Sewer Pipe, w/Epoxy Coating 33 It 10 33 05 to LF 249 I $400.001 $99,600.00 2-18 I9999.0207 24" HDPE DR-17 DIPS Pipe with Epoxy Coating 33 11 10, 33 05 101 LF I 155 $573.001 $88,815.00 2-18A 13305.1007 42" Casing by Open Cut I 33 05 22 I LF I 155 I $425.001 $65,875.00 2-19 13305.0109 Trench Safety 3305 10 1 LF I 2,354 I $1.501 $3,531.00 2-20 I9999.0210 Wagner No. 2050-200 Order Control (See Sheet 33A) I 33 39 60 EA I 1 $18,000.001 $18,000.00 2-21 I9999.0211 Wagner No. 2050-450 Order Control (See Sheet 33A) I 33 39 60 I EA I 4 $31,250.00 $125,000.001 2-22 13301.0002 Post -CCTV Inspection 33 01 31 LF I 2,354 I $4.201 $9,886.801 2-23 3339.1001 4' Manhole (0-6' Depth) I 33 39 20 I EA I I 1 I $6,400.001 $70,400.001 2-24 4' Drop Manhole (0-6' Depth) I 33 39 20 I EA I 2 I $7,200.001 $14,400.001 2-25 13339.1002 3339.1003 4' Extra Depth Manhole I 33 39 20 I VF I 152 I $200.001 $30,400.001 2-26 13339.1101 5' Manhole (0-6' Depth) I 33 39 20 I EA I 15 $7,500.001 $112,500.001 2-27 13339.1102 5' Drop Manhole (0-6' Depth) 33 39 20 I EA I 3 $8,600.001 $25,800.001 2-28 13339.1103 5' Extra Depth Manhole I 33 39 20 I VF I 312 $300.001 $93,600.001 2-29 13339.0001 Epoxy Manhole Coating (24" Manholes Only) I 33 39 60 I VF I 475 $310.001 $147,250.001 2-29A 13339.0001 Epoxy Manhole Coating I 33 39 60 I VF I 32 $310.001 $9,920.001 2-30 13301.0101 Manhole Vacuum Testing I 3301 30 I EA I 29 I $150.001 $4,350.001 2-31 10241.1118 4" - 12" Pressure Plug I 0241 14 I EA I 8 li $500.001 $4,000.001 2-32 10241.1107 18" Pressure Plug I 0241 14 I EA I 1 I $1,500.001 $1,500.001 I 2-33 19999.0212 Connect to Existing Sanitary Sewer Main (8-21 ") I 33 It 10 I EA I 1 I $2,415.201 $2,415.201 I 2-34 13305.0113 Trench Water Stops 33 11 10 I EA I 12 I $950.001 $11,400.001 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Forth Version April 2, 2014 00 42 43 - SEWER IN NEW CFA - 09-28-23.xls SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM MORNINGSTAR - WESTPOINT PARKWAY Project Item Information 004243 DAP - BID PROPOSAL Page 4 of 8 CONTRACT: 9/27/2023 C PN: 104118 IP RC22-0221 Bidder's Application Bidder's Proposal Bidlist Specification Unit of Bid Item No. Description Section No. Measure Quantity Unit Price Bid Value 2-35 3137.0105 Medium Stone, Riprap, dry 31 3700 Sy 356 $125.00 $44,500-001 UNIT II: SANITARY SEWER IMPROVEMENTS TOTAL $2,605,963.00 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version April 2, 2014 00 42 43 - SEWER IN NEW CFA - 09-28-23x1s SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM MORNINGSTAR - WESTPOINT PARKWAY UNIT PRICE BID 004243 DAP - BID PROPOSAL Page 5 of 8 CONTRACT: 8130/2023 CPN: 104 118 IPRC22-0221 Bidder's Application Project Item Information Bidders Proposal Bidlist ( Description I Specification I Unit of I Bid Unit Price I Bid Value Item No. Section No. Measure Quantity UNIT III: DRAINAGE IMPROVEMENTS 3-1 3341.0205 24" RCP, Class 111 3341 10 LF 1,511 $105.00 $158,655.00 3-2 3341.0302 30" RCP, Class III 3341 10 LF 304 S128.00 $38,912.00 3-3 3341.0309 36" RCP, Class 111 3341 10 LF 545 $160.00 $87,200.00 3-4 3341.0402 42" RCP, Class 111 3341 10 LF 516 $201.00 $103,716.00 3-5 3341.0409 48" RCP, Class III 3341 10 LF 575 $275.00 $158,125.00 3-6 3341.0502 54" RCP, Class Ill 3341 10 LF 48 $325.00 $15,600.00 3-7 3341.0602 60" RCP, Class 111 3341 10 LF 290 $405.00 $117,450.00 3-8 3341.0701 72" RCP, Class 111 3341 10 LF 325 $550.00 $178,750.00 3-9 3341.1102 4' x 3' Box Culvert (Multi -Box Structure, Sheet 53) 3341 10 LF 372 $500.00 $186,000.00 3-10 3341.1305 6' x 6 Box Culvert 3341 10 LF 492 $675 00 $332,100.00 3-11 3341.1605 8' x 6' Box Culvert 3341 10 LF 310 $758.00 $234,980.00 3-12 3341.1504 8' x T Box Culvert 3341 10 LF 1,124 $875,00 $983,500.00 3-13 3341.1603 9' x 6 Box Culvert (Multi -Box Structure, Sheet 50) 3341 10 LF 376 $1,150.00 $432,400.00 3-14 3341.1605 9' x 8' Box Culvert (Multi -Box Structure, Sheet 50) 3341 10 LF 75 $1,250.00 $93,750.00 3-15 3305.0109 Trench Safety 3305 10 LF 6,863 $1.00 $6,863.00 3-16 3349.0001 4' Storm Junction Box 33 49 20 EA 3 $5,500.00 $16,500.00 3-17 3349.0002 5' Storm Junction Box 33 49 20 EA 1 $6,000.00 $6,000.00 3-18 3349.0003 6' Storrl Junction Box 33 49 20 EA 1 $6,500.00 $6,500.00 3-19 3349.0004 7' Storm Junction Box 33 49 20 EA I $8,000.00 $8,000.00 3-20 3349.7001 4' Drop Inlet 33 49 20 EA 1 $7,500.00 $7,500.00 3-21 3349.7002 5' Drop Inlet 33 49 20 EA 2 $7,500.00 $15,000.00 3-22 9999.0301 7' Drop Inlet 33 49 20 EA I $11,250.00 $11,250.00 3-23 3349.0102 4' Manhole Riser 33 49 10 EA 7 $1,250.00 $8,750.00 3-24 13349.5001 10' Curb Inlet 33 49 20 EA 2 $7,500 00 $15,000.00 3-25 3349 5003 20' Curb Inlet 33 49 20 EA 2 $15,000 00 $30,000.00 3-26 3349.6001 10' Recessed Curb Inlet 33 49 20 EA 22 $8,500.00 $187,000.00 3-27'3349.6002 15' Recessed Curb Inlet 33 49 20 EA 2 $13 250.00 $26,500.00 3-28 10241.3021 Remove 42"RCP 024114 LF 38 $50.00 $1,900.00 3-29 13341.0402 - Install 42" RCP, Class 111 3341 10 LF 12 $201.00 $2,412.00 3-30 I9999.0302 TxDOT 4:1 Type PW-1 Headwall w/rxDOT Type PR I I Handrail, Multi -Box (1) 9x8, (5) 9x6, refer to Sheet 50 33 49 40 EA 2 $105,000.00 $210,000.00 3-31 19999.0303 TxDOT 4:1 Type CH-PW-S Headwall, (1) 36" 33 49 40 EA 1 $15,000.00 $15,000.00 3-32 I9999.0304 TxDOT 4:1 Type PW-1 Headwall w/rxDOT Type 33 49 40 EA 1 $26,000.00 $26,000.00 PRI I Handrail, Multi -Box (2) 4x3, refer to Sheet 53 3-33 13137.0110 Rock Chute Discharge -Main "B" (Sheet 38 & 51) 31 3700 SY 135 $175.00 $23,625.00 1 3-34 13137.01 10 Rock Chute Discharge - Main "C" (Sheet 38 & 52) 31 37 00 SY 574 $175.00 $100,450.00 3-35 �3137.0105 Medium Stone, Riprap, dry (See individual Drainage 31 3700 SY 6,525 $125 00 $815,625.00 Structure Graduation Charts) 1 3-36 1 19999.0305 Connect to Existing Storm Sewer Main 1 33 11 10 EA I $1,500 00 $1,500.00 1 1 UNIT III: DRAINAGE IMPROVEMENTS TOTAL $4,662,513.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Fom Version April 2. 2014 00 42 43 - BIDDING CONTRACT - MORNINGSTAR - WESTPOrNT PARKWAY - 09.30.23 xls SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM MORNINGSTAR - WESTPOINT PARKWAY UNIT PRICE BID Project Item Information 004243 DAP • BID PROPOSAL Page 8 of 8 CONTRACT: 8/30/2023 CPN: 104118 IPRC22-0221 Bidder's Application Bidders Proposal Bidlist Description Specification Unit of Bid Unit Price Bid Value Item No. Section No. Measure Quantity Bid Summary UNIT I: WATER IMPROVEMENTS $1,677,382.00 UNIT It: SANITARY SEWER IMPROVEMENTS $2,605.963.00 UNIT III: DRAINAGE IMPROVEMENTS $4,662,513.00 UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS Total Construction Bid $8,945,858.001 Contractor agrees to complete WORK for FINAL ACCEPTANCE within ISO working days after the date when the CONTRACT commences to run as provided in the General Conditions. WATER IMPROVEMENTS 40 working days. SANITARY SEWER IMPROVEMENTS 80 working days. DRAINAGE IMPROVEMENTS 60 working days. PAVING IMPROVEMENTS working days. STREET LIGHT IMPROVEMENTS working days. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Forth Version April 2, 2014 00 42 43 - BIDDING CONTRACT - MORNINGSTAR - WESTPOJNT PARKWAY - 08.30.23.xis 00 45 12 DAP PREQUALIFICATION STATEMENT Page I of i SECTION 00 4512 DAP - PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work Tvne" box provide the complete maior work tvpe and actual description as provided by the Water Department for water and sewer and TPW for paving?. Major Work Type WATER Water Transmission, Development, 16" and smaller SANITARY SEWER Sewer Collection System, 24" and smaller STORM SEWER Storm sewer installation, RCB and RCP Contractor/Subcontractor Company Name D.T. UTILITY CONTRACTORS, INC. D.T. UTILITY CONTRACTORS, INC. D.T. UTILITY CONTRACTORS, INC. Prequalification Expiration Date 04/30/2024 04/30/2024 04/30/2024 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: D.T. UTIILTY CONTRACTORS, INC. Company 2614 Causbie Road Address Weatherford, Texas 76087 City/State/Zip By: (Please Print) Signature: Title: (Please Print) Date: -^�--- ! .�22 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUAUFICATION STATEMENT — DEVELOPER AWARDED PROJECTS 00 45 12PrequaliHcation Statement 2015 DAP.docx 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 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I 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. 104118. 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: D.T. UTILITY CONTRACTORS, INC. Company 2614 Causbie Road Address Weatherford, Texas 76087 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By: (Please Print) Signature: 1� Title: (Please Print) BEFORE PE, the undersigmed authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing in trument, and acknowledged to me that he/she executed the same as the act and deed of . for the purposes and consideration therein expressed and A the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this l Z day of o�✓ . 20 Z 3 VANESSA NICOLE VAUGHT, No ry Pu lic in and or the State of Texas Bn=Notary Public, State of Texas 38 - +� Comm. Ex pires 01-17-2027 39 Notary ID 131858729 END OF SECTION 40 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 MORNINGSTAR— WESTPOINT CITY PROJECT NO.: 104118 005243-1 Developer Awarded Project Agreement Pagel of 4 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 9-U-2..j is made by and between the Developer, 4 F. G. ALEDO DEVELOPMENT, LLC, authorized to do business in Texas ("Developer") , and 5 D.T. UTILIY CONTRACTORS, INC., authorized to do business in Texas, acting by and 6 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 MORNINGSTAR — WESTPOINT BLVD. and NORTH INDIGO SKY DRIVE 16 CITY PROJECT NO.: 104118 17 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 180 working days after the date 24 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 25 City Conditions of the Construction Contract for Developer Awarded Projects. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that Developer 28 will suffer financial loss if the Work is not completed within the times specified in 29 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 30 the Standard City Conditions of the Construction Contract for Developer Awarded 31 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 32 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 33 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 34 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 35 Developer ONE THOUSAND DOLLARS, ($1,000) for each day that expires after the 36 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 37 of Acceptance. CITY OF FORT WORTH MORNINGSTAR— WESTPOINT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised June 16, 2016 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 40 Documents an amount in current funds of. EIGHT MILLION NINE HUNDRED FORTY 41 FIVE THOUSAND EIGHT HUNDRED FIFTY EIGHT DOLLARS AND NO CENTS, 42 ($8,945,858.00) 43 Article 5. CONTRACT DOCUMENTS 44 5.1 CONTENTS: 45 A. The Contract Documents which comprise the entire agreement between Developer and 46 Contractor concerning the Work consist of the following: 47 1. This Agreement. 48 2. Attachments to this Agreement: 49 a. Bid Form (As provided by Developer) 50 1) Proposal Form (DAP Version) 51 2) Prequalification Statement 52 3) State and Federal documents (project specific) 53 b. Insurance ACORD Form(s) 54 c. Payment Bond (DAP Version) 55 d. Performance Bond (DAP Version) 56 e. Maintenance Bond (DAP Version) 57 f. Power of Attorney for the Bonds 58 g. Worker's Compensation Affidavit 59 h. MBE and/or SBE Commitment Form (If required) 60 3. Standard City General Conditions of the Construction Contract for Developer 61 Awarded Projects. 62 4. Supplementary Conditions. 63 5. Specifications specifically made a part of the Contract Documents by attachment 64 or, if not attached, as incorporated by reference and described in the Table of 65 Contents of the Project's Contract Documents. 66 6. Drawings. 67 7. Addenda. 68 8. Documentation submitted by Contractor prior to Notice of Award. 69 9. The following which may be delivered or issued after the Effective Date of the 70 Agreement and, if issued, become an incorporated part of the Contract Documents: 71 a. Notice to Proceed. 72 b. Field Orders. 73 c. Change Orders. 74 d. Letter of Final Acceptance. 75 76 CITY OF FORT WORTH MORNINGSTAR — WESTPOINT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised June 16, 2016 00 52 43 - 3 Developer Awarded Project Agreement Page 3 of 77 Article 6. INDENINMCATiON 78 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 79 expense, the city, its officers, servants and employees, from and against any and all 80 claims arising out of, or alleged to arise out of, the work and services to be performed 81 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 82 under this contract. This indemnification provision is specifically intended to onerate 83 and be effective even if it is alleged or proven that all or some of the damages being 84 sought were caused. in whole or in part. by anv act. omission or negligence of the city. 85 This indemnity provision is intended to include, without limitation, indemnity for 86 costs, expenses and legal fees incurred by the city in defending against such claims and 87 causes of actions. 88 89 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 90 the city, its officers, servants and employees, from and against any and all loss, damage 91 or destruction of property of the city, arising out of, or alleged to arise out of, the work 92 and services to be performed by the contractor, its officers, agents, employees, 93 subcontractors, licensees or invitees under this contract. This indemnification 94 provision is specifically intended to operate and be effective even if it is alleged or 95 proven that all or some of the damages being sought were caused. in whole or in part. 96 by anv act, omission or ne rli ence of the citv. 97 98 Article 7. MISCELLANEOUS 99 7.1 Terms. 100 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 101 the Construction Contract for Developer Awarded Projects. 102 7.2 Assignment of Contract. 103 This Agreement, including all of the Contract Documents may not be assigned by the 104 Contractor without the advanced express written consent of the Developer. 105 7.3 Successors and Assigns. 106 Developer and Contractor each binds itself, its partners, successors, assigns and legal 107 representatives to the other party hereto, in respect to all covenants, agreements and 108 obligations contained in the Contract Documents. 109 7.4 Severability. 110 Any provision or part of the Contract Documents held to be unconstitutional, void or 111 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 112 remaining provisions shall continue to be valid and binding upon DEVELOPER and 113 CONTRACTOR. 114 7.5 Governing Law and Venue. 115 This Agreement, including all of the Contract Documents is performable in the State of 116 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 117 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised June 16, 2016 00 52 43 - 4 Developer Awarded Project Agreement Page 4 of 4 118 119 7.6 Authority to Sign. 120 Contractor shall attach evidence of authority to sign Agreement, if other than duly 121 authorized signatory of the Contractor. 122 123 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 124 counterparts. 125 126 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 127 128 Contractor: D.T. UTILITY CONTRACTORS, INC. By: (Signature) (Printed Name) Title: 1ja Company Name: D.T. UTILITY CONTRACTORS, INC. Address: 2614 CAUSBIE ROAD City/State/Zip: WEATHERFORD, TEXAS 76087 Date Developer: F. G. ALEDO DEVELOPMENT, LLC. By: (Signature) 'f I IAA Cat L (Print Name) Title: 1-1�10t T Company name: F. G. ALEDO DEVELOPMENT, LLC. Address: 3045 LACKLAND ROAD City/State/Zip: FORT WORTH, TEXAS 76116 Date CITY OF FORT WORTH MORNINGSTAR — WESTPOINT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised June 16, 2016 SPECIAL CONDITIONS TO THE AGREEMENT Notwithstanding any other items, conditions or provisions of the general or special conditions or any other provision of the Contract Documents to the contrary, Morningstar Ranch Municipal Utility District Nos. 1 and 2 ("District") and/or the City of Fort Worth ("City") when dictated by an applicable contract shall be deemed and considered as Owner for all purposes under the Contract Documents, except that FG Aledo Development, LLC. ("Developer") shall be considered the "Owner" for purposes of approving requests for and making payments to Contractor of all or any portion of the Contract Price and for paying all or any damages that might ever be due, including any costs associated with any change orders to the Contract. After submission to and approval by District and by Developer of the invoices, certificates and supporting documentation in connection with a request for payment, Contractor agrees to and shall look solely to Developer for payment of such invoices. Developer agrees to pay Contractor's invoices for work performed, subject to the terms of the Contract, in an aggregate amount not to exceed the Contract Price, plus change orders and extras approved by District and by Developer. Failure by Developer to make such payments to Contractor shall constitute a default by Owner and shall entitle Contractor to all rights and remedies arising under the Contract Documents for a default in payment of sums due Contractor pursuant to the Contract Documents; provided, however, District and/or City shall have no obligation for payment of sums due or to become due under the approved invoices or any part of the Contract Price. Neither the District nor the City is holding any security to guarantee payment for work performed on the Project. Developer reserves the right to assign its obligations hereunder to District and/or City subject to written acceptance thereof by District and/or City, respectively. A copy of any such assignment and the acceptance thereof shall be provided to Contractor, and thereafter assignee shall be obligated to make all payments thereafter becoming due to Contractor pursuant to this Contract and the obligations of the assignor contained in the first paragraph of these Special Conditions shall terminate. For purposes of convenient administration of this Contract, District may from time to time make payments due Contractor pursuant to this Contract from funds advanced to District by Developer; provided, however, no such payment by District will obligate District to make further payments due Contractor pursuant to this Contract unless and until District has accepted an assignment of Developer's obligations hereunder and a copy of the assignment and District's acceptance is delivered to Contractor, whereupon District shall become liable for payment to the extent of the assignment. If Developer breaches its obligations in any respect under the Contract, before exercising any remedy Contractor shall give written notice to District and City at the address below specifying the breach and the steps necessary to cure the breach and District shall have the right and power, within thirty (30) days after receipt of such notice, to cure or cause the breach to be cured, if it so elects, before Contractor exercises any of its remedies under the Contract. The undersigned CONTRACTOR does hereby release the City and District from any and all claims related to any failure of payment for work performed on the project by or through Contractor. The undersigned CONTRACTOR agrees, covenants and represents that it will include this Special Co 41 ' s to eeme in all of its subcontracts. On Behalf of Morningstar Ranch MUD Nos. 1 and 2 _� On Behalf of Developer On Behalf of Contractor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 00 61 25 - 1 CERTIFICATE OF INSURANCE Page 1 of 1 SECTION 00 6125 CERTIFICATE OF INSURANCE INSERT CERTIFICATE OF INSURANCE DOCUMENTS END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 MORNINGSTAR - WESTPOINT CITY PROJECT NO: 104118 NA CA 09 FOLICY NUMBER: MP35280042 COMMERCIAL AUTO NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. CAREFULLY. • •'=1 z I Pie] This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following is a summary index of additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy which means that it is subject to all limitations and conditions applicable to this Coverage Part, unless specifically deleted, replaced, or modified therein. No coverage is provided by this summary. SUMMARY INDEX DESCRIPTION PAGE NUMBER SECTION 11- COVERED AUTOS LIABILITY COVERAGE Who Is An Insured Broad Form Insured 2 Employee As Insureds 2 Additional Insured Status By Contract, Agreement Or Permit 2 Supplementary Payments Bail Bond Coverage 2 Loss Of Earnings Coverage 2 Pollution Liability - Broadened Coverage For Covered Autos 2 SECTION III - PHYSICAL DAMAGE COVERAGE Broadened Coverage Towinq And Labor 3 Physical Damage Additional Transportation Expense Coveraqe 4 Temporary Substitute Auto Physical Damaqe 4 Extra Expense- Theft 4 Rental Reimbursement And Additional Transportation Expense 4 Personal Effects Coveraqe 5 Personal Property Of Others 5 Locksmith Coveraqe 5 Vehicle Wrap Coverage 5 Airbaq Accidental Discharqe 5 Audio, Visual And Data Electronic Equipment Coverage 5 Auto Loan/Lease Total Loss Protection 6 Glass Repair- Deductible Amendment 6 SECTION IV - BUSINESS AUTO CONDITIONS Broadened Coverage Amended Duties In The Event Of Accident, Claim, Suit Or Loss 6 Waiver Of Subrogation - Automatic Status When Required In A Written Contract 6 Unintentional Failure To Disclose 6 I Hired, Leased, Rented Or Borrowed Auto Physical Damaqe 7 I SECTION V -DEFINITIONS I Mental Anquish Included in Definition of "Bodily Iniurv" 7 I NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 1 of 7 (SECTION II -COVERED AUTOS LIABILITY COVERAGE, WHO IS AN INSURED, SUPPLEMENTARY PAYMENTS, POLLUTION) The following changes are made to SECTION 11- COVERED AUTOS LIABILITY COVERAGE: A. The following are added to Paragraph A.1.: 1. Who Is An Insured The following are "insureds": d. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership; (2) That is an "insured" under any other policy; (3) That has exhausted its Limits of Insurance under any other policy; or (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. e. Your "employee" while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow. f. Any person or organization for whom you are required to add as an additional insured when you and such person or organization have agreed in writing in a contract or agreement, but such written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or "property damage". Coverage provided by this extension applies only with respect to the extent that the person or organization is liable for the conduct of an "insured" arising out of the ownership, maintenance or use of a covered "auto" under this policy. Coverage provided by this extension will not exceed the Limits of Liability required by the written contract or agreement even if the limits stated in the policy exceed those limits. This coverage shall not increase the Limit Of Ins urance for Covered Autos Liability Coverage shown in the Declarations. For any covered "auto" you own, the insurance provided under this extension is primary. B. Paragraphs 2.a.(2) and 2.a.(4) are replaced with the following: 2. Coverage Extensions a. Supplementary Payments (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnis h these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Pollution Liability - Broadened Coverage For Covered Autos 1. Covered Autos Liability Coverage is changed as follows: a. Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contract or agreement. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 2 of 7 b. With respect to the coverage afforded by Paragraph A.I. above, Exclusion B.6. Care, Custody Or Control does not apply. 2. Changes In Definitions For the purposes of this endorsement, Paragraph D. of the Definitions Section is replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants'; or 2. Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto'; or b. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraphs a. and b. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto' and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 3. Limits For "Covered Pollution Cost or Expense" The most we will pay for "covered pollution cost or expense" is $100,000 in the aggregate per policy period, regardless of the number of "accidents". When this limit is used up, we shall have no further obligation to defend claims or "suits" seeking such damages or to pay such damages or defense expense. (SECTION III - PHYSICAL DAMAGE COVERAGE, BROADENED PHYSICAL DAMAGE COVERAGES) The following changes are made toSECTION III - PHYSICAL DAMAGE COVERAGE A. Paragraph A.2 is replaced with the following: A. Coverage 2. Towing And Labor We will pay for towing and labor costs incurred, up to the limits shown below, each time a covered "auto" is disabled: a. For private passenger type vehicles, we will pay up to $100 per disablement. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 3 of 7 b. For all other covered "autos" we will pay up to $500 per disablement. However, the labor must be performed at the place of disablement. B. Paragraph A.4.a. is replaced with the following: A. Coverage 4. Coverage Extensions a. Transportation Expenses We will pay up to $60 per day, to a maximum of $1,800, for temporary transportation expense incurred by you because of the total theft of a c overed "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". C. The following are added to Paragraph 4. Coverage Extensions: 4. Coverage Extensions c. Temporary Substitute Autos If Physical Damage Coverage is provided under this Coverage Form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its: (1) Breakdown; (2) Repair; (3) Servicing; (4) "Loss'; or (5) Destruction. d. Theft Recovery Expense If you have purchased Comprehensive Coverage on a covered "auto" that is stolen, we will pay the expense of returning that stolen "auto" to you. The limit for this coverage extension is $5,000. e. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations. Coverage applies only to a covered "auto". (1) We will pay for auto rental expense and the expense incurred by you because of a covered cause of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto". Payment applies in addition to the otherwise applicable coverage you have on a covered "auto". No deductible applies to this coverage. (2) We will pay only for expens es incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or (b) 30 days. (3) Our payment is limited to the les ser of the following amounts: (a) Necessary and actual expenses incurred; or NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 4 of 7 (b) $75 per day. (4) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (5) If "loss" results from the total theft of a covered "auto" of the private passenger type or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under SECTION III ® PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. f. Personal Effects If you have purchased comprehensive coverage on a covered "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for "Personal Effects" stolen with the covered "auto". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, "Personal Effects" means tangible property that is worn or normally carried on "insured's" person. g. Personal Property Of Others We will pay up to $500 for "loss" to personal property of others in or on your covered "auto". This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductible applies to this coverage. h. Locksmith Coverage We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger type "auto". The deductible is waived for these services. i. Vehicle Wrap Coverage Under either Comprehensive or Collision Coverage, we will pay up to $1,000 for vinyl vehicle wraps which are displayed on a covered "auto" at the time of a total "loss". Regardless of the number of "autos" deemed a total "loss", the most we will pay under this coverage for any one "loss" is $5,000. For purposes of this coverage, signs or other graphics painted or magnetically affixed to the c overed "auto" are not considered vehicle wraps. D. Paragraph 13.3. is replaced with the following: B. Exclusions 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". This exclusion also does not apply to the mechanical breakdown relating to the accidental discharge of an air bag. This exception applies only if you have purchased comprehensive or collision coverage on the covered "auto" you own and coverage is excess of any other collectible insurance or warranty. No deductible applies to this coverage. E. Paragraph C.1.b. is replaced with the following: C. Limits Of Insurance 1. The most we will pay for: b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss" is $5,000, if, at the time of "loss", such electronic equipment is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above; or NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 5 of 7 (3) An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. F. The following is added to Paragraph C. Limits of Insurance: C. Limits Of Insurance 4. In the event of a total "loss" to a covered "auto" shown in the Declarations, which is subject to a loan or lease at the time of the "loss", we will pay any unpaid amount due, including up to a maximum of $500 for early termination fees or penalties on the lease or loan for a covered "auto", less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. G. The following is added to Paragraph D. Deductible D. Deductible Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, rather than replaced. (SECTION IV - BUSINESS AUTO CONDITIONS, BROADENED COVERAGE) The following changes are made to SECTION IV - BUSINESS AUTO CONDITIONS: A. The following is added to Paragraph 2. Duties In The Event Of Accident, Claim, Suit Or Loss 2. Duties In The Event Of Accident, Claim, Suit Or Loss d. Knowledge of any "accident', "claim", "suit" or "loss" will be deemed knowledge by you when notice of such "accident", "claim", "suit' or'loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees board members or insurance manager, if you are a not -for -profit organization. B. The following is added to Paragraph 5. Transfer Of Rights Of Recovery Against Others To Us 5. Transfer Of Rights Of Recovery Against Others To Us However, we waive any rights of recovery we may have under the policy against any person or organization for whom the insured is working or operating under a written contract when such contract requires a waiver of s ubrogation. This provision does not apply unless the written contract has been executed prior to the "bodily injury" or "property damage". C. The following is added to Paragraph B.2. Concealment, Misrepresentation Or Fraud: B. General Conditions 2. Concealment, Misrepresentation Or Fraud However, your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. page 6 of 7 D. Paragraph 5.b. of B. General Conditions is replaced with the following: B. General Conditions 5. Other Insurance b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". The most we will pay for any one "loss" is the lesser of the following: (1) $75,000 per accident; or (2) Actual cash value at the time of loss; or (3) Cost of repair. Less the deductible shown in Item Four of the Declarations. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". The deductible does not apply to "loss" caused by fire or lightning. This coverage is excess over any other collectible insurance. (SECTION V - DEFINITIONS, MENTAL ANGUISH) A. Paragraph C. under SECTION V - DEFINITIONS is replaced with the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from such bodily injury, sickness, or disease. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. page 7 of 7 The following is a summary of additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy which means that it is subject to all terms, limitations, exclusions and conditions of the policy, except and to the extent specifically stated in this endorsement No coverage is provided by t its summary. COVERAGE DESCRIPTION PAGE Coverage Extensions Extended Property Damage 2 Expanded Fire Legal Liability to Include Explosion, Lightning and Sprinkler Leakage 2 Coverage For Non -Owned Watercraft Extended to 51 Feet in Length 2 Newly Formed or Acquired Organizations- Extend The Reporting Requirement to 180 Days 7 Knowledge of Occurrence- Knowledge of an "occurrence", claim, or "suit" by your agent, servant, or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the 11 Named Insured has received such notice from the agent, servant, or employee Primary And Noncontributory- Other Insurance Condition 11 Waiver of Subrogation - Automatic Status When Required In A Written Contract 11 Additional Coverages Limit of Insurance Coverage D- Voluntary Property Damage Coverage $5,000 Occurrence 2 $10,000 Aggregate Coverage E- Care, Custody or Control Property $10,000 Occurrence Damage Coverage $25,000 Aggregate 3 Coverage F- Product Recall Expense $10,000 Each Recall $25,000 Aggregate 3 $1,000 Deductible Coverage G - Water Damage Legal Liability $25,000 Aggregate 5 Coverage H- Contamination or Pollution Coverage $100,000 Aggregate 5 (Sudden And Accidental) Increase in Supplementary Payments 7 Bail Bonds - $1,000 Loss of Earnings - $500 Additional Insured Coverages on a Primary and Non -Contributory Basis: Additional Insured- Owners, Lessees or Contractors -Automatic Status When Required In 8 Construction Agreement With You Additional Insured- Lessor of Leased Equipment -Automatic Status When Required In 8 Lease Agreement With You Additional Insured- Managers or Lessor of Premises -Automatic Status When Required In 9 A Written Contract Additional Insured- Engineers, Architects or Surveyors Not Engaged by the Named Insured 9 Aggregate Limits of Insurance Automatically Included - Per Location Subject to Cap 10 Automatically Included - Per Project Subject to Cap 10 NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 1 of 11 POLICY NUMBER: MP35280042 COMMERCIAL GENERAL LIABILITY NA CG 23A 03 21 NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. - _111CF, ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following changes are made under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability: 1. Exclusion a. is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Expanded Fire Legal Liability The last paragraph under 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning,or smoke resulting from such fire, explosion, or lightning, or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. 3. Non -Owned Watercraft Exclusion g. (2) (a) is replaced by the following: g. Aircraft, Auto Or Watercraft (2) A watercraft you do not own that is: (a) Less than 51 feet long; and B. The following additional coverages are addedto Section I - Coverages. Each of these additional coverages is subject to Paragraph 2. Exclusions of Section 1 - Coverage A - Bodily Injury And Property Damage Liability and all other terms, limitations, conditions, exclusions and all other provisions of the policy except and to the extent otherwise specifically stated in this endorsement. COVERAGE D - VOLUNTARY PROPERTY DAMAGE COVERAGE 1. Insuring Agreement a. At your request, and whether or not you are legally obligated to pay, we will pay for "property damage" to property of others you cause while the property is in your possession or if the "property damage" arises out of "your work". b. Subject to Paragraph 5. of SECTION III - LIMITS OF INSURANCE, a $5,000 occurrence limit and a $10,000 aggregate limit is the most we will pay under Coverage D for damages because of "property damage". The aggregate limit is the maximum amount we will pay for all covered 'occurrences" during the policy period. NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office Inc., with its Permission. Page 2 of 11 c. Our duty to pay ends when we have paid the applicable Limit of Insurance in the payment of judgments or settlements under Coverage D. 2. Exclusions a. For purposes of Coverage D. only, Exclusion j. under Paragraph 2. Exclusions of Section I - Coverage A -Bodily Injury And Property Damage Liability, is replaced by the following: j. Damage To Property "Property damage" to: (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use; (2) Property transported by or damage caused by any "automobile", "watercraft" or "aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use. 1. Insuring Agreement a. We will pay for "property damage" to personal property in the care, custody or control of the insured subject to the following provisions, limitations and conditions: (1) Exclusion j.(4) under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, does not apply to Coverage E. (2) Subject to 5. of SECTION III - LIMITS OF INSURANCE, a $10,000 occurrence limit and a $25,000 aggregate limit is the most we will pay under Coverage E. The aggregate limit is the maximum amount we will pay for all covered "occurrences" during the policy period. (3) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage E., regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". COVERAGE F - PRODUCT RECALL EXPENSE 1. Insuring Agreement a. Notwithstanding Exclusion n. under Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, and subject to the limits shown in the Summary of Coverages, we will pay the "product recall expense" you incur as a result of a "product recall' you initiate during the coverage period. b. We will only pay for " product recall expense" arising out of "your products" which have been physically relinquished to others. c. This coverage is subject to a $10,000 each product recall limit and a $25,000 aggregate limit. The most we will pay for the s um of all "product recall expense" you incur as a result of all "product recalls" you initiate during the policy period shall not be greater than $25,000. d. Our right and duty to defend ends when we have used up the applicable Limit of Insurance in the payment of judgments or settlements under Coverage F. 2. Exclusions This insurance does not apply to "product recall expense" arising out of: a. Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product recall'. NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 3 of 11 b. Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of "your product". c. The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. d. Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors. e. Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. f. "Bodily injury" or "property damage" g. Failure of "your product" to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. h. Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. I. Legal fees or expenses j. Damages claimed for any los s, cost or expense incurred by you or others for the loss of use of "your product". k. "Product recall expense" arising from the "product recall" of any of "your products" for which coverage is excluded by endorsement I. Any "product recall" initiated due to the expiration of the designated shelf life of "your product". 3. Conditions The following conditions are added to Coverage F. a. Duties In Event of Product Recall In the event of a "product recall", you must: (1) See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the "product recall" took place and estimated "product recall expense". (2) Take all reasonable steps to minimize "product recall expense". This will not increase the Limits of Insurance. (3) If requested, permit us to question any insured under oath at such times as may be reasonably required about any matter relating to this insurance orthe insured's claim, including your books and records. Your answers must be signed. (4) Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. (5) Cooperate with us in the investigation or settlement of any claim. (6) Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. 4. Definitions The following definitions are added: a. "Product recall" means a withdrawal or removal from the market of "your product" based on the determination by you or any regulatory or governmental agency that: (1) The use or consumption of "your product" has caused or will cause actual or alleged "bodily injury" or "property damage" and (2) Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user, to repair or replace "your product", but only if "your product" is unfit for us a or consumption, or is hazardous as a result of: NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 4 of 11 (a) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of "your product'; or (b) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product" by someone other than you. b. "Product recall expense" means reasonable and necessary expenses for: (1) Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. (2) Transporting recalled products from any purchaser, distributor or user, to locations designated by you. (3) Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. (4) Transportation and accommodation expense incurred by your employees. (5) Rental expense incurred for temporary locations used to store recalled products. (6) Expenses incurred to properly dispose of recalled products, including packaging that cannot be reused. (7) Transportation expense incurred to replace recalled products. (8) Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall". COVERAGE G - WATER DAMAGE LEGAL LIABILITY 1. Insuring Agreement a. Notwithstanding Exclusion j.(1) under Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, we will pay for "property damage" to premises that are both rented to and occupied by you if the "property damage" happens during the policy period as the result of an "occurrence" and arises out of the injurious presence of water. b. Subject to Paragraph 5. of SECTION III - LIMITS OF INSURANCE, the most we will pay under Coverage G. is $25,000 aggregate per policy period. The aggregate limit is the maximum amount we will pay for all covered "occurrences" during the policy period. c. Our right and duty to defend ends when we have used up the applicable Limit of Insurance in the payment of judgments or settlements under Coverage G. COVERAGE H - CONTAMINATION OR POLLUTION COVERAGE (Sudden And Accidental For Contractors) A. The following provisions are added to Section I - Coverage A - Bodily Injury And Property Damage Liability. 1. LIMITED POLLUTION COVERAGE Exclusion f. under Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: This insurance does not apply to: f. Pollution (1) "Bodily injury' or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants'; or NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 5 of 11 (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants." This exclusion does not apply to that portion of any "bodily injury" or "property damage" which is caused by a "pollution incident', subject to the limits of insurance set forth below in this endorsement, but only if the following conditions are met: (a) The commencement time and date of such "pollution incident' can be identified with certainty, and such "pollution incident' commences at a specific time and date during the policy period; (b) Such "pollution incident' is an accident and unintentional release, discharge, emission or escape of "pollutants," is sudden and accidental and is neither expected nor intended by any insured; (c) Such "pollution incident' is not a repeat or resumption of a previous discharge, dispersal, release or escape of the same "pollutants" from essentially the same source within twelve (12) months of a previous discharge, dispersal, release or escape; (d) Such "bodily injury" or "property damage" is not caused or contributed to in any degree by any "pollution incident" that commenced prior to the beginning of the Policy Period shown in the Declarations; (e) Such "pollution incident' is discovered or otherwise becomes known to you within thirty (30) days of its commencement and is reported to us in writing within thirty (30) days after you first obtain knowledge of the "pollution incident; (f) Such "pollution incident' did not result from or was not contributed to by your failure to comply with any government statute, rule, regulation, or order; 2. LIMITS FOR POLLUTION COVERAGE: The most we will pay for liability because of covered "bodily injury" and "property damage" caused by one or more "pollution incidents" shall not be greater than $100,000 in the aggregate per policy period. For the purpose of mitigating further "bodily injury" or "property damage" caused by a covered "pollution incident," $ 100,000 may be applied to costs or expenses incurred by any insured for cleaning up, removing or containing a covered "pollution incident' on the particular part of real property upon which the operations of the insured are conducted. This amount shall not be in addition to the limits set forth above, but such amounts shall reduce such applicable limits. When this limit is used up, we shall have no further obligation to defend claims or "suits" seeking such damages or pay such damages or defense expense. This coverage does not apply to Coverage E - Personal And Advertising Injury Liability. 3. NON -EXTENSION OF COVERAGE: The only coverage provided under this policy for liability in any way relating to, or caused by, any "pollution incident" is that which is set forth in this endorsement. All provisions of the POLICY DEFINITIONS portion of this insurance remain unchanged except as modified by the following: For purposes only of the coverages addressed in this endorsement, the definition of "property damage" is replaced with the following: "Property Damage" means: a. Physical Injury to, destruction of, or contamination of tangible property, including all resulting loss of use of that property; or b. Loss of use of tangible property that is not physically injured, destroyed or contaminated but has been evacuated, withdrawn from use or rendered inaccessible because of a "pollution incident." c. Any loss, cost, or expense which you become legally obligated to pay, provided that you receive notice asserting such obligation during the policy period or within 30 days thereafter, and provided further that such 'loss," cost or expense arises out of: (1) A request, demand or order that any insured or others test for, monitor, clean-up, remove, contain, NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 6 of 11 treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants;" or (2) A claim or legal proceeding by or on behalf of a governmental authority for payments because of testing for, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants." "Pollution Incident" means an 'occurrence" consisting of any actual emission, discharge, release, or escape of any "pollutant' into or upon land, the atmosphere, any watercourse or body of water, or any building or dwelling, provided that such emission, discharge, release or escape results in "environmental damage." The entirety of any such actual emission, discharge, release or escape shall be deemed to be one "pollution incident." "Pollutant" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, waste and saline substances. Waste includes materials to be recycled, reconditioned or reclaimed. "Environmental Damage" means any injurious presence actually in or upon land, the atmosphere, any watercourse or body of water, or any building or dwelling, of any "pollutant." 1- krL4 i1th - • 1. SUPPLEMENTARY PAYMENTS -COVERAGES A AND B is amended as follows: a. To read SUPPLEMENTARY PAYMENTS -ALL COVERAGES b. The following language is added at the end of Paragraph 1. However, we shall have none of the duties set forth above when this insurance applies only for Coverage D., Coverage E., or both, and we have paid the Limit of Liability or the Aggregate Limt for these additional coverages. c. Bail Bonds Paragraph 1.b. is replaced by the following: 1. We will pay, with respect to any claim we investigate or settle, or any "suit' against an insured we defend: b. Up to $1,000 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 applies. We do not have to furnish these bonds. d. Loss of Earnings Paragraph 1.d. is replaced by the following: 1. We will pay, with respect to any claim we investigate or settle, or any "suit' against an insured we defend: d. 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 $500 a day because of time off from work. A. The following changes are made to SECTION II -WHO IS AN INSURED 1. Extended Reporting Requirements Paragraph 3.a. is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; B. The following provisions are added to SECTION 11- WHO IS AN INSURED: NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 7 of 11 4. Additional Insured - Owners, Lessees or Contractors- Automatic Status When Required In Construction or Service Agreement With You Each of the following is an insured: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: (1) Your acts or omissions, or the acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or (2) "Your work" specified in the "written contract" but only for "bodily injury", "property damage" or "personal and advertising injury" included in the "products -completed operations hazard' However, the insurance afforded to such additional insureds described in Paragraphs a. and b. above, only applies to the extent permitted by law and will not be broader than that which you are required by the contract or agreement to provide for such additional insureds. c. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. d. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement you have entered into with the additional insured; or (2) Available under the applicable Limits of Insurance; whichever is less. This coverage shall not increase the applicable Limits of Insurance. 5. Additional Insured -Lessor of Leased Equipment- Automatic Status When Required In Lease Agreement With You Each of the following is an insured: a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. page 8 of 11 However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance; whichever is less. This coverage shall not increase the applicable Limits of Insurance. 6. Additional Insured - Managers or Lessors of Premises Each of the following is an insured: a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any 'occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person(s) or organization(s). However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional ins ured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance; whichever is less. This coverage shall not increase the applicable Limits of Insurance. 7. Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured Each of the following is an insured: a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" which may be imputed to that architect, engineer or surveyor arising out of: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 9 of 11 in the performance of your ongoing operations performed by you or on your behalf. Such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: The insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. A. Paragraphs 2., 3., and 6. of SECTION III - LIMITS OF INSURANCE are replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard'; and c. Damages under Coverage B; and d. Damages under Coverage G. e. Damages under Coverage H. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" and Coverage F. 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, or smoke resulting from such fire, explosion, or lightning, or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. B. The following are added to SECTION III - LIMITS OF INSURANCE: 8. Aggregate Limits of Insurance ( Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 9. Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to each of your "construction projects" away from premises owned by or rented to you. "Construction Project" means "your work" conducted according to a single plan. NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 10 of 11 10. Even though the General Aggregate Limit applies separately to each of your "locations" and each of your "construction projects", the most we will pay under this policy is three times the General Aggregate Limit regardless of the number of "locations", "construction projects", "occurrences", "insureds", claims, "suits", or persons or organizations making claims or bringing "suits". • -11 IVADOG,• A. The following is added to Paragraph 4.Other Insurance: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. B. Paragraphs 2.a. and b. are replaced with the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the Named Insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: (1) How, when and where the "occurrence" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. Knowledge of a claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the Named Insured has received such notice from the agent, servant or employee. C. The following is added to Paragraph 2.c.: 2. Duties In The Event Of Occurrence, Offense, Claim or Suit c. You and any other involved ins ured must: (5) Upon our request, replace or repair the property covered under Coverage D - Voluntary Property Damage at your actual cost, excluding profit or overhead. D. Paragraph 8. is modified by adding the following sentence: 8. Transfer Of Rights Of Recovery Against Others To Us We waive our right to recovery against any person or organization for whom the insured is operating under a written contract when such contract requires a waiver of subrogation, and such contract is executed before the "property damage" or "bodily injury" occurs or the "personal and advertising" offense is committed. NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 11 of 11 DATE (MM/DDIYYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE Ill 1 10/23/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Tina Caldwell AssuredPartners of Texas, LLC PHONE FAX 500 N. Central Expressway #550 I (A/C. No. Ext): 972 644-2688 (A/C. No): Plano TX 75074 I ADDRESS: tina.caldwell@assuredpartners.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: National American Ins Co 23663 INSURED X00011755INSURER B : Bridgefield Casualty Insurance Company 10335 D.T. Utility Contractors, Inc. 2614 Causbie Rd I INSURER C : Weatherford TX 76087 I INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:882963757 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY MP35280142 4/20/2023 4/20/2024 EACH OCCURRENCE $ 1 000 000 CLAIMS -MADE � OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: ❑X PRO- ❑ POLICY JECT LOC OTHER: A AUTOMOBILE LIABILITY MP35280142 X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB I V I OCCUR MB6400142 EXCESS LIAB H CLAIMS -MADE DED I I RETENTION $ B WORKERS COMPENSATION 196-57864 AND EMPLOYERS' LIABILITY Y / N ANYPROPRI ETOR/PARTNER/EXECUTIV 1- OFFICER/MEMBER EXCLUDED? YI NIA (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 4/20/2023 4/20/2024 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) 4/20/2023 4/20/2024 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 4/20/2023 4/20/2024 X I PER STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Fort Worth, its officers, employees and servants are listed as additional insureds for the general liability and automobile liability on a primary and non-contributory basis if required by a written contract. A Waiver of Subrogation in favor of the City of Fort Worth applies as respects to Workers' Compensation coverage. RE: Morningstar- Westpoint Blvd and North Indigo Sky Drive paving, drainage, sewer, water and street light improvements. Project Number 104118 FID No: 30114-0200431-104118-EO7685 IPRC: 22-0221 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Worth 200 Texas St Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: MP35280042 COMMERCIAL AUTO NA CA 09 01 21 NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following is a summary index of additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy which means that it is subject to all limitations and conditions applicable to this Coverage Part, unless specifically deleted, replaced, or modified therein. No coverage is provided by this summary. SUMMARY INDEX DESCRIPTION PAGE NUMBER SECTION II - COVERED AUTOS LIABILITY COVERAGE Who Is An Insured Broad Form Insured 2 Employee As Insureds 2 Additional Insured Status By Contract, Agreement Or Permit 2 Supplementary Payments Bail Bond Coverage 2 Loss Of Earnings Coverage 2 Pollution Liability - Broadened Coveraqe For Covered Autos 2 SECTION III - PHYSICAL DAMAGE COVERAGE Broadened Coverage Towing And Labor 3 Physical Damage Additional Transportation Expense Coverage 4 Temporary Substitute Auto Physical Damage 4 Extra Expense- Theft 4 Rental Reimbursement And Additional Transportation Expense 4 Personal Effects Coverage 5 Personal Property Of Others 5 Locksmith Coverage 5 Vehicle Wrap Coverage 5 Airbaq Accidental Discharge 5 Audio, Visual And Data Electronic Equipment Coverage 5 Auto Loan/Lease Total Loss Protection 6 Glass Repair- Deductible Amendment 6 SECTION IV - BUSINESS AUTO CONDITIONS Broadened Coverage Amended Duties In The Event Of Accident, Claim, Suit Or Loss 6 Waiver Of Subrogation - Automatic Status When Required In A Written Contract 6 Unintentional Failure To Disclose 6 Hired, Leased, Rented Or Borrowed Auto Physical Damage 7 SECTION V - DEFINITIONS Mental Anguish Included in Definition of "Bodily Injury" 7 NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 1 of 7 (SECTION II - COVERED AUTOS LIABILITY COVERAGE, WHO IS AN INSURED, SUPPLEMENTARY PAYMENTS, POLLUTION) The following changes are made to SECTION II - COVERED AUTOS LIABILITY COVERAGE: A. The following are added to Paragraph A.1.: 1. Who Is An Insured The following are "insureds": d. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership; (2) That is an "insured" under any other policy; (3) That has exhausted its Limits of Insurance under any other policy; or (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. e. Your "employee" while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow. f. Any person or organization for whom you are required to add as an additional insured when you and such person or organization have agreed in writing in a contract or agreement, but such written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or "property damage". Coverage provided by this extension applies only with respect to the extent that the person or organization is liable for the conduct of an "insured" arising out of the ownership, maintenance or use of a covered "auto" under this policy. Coverage provided by this extension will not exceed the Limits of Liability required by the written contract or agreement even if the limits stated in the policy exceed those limits. This coverage shall not increase the Limit Of Ins urance for Covered Autos Liability Coverage shown in the Declarations. For any covered "auto" you own, the insurance provided under this extension is primary. B. Paragraphs 2.a.(2) and 2.a.(4) are replaced with the following: 2. Coverage Extensions a. Supplementary Payments (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident' we cover. We do not have to furnis h these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Pollution Liability - Broadened Coverage For Covered Autos 1. Covered Autos Liability Coverage is changed as follows: a. Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contract or agreement. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 2 of 7 b. With respect to the coverage afforded by Paragraph A.1. above, Exclusion B.6. Care, Custody Or Control does not apply. 2. Changes In Definitions For the purposes of this endorsement, Paragraph D. of the Definitions Section is replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or 2. Any claim or "suit' by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or b. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraphs a. and b. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 3. Limits For "Covered Pollution Cost or Expense" The most we will pay for "covered pollution cost or expense" is $100,000 in the aggregate per policy period, regardless of the number of "accidents". When this limit is used up, we shall have no further obligation to defend claims or "suits" seeking such damages or to pay such damages or defense expense. (SECTION III - PHYSICAL DAMAGE COVERAGE, BROADENED PHYSICAL DAMAGE COVERAGES) The following changes are made to SECTION III - PHYSICAL DAMAGE COVERAGE - A. Paragraph A.2 is replaced with the following: A. Coverage 2. Towing And Labor We will pay for towing and labor costs incurred, up to the limits shown below, each time a covered "auto" is disabled: a. For private passenger type vehicles, we will pay up to $100 per disablement. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 3 of 7 b. For all other covered "autos" we will pay up to $500 per disablement. However, the labor must be performed at the place of disablement. B. Paragraph AA.a. is replaced with the following: A. Coverage 4. Coverage Extensions a. Transportation Expenses We will pay up to $60 per day, to a maximum of $1,800, for temporary transportation expense incurred by you because of the total theft of a c overed "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". C. The following are added to Paragraph 4. Coverage Extensions: 4. Coverage Extensions c. Temporary Substitute Autos If Physical Damage Coverage is provided under this Coverage Form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its: (1) Breakdown; (2) Repair; (3) Servicing; (4) "Loss"; or (5) Destruction. d. Theft Recovery Expense If you have purchased Comprehensive Coverage on a covered "auto" that is stolen, we will pay the expense of returning that stolen "auto" to you. The limit for this coverage extension is $5,000. e. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations. Coverage applies only to a covered "auto". (1) We will pay for auto rental expense and the expense incurred by you because of a covered cause of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto". Payment applies in addition to the otherwise applicable coverage you have on a covered "auto". No deductible applies to this coverage. (2) We will pay only for expens es incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "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 incurred; or NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 4 of 7 (b) $75 per day. (4) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (5) If "loss" results from the total theft of a covered "auto" of the private passenger type or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. f. Personal Effects If you have purchased comprehensive coverage on a covered "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for "Personal Effects" stolen with the covered "auto". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, "Personal Effects" means tangible property that is worn or normally carried on "insured's" person. g. Personal Property Of Others We will pay up to $500 for "loss" to personal property of others in or on your covered "auto". This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductible applies to this coverage. h. Locksmith Coverage We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger type "auto". The deductible is waived for these services. i. Vehicle Wrap Coverage Under either Comprehensive or Collision Coverage, we will pay up to $1,000 for vinyl vehicle wraps which are displayed on a covered "auto" at the time of a total "loss". Regardless of the number of "autos" deemed a total "loss", the most we will pay under this coverage for any one "loss" is $5,000. For purposes of this coverage, signs or other graphics painted or magnetically affixed to the c overed "auto" are not considered vehicle wraps. D. Paragraph 113.3. is replaced with the following: B. Exclusions 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". This exclusion also does not apply to the mechanical breakdown relating to the accidental discharge of an air bag. This exception applies only if you have purchased comprehensive or collision coverage on the covered "auto" you own and coverage is excess of any other collectible insurance or warranty. No deductible applies to this coverage. E. Paragraph CA.b. is replaced with the following: C. Limits Of Insurance 1. The most we will pay for: b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss" is $5,000, if, at the time of "loss", such electronic equipment is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above;or NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 5 of 7 (3) An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. F. The following is added to Paragraph C. Limits of Insurance. C. Limits Of Insurance 4. In the event of a total "loss" to a covered "auto" shown in the Declarations, which is subject to a loan or lease at the time of the "loss", we will pay any unpaid amount due, including up to a maximum of $500 for early termination fees or penalties on the lease or loan for a covered "auto", less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. G. The following is added to Paragraph D. Deductible D. Deductible Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, rather than replaced. (SECTION IV - BUSINESS AUTO CONDITIONS, BROADENED COVERAGE) The following changes are made to SECTION IV - BUSINESS AUTO CONDITIONS: A. The following is added to Paragraph 2. Duties In The Event Of Accident, Claim, Suit Or Loss 2. Duties In The Event Of Accident, Claim, Suit Or Loss d. Knowledge of any "accident', "claim", "suit" or "loss" will be deemed knowledge by you when notice of such "accident', "claim", "suit' or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees board members or insurance manager, if you are a not -for -profit organization. B. The following is added to Paragraph 5. Transfer Of Rights Of Recovery Against Others To Us 5. Transfer Of Rights Of Recovery Against Others To Us However, we waive any rights of recovery we may have under the policy against any person or organization for whom the insured is working or operating under a written contract when such contract requires a waiver of subrogation. This provision does not apply unless the written contract has been executed prior to the "bodily injury" or "property damage". C. The following is added to Paragraph B.2. Concealment, Misrepresentation Or Fraud: B. General Conditions 2. Concealment, Misrepresentation Or Fraud However, your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. page 6 of 7 D. Paragraph 5.b. of B. General Conditions is replaced with the following: B. General Conditions 5. Other Insurance b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". The most we will pay for any one "loss" is the lesser of the following: (1) $75,000 per accident; or (2) Actual cash value at the time of loss; or (3) Cost of repair. Less the deductible shown in Item Four of the Declarations. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". The deductible does not apply to "loss" caused by fire or lightning. This coverage is excess over any other collectible insurance. (SECTION V - DEFINITIONS, MENTAL ANGUISH) A. Paragraph C. under SECTION V - DEFINITIONS is replaced with the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from such bodily injury, sickness, or disease. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 7 of 7 NATIONAL AMERICAN INSURANCE COMPANY CONTRACTORS GENERAL LIABILITY ENHANCED COVERAGE ENDORSEMENT SUMMARY OF COVERAGES The following is a summary of additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy which means that it is subject to all terms, limitations, exclusions and conditions of the policy, except and to the extent specifically stated in this endorsement. No coverage is provided by tiis summary. COVERAGE DESCRIPTION PAGE Coveraae Extensions Extended Property Damage 2 Expanded Fire Legal Liability to Include Explosion, Lightning and Sprinkler Leakage 2 Coverage For Non -Owned Watercraft Extended to 51 Feet in Length 2 Newly Formed or Acquired Organizations- Extend The Reporting Requirement to 180 Days 7 Knowledge of Occurrence- Knowledge of an "occurrence", claim, or "suit' by your agent, servant, or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the 11 Named Insured has received such notice from the agent, servant, or employee Primary And Noncontributory- Other Insurance Condition 11 Waiver of Subrogation - Automatic Status When Required In A Written Contract 11 Additional Coveraaes Limit of Insurance Coverage D- Voluntary Property Damage Coverage $5,000 Occurrence 2 $10,000 Aggregate Coverage E - Care, Custody or Control Property $10,000 Occurrence Damage Coverage $25,000 Aggregate 3 Coverage F- Product Recall Expense $10,000 Each Recall $25,000 Aggregate $1,000 Deductible Coverage G - Water Damage Legal Liability $25,000 Aggregate Coverage H - Contamination or Pollution Coverage $100,000 Aggregate (Sudden And Accidental) Increase in Supplementary Payments Bail Bonds - $1,000 Loss of Earnings - $500 Additional Insured Coverages on a Primary and Non -Contributory Basis: Additional Insured- Owners, Lessees or Contractors- Automatic Status When Required In Construction Agreement With You Additional Insured- Lessor of Leased Equipment- Automatic Status When Required In Lease Agreement With You Additional Insured- Managers or Lessor of Premises- Automatic Status When Required In A Written Contract Additional Insured- Engineers, Architects or Surveyors Not Engaged by the Named Insured Aggregate Limits of Insurance Automatically Included - Per Location Subject to Cap 10 Automatically Included - Per Project Subject to Cap 10 NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 1 of 11 POLICY NUMBER: MP35280042 COMMERCIAL GENERAL LIABILITY NA CG 23A 03 21 NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY ENHANCED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES A. The following changes are made under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability: 1. Exclusion a. is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Expanded Fire Legal Liability The last paragraph under 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning,or smoke resulting from such fire, explosion, or lightning, or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. 3. Non -Owned Watercraft Exclusion g. (2) (a) is replaced by the following: g. Aircraft, Auto Or Watercraft (2) A watercraft you do not own that is: (a) Less than 51 feet long; and B. The following additional coverages are added to Section I - Coverages. Each of these additional coverages is subject to Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability and all other terms, limitations, conditions, exclusions and all other provisions of the policy except and to the extent otherwise specifically stated in this endorsement. COVERAGE D - VOLUNTARY PROPERTY DAMAGE COVERAGE 1. Insuring Agreement a. At your request, and whether or not you are legally obligated to pay, we will pay for "property damage" to property of others you cause while the property is in your possession or if the "property damage" arises out of "your work". b. Subject to Paragraph 5. of SECTION III - LIMITS OF INSURANCE, a $5,000 occurrence limit and a $10,000 aggregate limit is the most we will pay under Coverage D for damages because of "property damage". The aggregate limit is the maximum amount we will pay for all covered 'occurrences" during the policy period. NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office Inc., with its Permission. Page 2 of 11 c. Our duty to pay ends when we have paid the applicable Limit of Insurance in the payment of judgments or settlements under Coverage D. 2. Exclusions a. For purposes of Coverage D. only, Exclusion j. under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, is replaced by the following: Damage To Property "Property damage" to: (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use; (2) Property transported by or damage caused by any "automobile", "watercraft" or "aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use. COVERAGE E - CARE, CUSTODY OR CONTROL PROPERTY DAMAGE COVERAGE 1. Insuring Agreement a. We will pay for "property damage" to personal property in the care, custody or control of the insured subject to the following provisions, limitations and conditions: (1) Exclusion j.(4) under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, does not apply to Coverage E. (2) Subject to 5. of SECTION III - LIMITS OF INSURANCE, a $10,000 occurrence limit and a $25,000 aggregate limit is the most we will pay under Coverage E. The aggregate limit is the maximum amount we will pay for all covered "occurrences" during the policy period. (3) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage E., regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". COVERAGE F - PRODUCT RECALL EXPENSE 1. Insuring Agreement a. Notwithstanding Exclusion n. under Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, and subject to the limits shown in the Summary of Coverages, we will pay the "product recall expense" you incur as a result of a "product recall" you initiate during the coverage period. b. We will only pay for " product recall expense" arising out of "your products" which have been physically relinquished to others. c. This coverage is subject to a $10,000 each product recall limit and a $25,000 aggregate limit. The most we will pay for the sum of all "product recall expense" you incur as a result of all "product recalls" you initiate during the policy period shall not be greater than $25,000. d. Our right and duty to defend ends when we have used up the applicable Limit of Insurance in the payment of judgments or settlements under Coverage F. 2. Exclusions This insurance does not apply to "product recall expense" arising out of: a. Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product recall". NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 3 of 11 b. Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of "your product". c. The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. d. Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors. e. Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. f. "Bodily injury" or "property damage': g. Failure of "your product" to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. h. Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. L Legal fees or expenses. j. Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your product". k. "Product recall expense" arising from the "product recall" of any of "your products" for which coverage is excluded by endorsement. I. Any "product recall" initiated due to the expiration of the designated shelf life of "your product". 3. Conditions The following conditions are added to Coverage F. a. Duties In Event of Product Recall In the event of a "product recall", you must: (1) See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the "product recall" took place and estimated "product recall expense". (2) Take all reasonable steps to minimize "product recall expense". This will not increase the Limits of Insurance. (3) If requested, permit us to question any insured under oath at such times as may be reasonably required about any matter relating to this insurance orthe insured's claim, including your books and records. Your answers must be signed. (4) Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. (5) Cooperate with us in the investigation or settlement of any claim. (6) Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. 4. Definitions The following definitions are added: a. "Product recall" means a withdrawal or removal from the market of "your product" based on the determination by you or any regulatory or governmental agency that: (1) The use or consumption of "your product" has caused or will cause actual or alleged "bodily injury" or "property damage" and (2) Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user, to repair or replace "your product", but only if "your product" is unfit for use or consumption, or is hazardous as a result of: NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 4 of 11 (a) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of "your product"; or (b) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product" by someone other than you. b. "Product recall expense" means reasonable and necessary expenses for: (1) Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. (2) Transporting recalled products from any purchaser, distributor or user, to locations designated by you. (3) Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. (4) Transportation and accommodation expense incurred by your employees. (5) Rental expense incurred for temporary locations used to store recalled products. (6) Expenses incurred to properly dispose of recalled products, including packaging that cannot be reused. (7) Transportation expense incurred to replace recalled products. (8) Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall". COVERAGE G - WATER DAMAGE LEGAL LIABILITY 1. Insuring Agreement a. Notwithstanding Exclusion j.(1) under Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, we will pay for "property damage" to premises that are both rented to and occupied by you if the "property damage" happens during the policy period as the result of an "occurrence" and arises out of the injurious presence of water. b. Subject to Paragraph 5. of SECTION III - LIMITS OF INSURANCE, the most we will pay under Coverage G. is $25,000 aggregate per policy period. The aggregate limit is the maximum amount we will pay for all covered "occurrences" during the policy period. c. Our right and duty to defend ends when we have used up the applicable Limit of Insurance in the payment of judgments or settlements under Coverage G. COVERAGE H - CONTAMINATION OR POLLUTION COVERAGE (Sudden And Accidental For Contractors) A. The following provisions are added to Section I - Coverage A - Bodily Injury And Property Damage Liability. 1. LIMITED POLLUTION COVERAGE Exclusion f. under Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: This insurance does not apply to: f. Pollution (1) "Bodily injury' or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 5 of 11 (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants." This exclusion does not apply to that portion of any "bodily injury" or "property damage" which is caused by a "pollution incident", subject to the limits of insurance set forth below in this endorsement, but only if the following conditions are met: (a) The commencement time and date of such "pollution incident" can be identified with certainty, and such "pollution incident' commences at a specific time and date during the policy period; (b) Such "pollution incident' is an accident and unintentional release, discharge, emission or escape of "pollutants," is sudden and accidental and is neither expected nor intended by any insured; (c) Such "pollution incident' is not a repeat or resumption of a previous discharge, dispersal, release or escape of the same "pollutants" from essentially the same source within twelve (12) months of a previous discharge, dispersal, release or escape; (d) Such "bodily injury" or "property damage" is not caused or contributed to in any degree by any "pollution incident" that commenced prior to the beginning of the Policy Period shown in the Declarations; (e) Such "pollution incident' is discovered or otherwise becomes known to you within thirty (30) days of its commencement and is reported to us in writing within thirty (30) days after you first obtain knowledge of the "pollution incident'; (f) Such "pollution incident' did not result from or was not contributed to by your failure to comply with any government statute, rule, regulation, or order; 2. LIMITS FOR POLLUTION COVERAGE: The most we will pay for liability because of covered "bodily injury" and "property damage" caused by one or more "pollution incidents" shall not be greater than $100,000 in the aggregate per policy period. For the purpose of mitigating further "bodily injury" or "property damage" caused by a covered "pollution incident," $ 100,000 may be applied to costs or expenses incurred by any insured for cleaning up, removing or containing a covered "pollution incident' on the particular part of real property upon which the operations of the insured are conducted. This amount shall not be in addition to the limits set forth above, but such amounts shall reduce such applicable limits. When this limit is used up, we shall have no further obligation to defend claims or "suits" seeking such damages or pay such damages or defense expense. This coverage does not apply to Coverage B - Personal And Advertising Injury Liability 3. NON -EXTENSION OF COVERAGE: The only coverage provided under this policy for liability in any way relating to, or caused by, any "pollution incident" is that which is set forth in this endorsement. 4. DEFINITIONS All provisions of the POLICY DEFINITIONS portion of this insurance remain unchanged except as modified by the following: For purposes only of the coverages addressed in this endorsement, the definition of "property damage" is replaced with the following: "Property Damage" means: a. Physical Injury to, destruction of, or contamination of tangible property, including all resulting loss of use of that property; or b. Loss of use of tangible property that is not physically injured, destroyed or contaminated but has been evacuated, withdrawn from use or rendered inaccessible because of a "pollution incident." c. Any loss, cost, or expense which you become legally obligated to pay, provided that you receive notice asserting such obligation during the policy period or within 30 days thereafter, and provided further that such "loss," cost or expense arises out of: (1) A request, demand or order that any insured or others test for, monitor, clean-up, remove, contain, NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 6 of 11 treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants;" or (2) A claim or legal proceeding by or on behalf of a governmental authority for payments because of testing for, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants." "Pollution Incident" means an "occurrence" consisting of any actual emission, discharge, release, or escape of any "pollutant' into or upon land, the atmosphere, any watercourse or body of water, or any building or dwelling, provided that such emission, discharge, release or escape results in "environmental damage." The entirety of any such actual emission, discharge, release or escape shall be deemed to be one "pollution incident." "Pollutant" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, waste and saline substances. Waste includes materials to be recycled, reconditioned or reclaimed. "Environmental Damage" means any injurious presence actually in or upon land, the atmosphere, any watercourse or body of water, or any building or dwelling, of any "pollutant." SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. SUPPLEMENTARY PAYMENTS -COVERAGES A AND B is amended as follows: a. To read SUPPLEMENTARY PAYMENTS -ALL COVERAGES b. The following language is added at the end of Paragraph 1. However, we shall have none of the duties set forth above when this insurance applies only for Coverage D., Coverage E., or both, and we have paid the Limit of Liability or the Aggregate Limt for these additional coverages. c. Bail Bonds Paragraph 1.b. is replaced by the following: 1. We will pay, with respect to any claim we investigate or settle, or any "suit' against an insured we defend: b. Up to $1,000 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 applies. We do not have to furnish these bonds. d. Loss of Earnings Paragraph 1.d. is replaced by the following: 1. We will pay, with respect to any claim we investigate or settle, or any "suit' against an insured we defend: d. 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 $500 a day because of time off from work. SECTION II - WHO IS AN INSURED A. The following changes are made to SECTION II -WHO IS AN INSURED 1. Extended Reporting Requirements Paragraph 3.a. is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; B. The following provisions are added to SECTION II - WHO IS AN INSURED: NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 7 of 11 4. Additional Insured -Owners, Lessees or Contractors- Automatic Status When Required In Construction or Service Agreement With You Each of the following is an insured: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: (1) Your acts or omissions, or the acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or (2) "Your work" specified in the "written contract" but only for "bodily injury", "property damage" or "personal and advertising injury" included in the "products -completed operations hazard"; However, the insurance afforded to such additional insureds described in Paragraphs a. and b. above, only applies to the extent permitted by law and will not be broader than that which you are required by the contract or agreement to provide for such additional insureds. c. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. d. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement you have entered into with the additional insured; or (2) Available under the applicable Limits of Insurance; whichever is less. This coverage shall not increase the applicable Limits of Insurance. 5. Additional Insured - Lessor of Leased Equipment- Automatic Status When Required In Lease Agreement With You Each of the following is an insured: a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 8 of 11 However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance; whichever is less. This coverage shall not increase the applicable Limits of Insurance. 6. Additional Insured - Managers or Lessors of Premises Each of the following is an insured: a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person(s) or organization(s). However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance; whichever is less. This coverage shall not increase the applicable Limits of Insurance. 7. Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured Each of the following is an insured: a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" which may be imputed to that architect, engineer or surveyor arising out of: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 9 of 11 in the performance of your ongoing operations performed by you or on your behalf. Such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: The insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. SECTION III - LIMITS OF INSURANCE A. Paragraphs 2., 3., and 6. of SECTION III - LIMITS OF INSURANCE are replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B; and d. Damages under Coverage G. e. Damages under Coverage H. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" and Coverage F. 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, or smoke resulting from such fire, explosion, or lightning, or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. B. The following are added to SECTION III - LIMITS OF INSURANCE: 8. Aggregate Limits of Insurance ( Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 9. Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to each of your "construction projects" away from premises owned by or rented to you. "Construction Project" means "your work" conducted according to a single plan. NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 10 of 11 10. Even though the General Aggregate Limit applies separately to each of your "locations" and each of your "construction projects", the most we will pay under this policy is three times the General Aggregate Limit regardless of the number of "locations", "construction projects", 'occurrences", "insureds", claims, "suits", or persons or organizations making claims or bringing "suits". SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS A. The following is added to Paragraph 4. Other Insurance: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. B. Paragraphs 2.a. and b. are replaced with the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the Named Insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: (1) How, when and where the "occurrence" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit' is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit' and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit' as soon as practicable. Knowledge of a claim or "suit' by your agent, servant or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the Named Insured has received such notice from the agent, servant or employee. C. The following is added to Paragraph 2.c.: 2. Duties In The Event Of Occurrence, Offense, Claim or Suit c. You and any other involved ins ured must: (5) Upon our request, replace or repair the property covered under Coverage D - Voluntary Property Damage at your actual cost, excluding profit or overhead. D. Paragraph 8. is modified by adding the following sentence: 8. Transfer Of Rights Of Recovery Against Others To Us We waive our right to recovery against any person or organization for whom the insured is operating under a written contract when such contract requires a waiver of subrogation, and such contract is executed before the "property damage" or "bodily injury" occurs or the "personal and advertising" offense is committed. NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 11 of 11 006213-1 PERFORMANCE BOND Page I of 3 Bond No. S7A2S00002448 1 SECTION 00 62 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, D.T. UTILITY CONTRACTORS, INC., known as "Principal" herein and 9 AMERICAN ALTERNATIVE INSURANCE CORPORATION,a corporate surety(sureties, if 10 more than one) duly authorized to do business in the State of Texas, known as "Surety" herein 11 (whether one or more), are held and firmly bound unto the Developer, FG ALEDO 12 DEVELOPMENT, LLC, authorized to do business in Texas ("Developer") and the City of Fort 13 Worth, a Texas municipal corporation ("City"), in the penal sum of EIGHT MILLION NINE 14 HUNDRED FORTY FIVE THOUSAND EIGHT HUNDRED FIFTY EIGHT DOLLARS 15 AND NO CENTS ($8,945,858.00), lawful money of the United States, to be paid in Fort Worth, 16 Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the 17 Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, 18 successors and assigns, jointly and severally, firmly by these presents. 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number --D and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 23 the 4 day of 7-r� , 2011 , which Contract is hereby referred to and made a 24 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 25 and other accessories defined by law, in the prosecution of the Work, including any Change 26 Orders, as provided for in said Contract designated as MORNINGSTAR — WESTPOINT AND 27 INDIGO SKY ROAD. CITY OF FORT WORTH MORNINGSTAR— WESTPOINT STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 104118 Revised January 31, 2012 006213-2 PERFORMANCE BOND Page 2 of 3 I NOW, THEREFORE, the condition of this obligation is such that if the said Principal 2 shall faithfully perform it obligations under the Contract and shall in all respects duly and 3 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 4 specifications, and contract documents therein referred to, and as well during any period of 5 extension of the Contract that may be granted on the part of the Developer and/or City, then this 6 obligation shall be and become null and void, otherwise to remain in full force and effect. 7 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 8 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 9 Worth Division. 10 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 1 l Texas Government Code, as amended, and all liabilities on this bond shall be determined in 12 accordance with the provisions of said statue. 13 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 14 this instrument by duly authorized agents and officers on this the day of 15 .209) . 16 17 18 19 20 21 22 23 T: 24 ' 25 �_- 26 ( rincipal) Secretary 27 28 29 30 31 jWess M4Principal 32 33 34 35 36 37 38 39 40 41 42 43 PRINCIPAL: D.T. UTLITY CONTRACTOR, INC. BY: 14 Signature COLTON TOLLETT, VICE PRESIDENT Name and Title Address: 2614 CAUSBIE ROAD WEATHERFORD, TEXAS 76087 SURETY: American Alternative Insurance CUrnoration BY: Signature Russ Frenzel, Attorney -in -Fact Name and Title Address: 555 College Road East P.O. Box 5241 CITY OF FORT WORTH MORNINGSTAR — WESTPOINT STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 104118 Revised January 31, 2012 1 2 3 4 5 6 006213-3 PERFORMANCE BOND Page 3 of 3 Princeton, NJ 08543 Telephone Number: (609) 243-4200 7 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 8 from the by-laws showing that this person has authority to sign such obligation. If 9 Surety's physical address is different from its mailing address, both must be provided. 10 11 The date of the bond shall not be prior to the date the Contract is awarded. 12 CITY OF FORT WORTH MORNINGSTAR — WESTPOINT STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 104118 Revised January 31, 2012 006214-1 PAYMENT BOND Pagel of 3 Bond No. S7A2S00002448 1 SECTION 00 62 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, D.T. UTILITY CONTRACTORS, INC. , known as "Principal' herein and 8 AMERICAN ATLTERNATIVE INSURANCE CORPORATION, a corporate surety ( or 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, FG 11 ALEDO DEVELOPMENT, LLC, authorized to do business in Texas "(Developer"), and the 12 City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of EIGHT 13 MILLION NINE HUNDRED FORTY FIVE THOUSAND EIGHT HUNDRED FIFTY 14 EIGHT DOLLARS AND NO CENTS ($8,945,858.00), lawful money of the United States, to 15 be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be 16 made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, 17 executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number �� ;and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the �< day of Cintoe 20,V -, which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as MORNINGSTAR — WESTPIONT 26 AND INDIGO SKY ROAD 27 28 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 29 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 30 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 31 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 32 force and effect. CITY OF FORT WORTH MORNINGSTAR— WESTPOINT STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 006214-2 PAYMENTBOND Page 2 of 3 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the AR t4 day of 6 h e.r . 20 ,V 7 8 9 10 11 12 13 ATTEST: (Principal) Secretary ess as to Prin ipal ATTEST: N/A (Surety) Secretary MWitns urety Yamillec Ramos PRINCIPAL: D.T. UTILITY CONTRACTORS, INC. BY: Signature COLTON TOLLETT, VICE PRESIDENT Name and Title Address: 2614 CAUSBIE ROAD WEATHERFORD, TEXAS 76087 "_41ki *Val American Alternative Insurance Corporation BY: Signature Russ Frenzel, Attorney -in -Fact Name and Title Address: 555 College Road East P.O. Box 5241 Princeton, NJ 08543 Telephone Number: (6091243-4200 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 00 62 14 - 3 PAYMENT BOND Page 3 of 3 END OF SECTION CITY OF FORT WORTH MORNINGSTAR— WESTPOINT STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 006219-1 MAINTENANCE BOND Pagel of 3 Bond No. S7A2S00002448 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 8 That we D.T. UTILITY CONTRACTORS, INC., known as "Principal" herein and 9 AMERICAN ALTERNATIVE INSURANCE CORPORATION, a corporate surety (sureties, if 10 more than one) duly authorized to do business in the State of Texas, known as "Surety" herein 11 (whether one or more), are held and firmly bound unto the Developer, FG ALEDO 12 DEVELOPMENT, LLC, authorized to do business in Texas ("Developer") and the City of Fort 13 Worth, a Texas municipal corporation ("City"), in the sum of EIGHT MILLION NINE 14 HUNDRED FORTY FIVE THOUSAND EIGHT HUNDRED FIFTY EIGHT DOLLARS 15 AND NO CENTS ($8,945,858.00), lawful money of the United States, to be paid in Fort Worth, 16 Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the 17 Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, 18 executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 19 20 WHEREAS, Developer and City have entered into an Agreement for the construction of 21 community facilities in the City of Fort Worth by and through a Community Facilities 22 Agreement, CFA Number /�3 �GYZ�p ;and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer 24 awarded the day of -S�Ap/Por be.- 202 which Contract is 25 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 26 materials, equipment labor and other accessories as defined by law, in the prosecution of the 27 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 28 the "Work") as provided for in said Contract and designated as MORNINGSTAR — 29 WESTPOINT AND INDIGO SKY ROAD 30 31 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 32 accordance with the plans, specifications and Contract Documents that the Work is and will 33 remain free from defects in materials or workmanship for and during the period of two (2) years 34 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CITY OF FORT WORTH MORNINGSTAR— WESTPOINT STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 006219-2 MAINTENANCE BOND Page 2 of 3 1 2 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 3 upon receiving notice from the Developer and/or City of the need thereof at any time within the 4 Maintenance Period. 5 6 NOW THEREFORE, the condition of this obligation is such that if Principal shall 7 remedy any defective Work, for which timely notice was provided by Developer or City, to a 8 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 9 remain in full force and effect. 10 11 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 12 noticed defective Work, it is agreed that the Developer or City may cause any and all such 13 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 14 by the Principal and the Surety under this Maintenance Bond; and 15 16 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 17 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 18 Worth Division; and 19 20 PROVIDED FURTHER, that this obligation shall be continuous in nature and 21 successive recoveries may be had hereon for successive breaches. 22 23 24 CITY OF FORT WORTH MORNINGSTAR — WESTPOINT STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the �AA day of 3 , 20 2,L. 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 ATTEST: 1 ATTEST: N/A PRINCIPAL: D.T. UTILITY CONTRACTORS, INC. BY: .0 ��� Signature COLTON TOLLETT, VICE PRESIDENT Name and Title Address: 2614 CAUSBIE ROAD WEATHERFORD, TX. 76087 SURETY: American Alternative Insurance Corporation BY: Signature Russ Frenzel, Attorney -in -Fact Name and Title Address: 555 College Road East (Sure ) Secretary P.O. Box 5241 Princeton, NJ 08543 Wifi as Surety YamilleC Ramos Telephone Number: (609) 243-4200 *Not • I igned 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 MORNINGSTAR — WESTPOINT STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That the AMERICAN ALTERNATIVE INSURANCE CORPORATION, a corporation organized and existing by virtue of the laws of the State of Delaware ("Corporation") with offices at 555 College Road East, Princeton, N.J. 08543, has made, constituted and appointed, and by these presents, does make, constitute and appoint: Russ Frenzel; Blaine Allen; Brady K. Cox; William D. Baldwin; Brent Baldwin; Michael B. Hill; Keith Rogers; Drew Green; Sam Freireich; Brock Anglin; Cindy Alford; and Yamillec Ramos its true and lawful Attorneys -in -Fact, at Princeton, in the State of New Jersey, each of them alone to have full power to act without the other or others, to make, execute and deliver on its behalf, as Surety or Co -surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate said Company for any portion of the penal sum thereof in excess of the sum of One Hundred Million Dollars (> 100.000,0001. Such bonds and undertakings for said purposes, when duly executed by said Attorney(s)-in-Fact, shall be binding upon said Company as fully and to thesame extent as if signed by the President of said Company under its corporate seal attested by its Secretary. This appointment is made under and by authority of a certain Resolution adopted at a meeting of the Board of Directors of said Company duly held on the 27th day of August, 1975, a copy of which appears below. IN WITNESS WHEREOF, the AMERICAN ALTERNATIVE INSURANCE CORPORATION has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 24"' day of September, 2021. �aauun,uo�,,, �4_���p1\VEINSU� v'; GORPORgTF yo : Michael G. Kerner President -, s • 1923 , ��'''lq�OFDEIt+'NPQ°�` d° Ar— W Attest: Ir ; njt:,iisxenn Deputy General Counsel & Secretary STATE OF NEW JERSEY, COUNTY OF SOMERSET The foregoing instrument was acknowledged before me by means of online notarization this 24rh day of September, 2021, by Michael G. Kerner and Ignacio Rivera, who are personally known to me. SECRETARY'S CERTIFICATE The undersigned. Ignacio Rivera, hereby certifies: 41 t (1 JSatrfilippo othry Pu is 8)11. Of New rs eY My Commission Expires February 8, 2026 1. That the undersigned is Secretary of American Alternative Insurance Corporation, a corporation of the State of Delaware: 2. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of said Corporation on the day of its date, and has not since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereofwith said original power of attomey, and that the same is a true and correct copy of said original power of attomey and of the whole thereof; 3. That the original resolution of which the following is a copy was duly adopted at, and recorded in the minutes of, a regular meeting ofthe Board of Directors of said Corporation duly held on August 4, 1998, and has not since been revoked, amended or modified. RESOLVED, that each of the following officers of this Corporation, namely, the President, the Executive Vice President, the Senior Vice Presidents, and the Vice Presidents, be, and they hereby are, authorized, from time to time in their discretion, to appoint such agent or agents or attomey or attomeys-in-fact as deemed by them necessary or desirable for the purpose of carrying on this Corporation's business, and to empower such agent or agents or attomey or attomeys-in-fact to execute and deliver, in this Corporation's name and on its behalf, and under its seal or otherwise, surety bonds, surety undertakings or surety contracts made by this Corporation as surety thereon. RESOLVED, that the signature of any authorized officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney and revocation of any power of attomey or certificate of either given for the execution of any surety bond, surety undertaking, or surety contract, such signature and seal, when so used being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed. FURTHER RESOLVED, that any prior appointments by the Corporation of MGAs are, in all respects, hereby ratified, confirmed and approved. FURTHER RESOLVED, that the Secretary or any Assistant Secretary of this Corporation is hereby authorized to certify and deliver to any person to whom such certification and delivery may be deemed necessary and desirable in the opinion of such Secretary or Assistant Secretary, a true copy of the foregoing resolution. 4. The undersigned has compared the foregoing copies of said original resolutions as so recorded, and they are the same true and correct copies of said original resolutions as so recorded and ofthe whole thereof. ��7� Witness the hand ofthe undersigned and the seal ofsaid Corporation this�XAday of Se 2l' `` �apl\VEINSORq�,'CE.,,' AMERICAN ALTERNATIVE INSURANCE CORPORATION �oRPoagrF` = -.,��••. SEAL : i � , , ''--,sl., is23.,es, �,.� fatteati}apt�t�tww�.+t �4F3 aft"i`��'iiTS Ignacio Rivera Deputy General Counsel & Secretary TRS-1001-1 M u ni c h R E i]m"n-�AMM MIS Should you wish to verify the authenticity of this bond, please send your request, including a copy of the bond, via email to: i Should you wish to file any notices to the Surety for this American Alternative Insurance Corporation bond(s) they should be sent via email, including all pertinent correspondence or information to: r•Ti Mail to: Munich Re Specialty Insurance 437 Madison Avenue, 26th Floor New York, NY 10022 Attn: Surety Bond Claims PAVING CONTRACT FORMS GILCO CONTRACTING, INC. 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 1 of3 SECTION 00 4100 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: FG ALEDO DEVELOPMENT, LLC. 3045 LACKLAND ROAD FORT WORTH, TEXAS 76116 FOR: MORNINGSTAR — WESTPOINT PARKWAY and NORTH INDIGO SKY DRIVE PAVING, DRAINAGE, SEWER, WATER AND STREET LIGHT IMPROVEMENTS City Project No: 104118 FID No.: 30114-0200431-104118-EO7685 IPRC: 22-0065 Units/Sections: PAVING, DRAINAGE, SEWER, WATER AND STREET LIGHT IMPROVEMENTS 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements in the construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sliam Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS 00 4100 Bid Form— DAP.docx Form Revised April 2, 2014 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 2 of 3 artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. 'coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: d. STREET PAVEMENT 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 85 working days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones) within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 f. Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre -qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM— DEVELOPER AWARDED PROJECTS 004100 Bid Form — DAP.docx Form Revised April 2, 2014 00 41 00 DAP BID FORM FOR PUBLICLY RID PROJECTS ONLY Page 3 of 3 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid Alternate Bid Deductive Alternate Additive Alternate TOTAL BID 7. Bid Submittal This Bid is submitted on JULY 15, 2023 Respectfully submi ed, M By: 4t� -� (Signature) LEIA MCQUIEN (Printed Name) Title: VICE PRESIDENT, OPERATIONS <fitle or Office> Company: GILCO CONTRACTING, INC. <Company Name> Address: 6331 SOUTHWEST <Address > <Address if applicable, otherwise delete> BENBROOK, TEXAS, 76132 <City, State, Zip Code> State of Incorporation: TEXAS Email: leia(ri gilcocontracting.com Phone: (817) 735-1600 END OF SECTION $3,477,671.95 1 $3,477,671.95 I, by the entity named below Receipt is acknowledged of the Initial following Addenda: Addendum No. 1 , Addendum No. 2 j Addendum No. 3 1 Addendum No. 4 CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 ti- - r,.�,� �. 004243 DAP - BID PROPOSAL SECTION 00 42 43 Page 6of8 Developer Awarded Projects - PROPOSAL FORM CONTRACT: 8/14/2023 MORNINGSTAR - WESTPOINT PARKWAY CPN: 104118 IPRC22-0221 UNIT PRIDE BID Bidder's Applicadon Project Item Information Bidder's Proposal Bidlist I Description I Specification I Unit of I Bid Unit Price I Bid Value Item No. Section No. Measure Quantity UNIT IV: PAVING IMPROVEMENTS 4-1 9999.0401 7.5" Conc. Pvmt (Indigo Sky Drive) - 4,000 psi 32 13 13 SY 3,968 $61.95 $245,817.60I (#3@18) 4-2 3211.0502 8" Lime Treatment 321129 SY 4,226 $4.50 $19,017.001 4-3 3211.0400 Hydrate Lime 32 11 29 TN 64 $288.60 $18,470.401 4-4 9999.0402 7.5" "Stamped" Conc. Pvmt (I1-footwidth-diameter) 32 13 13 SY 323 $255.55 $82,542.65 Central Island, (Westpoint) - 4,000 psi (#3@18) Truck Apron 4-5 3211.0502 8" Lime Treatment 32 11 29 SY 344 $4.50 $1,548.00 4-6 3211.0400 Hydrate Lime 32 1129 TN 5 $288.60 $1,443.00 4-7 3216.0102 7" Concrete Curb (Central Island Curb) 32 16 13 LF 230 $35.95 $8,268.50 4-8 3213.0104 9.0" Conc. Pvmt (Westpoint) - 4,000 psi (#4@18) 32 13 13 SY 25,650 $73.05 $1,873,732.50 4-9 3211.0502 8" Lime Treatment 32 1129 SY 27,317 $4.50 $122,926.50 4-10 3211.0400 Hydrate Lime 32 1129 TN 547 $288.60 $157,864.20 4-11 9999.0403 4" or 6" Splitter Island (Round -about) 32 1320 SF 1,189 $30.30 $36,026.70 4-12 9999.0404 10' Stamped Colored Concrete Cross -walks 32 1320 SF 1,761 $30.30 $53,358.30 4-13 3213.0302 5-foot, 4" Concrete Sidewalk 32 1320 SF 250 $6.00 $1,500.00 4-14 3213.0302 6-foot, 4" Concrete Sidewalk 32 1320 SF 4,828 $6.00 $28,968.00 4-15 9999.0405 Transition Areas 6to I O' width 32 1613 SF 1,780 $6.001 $10,680.00 4-16 9999.0406 10-foot, 4" Concrete Sidewalk 32 1320 SF 79,004 $6.001 $474,024.00 4-17 3213.0506 Barrier Free Ramp - Type P-I (Modified) 32 1320 I EA 14 $2,950.001 $41,300.00 4-18 3213.0504 Barrier Free Ramp - Type M-2 32 1320 1 EA 8 $3,060.001 $24,480.001 4-19 3213.0509 Barrier Free Ramp - Type C-2 32 1320 I EA 4 $1,300.001 $5,200.001 4-20 3217.0501 White Stop Bar I 32 1723 I LF 22 $16.801 $369.601 4-21 3217.0102 6" Yellow Solid (Double) I 32 1723 LF 430 $4.351 $1,870.501 4-22 3217.0101 6" White Solid I 32 1723 I LF 2,958 I $2.201 $6,507.601 4-23 9999.0407 6" White Dash w/Type II CR 4" RPM'S I 32 1723 I LF 6,590 ( $2.901 $19,11 I.001 4-24 13217.0201 8" White Solid - Round -about 32 1723 I LF 770 1 $2.701 $2,079.001 4-25 13217.0201 8" White Solid - 2" Dash - Round -about I 32 1723 I LF I 220 I $2.701 $594.001 4-26 13217.0201 8" White Solid - 3" Dash - Round -about I 32 1723 1 LF I 41 I $2.701 $110.70 4-27 13217.0302 12" White Solid Crosswalk Strip 32 1723 I LF I 324 I $8.551 $2,770.20 4-28 13217.0402 18" White Solid I 321723 I LF I 1,514 I $12.051 $18,243.70 4-29 13217.0403 18" Yellow Solid 32 1723 I LF I 31 I $12.051 $373.55 4-30 13217.1009 Words and Arrow I 32 1723 EA I 28 I $788.251 $22,071.001 4-31 13217.0502 24" White Contrast Crosswalk 32 1723 I LF I 89 I $26.751 $2,380.751 4-32 19999.0408 Street Barricade Type III (street dead ends) 31 3600 I LF I 176 I $50.001 $8,800.001 4-33 I3124.0101 Embankment Plan (Parkway/Median Acceptable 31 24 00 CY I 1,933 I $52.00 $100,516.00 Backfill) I 4-34 13292.0100 Block Sod Placement (Central Island in Round -about) 3292 13 SY I 4,075 $5.921 $24,124.001 I 4-35 13292.0400 Seed Hydromulch (Parkways and Medians) 32 92 14 I SY I 11,600 $1.531 $17,748.001 3441.4003 Furnish & Install Ground Mount Post, unless at the 4-36 intersection, mount to Street Light corner w/Stop & Directive Signs I 34 41 30 FA I 12 $350.00 $4,200.00 4-37 19999.0409 Street Name Plates for Street Intersection (D3-1) 3441 30 1 FA I 12 I $695.001 $8,340.001 4-38 I9999.0410 Miscell Sign with Steel Posts (See Sheet 86) 3441 30 1 [A I 73 1 $415.001 $30,295.001 I UNIT IV: PAVING IMPROVEMENTS I I I TOTAL 1 $3,477,671.951 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version April 2, 2014 00 42 43 - BIDDING - MORNINGSTAR - WESTPOINT PARKWAY - 08-14-23.xis SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM MORNINGSTAR - W ESTPOINT PARKWAY UNIT PRICE BID Project Item Information 004243 DAP - BID PROPOSAL Page 8 of 8 CONTRACT: 8/14/2023 CPN: 104118 IPRC22-0221 Bidder's Application Bidder's Proposal Bidlist Description Specification Unit of Bid Unit Price Bid Value Item No. Section No. Measure Quantity Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS $3,477,671.95 UNIT V: STREET LIGHTING IMPROVEMENTS Total Construction Bid $3,477,671.95 Contractor agrees to complete WORK for FINAL ACCEPTANCE within $5X la ` =working days after the date when the CONTRACT commences to run as provided in the General Conditions. WATER IMPROVEMENTS working days. SANITARY SEWER IMPROVEMENTS working days. DRAINAGE IMPROVEMENTS working days. PAVING IMPROVEMENTS 85 working days. STREET LIGHT IMPROVEMENTS working days. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version April 2, 2014 00 42 43 - BIDDING - MORNINGSTAR - WESTPOINT PARKWAY - 08-14-23.xls 0045 12 DAP PREQUALIFWATION STATEMENT Past I of t 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 "Maior Work Tvve" box provide the complete maior work tvpe and actual description as provided by the Water Department for water and sewer and TPW for paving. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date PAVING GILCO CONTRACTING, INC. JAN. 1, 2025 Six-inch concrete on Residential Streets with sidewalks and Signs _ The undersigned hereby certifies that the contractors and/orsubcon tractors described in the table above are currently prequalified for the work types listed. BIDDER: GILCO CONTRACTING, INC. By: Leia McQuien Company (Please Print) 6331 Southwest Blvd. Signature: Address Benbrook, Texas 76132 Title: Vice President Operations City/State/Zip (Please Print) Date: August 16, 2023 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPE R AWARDED PROJECTS 004512_Prequalllication Statement 2015_DAP GILCO.do" 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 LAVA' 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. 104118. 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: GILCO CONTRACTING, INC. Company 6331 Southwest Blvd. Address Benbrook, Texas 76132 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By: Leia McQuien (P ase Print Signature: Title: Vice President Operations (Please Print) BEFORE ME,_the undersigned authority, on this day personally appeared Leia McQueen , 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 Gilco Contracting, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 16 day of August , 20-3 MARY GRANADOS Notary ID #134265935 Notary Pfyc in and for the State of Texas My Commission Expires c/ �'FOF March 22, 2027 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 MORNINGSTAR — WESTPOINT SLVD CITY PROJECT NO.: 104118 005243-1 Developer Awarded Project Agreement Pagel of4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on V-17-23is made by and between the Developer, 4 F. G. ALEDO DEVELOPMENT, LLC, authorized to do business in Texas ("Developer"), and 5 GILCO CONTRACTING, INC., authorized to do business in Texas, acting by and through its 6 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 MORNINGSTAR — WESTPOINT BLVD. and NORTH INDIGO SKY DRIVE 16 CITY PROJECT NO.: 104118 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 85 working days after the date 23 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 24 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 ONE THOUSAND DOLLARS, ($1,000) for each day that expires after the 35 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 36 of Acceptance. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised June 16,2016 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 37 Article 4. CONTRACT PRICE 38 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of. THREE MILLION FOUR HUNDRED SEVENTY 40 SEVEN THOUSAND SIX HUNDRED SEVENTY ONE DOLLARS AND NINETY FIVE 41 CENTS, ($3,477,671.95), 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CONTENTS: 44 A. The Contract Documents which comprise the entire agreement between Developer and 45 Contractor concerning the Work consist of the following: 46 1. This Agreement. 47 2. Attachments to this Agreement: 48 a. Bid Form (As provided by Developer) 49 1) Proposal Form (DAP Version) 50 2) Prequalification Statement 51 3) State and Federal documents (project specific) 52 b. Insurance ACORD Form(s) 53 c. Payment Bond (DAP Version) 54 d. Performance Bond (DAP Version) 55 e. Maintenance Bond (DAP Version) 56 f. Power of Attorney for the Bonds 57 g. Worker's Compensation Affidavit 58 h. MBE and/or SBE Commitment Form (If required) 59 3. Standard City General Conditions of the Construction Contract for Developer 60 Awarded Projects. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 75 CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised June 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of 4 76 Article 6. INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of, the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This indemnification provision is specifically intended to overate 82 and be effective even if it is alleeed or proven that all or some of the damaees being 83 soueht were caused, in whole or in part, by any act, omission or neelieence of the city. 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs, expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city, its officers, servants and employees, from and against any and all loss, damage 90 or destruction of property of the city, arising out of, or alleged to arise out of, the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 vrovision is specifically intended to overate and be effective even if it is alleeed or 94 proven that all or some of the damaees beine sought were caused, in whole or in part. 95 by any act, omission or neelieence of the city. 96 97 Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 100 the Construction Contract for Developer Awarded Projects. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the Developer. 104 7.3 Successors and Assigns. 105 Developer and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon DEVELOPER and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised June 16, 2016 00 52 43 - 4 Devel operAwarded Project Agreement Page 4 of 4 117 118 7.6 Authority to Sign. 119 Contractor shall attach evidence of authority to sign Agreement, if other than duly 120 authorized signatory of the Contractor. 121 122 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 123 counterparts. 124 125 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 126 Contractor: Developer: GILCO CONTRACTING, INC. F.G. ALEDO DEVELOPMENT, LLC. By: By: (Signature) *(Signature) Leia McQuien (Printed Name) Title. Vice President Operations Company Name: GILCO CONTRACTING, INC. Address: 6331 SOUTHWEST BLVD. City/State/Zip: BENBROOK, TEXAS 76132 Date 127 491I (Printed Name) Title: A!rly � Company name: F.G. ALEDO DEVELOPMENT, LLC. Address: 3045 LACKLAND ROAD City/State/Zip: FORT WORTH, TEXAS 76116 Date CITY OF FORT WORTH MORNINGSTAR — W ESTPOINT BLVD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised June 16, 2016 SPECIAL CONDITIONS TO THE AGREEMENT Notwithstanding any other items, conditions or provisions of the general or special conditions or any other provision of the Contract Documents to the contrary, Morningstar Ranch Municipal Utility District Nos. 1 and 2 ("District") and/or the City of Fort Worth ("City") when dictated by an applicable contract shall be deemed and considered as Owner for all purposes under the Contract Documents, except that FG Aledo Development, LLC. ("Developer") shall be considered the "Owner" for purposes of approving requests for and making payments to Contractor of all or any portion of the Contract Price and for paying all or any damages that might ever be due, including any costs associated with any change orders to the Contract. After submission to and approval by District and by Developer of the invoices, certificates and supporting documentation in connection with a request for payment, Contractor agrees to and shall look solely to Developer for payment of such invoices. Developer agrees to pay Contractor's invoices for work performed, subject to the terms of the Contract, in an aggregate amount not to exceed the Contract Price, plus change orders and extras approved by District and by Developer. Failure by Developer to make such payments to Contractor shall constitute a default by Owner and shall entitle Contractor to all rights and remedies arising under the Contract Documents for a default in payment of sums due Contractor pursuant to the Contract Documents; provided, however, District and/or City shall have no obligation for payment of sums due or to become due under the approved invoices or any part of the Contract Price. Neither the District nor the City is holding any security to guarantee payment for work performed on the Project. Developer reserves the right to assign its obligations hereunder to District and/or City subject to written acceptance thereof by District and/or City, respectively. A copy of any such assignment and the acceptance thereof shall be provided to Contractor, and thereafter assignee shall be obligated to make all payments thereafter becoming due to Contractor pursuant to this Contract and the obligations of the assignor contained in the first paragraph of these Special Conditions shall terminate. For purposes of convenient administration of this Contract, District may from time to time make payments due Contractor pursuant to this Contract from funds advanced to District by Developer; provided, however, no such payment by District will obligate District to make further payments due Contractor pursuant to this Contract unless and until District has accepted an assignment of Developer's obligations hereunder and a copy of the assignment and District's acceptance is delivered to Contractor, whereupon District shall become liable for payment to the extent of the assignment. If Developer breaches its obligations in any respect under the Contract, before exercising any remedy Contractor shall give written notice to District and City at the address below specifying the breach and the steps necessary to cure the breach and District shall have the right and power, within thirty (30) days after receipt of such notice, to cure or cause the breach to be cured, if it so elects, before Contractor exercises any of its remedies under the Contract. The undersigned CONTRACTOR does hereby release the City and District from any and all claims related to any failure of payment for work performed on the project by or through Contractor. The undersigned CONTRACTOR agrees, covenants and represents that. it will include this Special Conditions to the Agreement in all of its subcontracts. On Behalf of Morningst anch MUD Nos. 1 and 2 l/ On Behalf of Developer On Behalf of Contractor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 006125-1 CERTIFICATE OF INSURANCE Page I of I SECTION 00 6125 CERTIFICATE OF INSURANCE INSERT CERTIFICATE OF INSURANCE DOCUMENTS END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 MORNINGSTAR— WETPOINT BLVD CITY PROJECT NO: 104118 Policy Number TB7-Z91-473015-023 Issued by Liberty Insurance Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF -INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY - UMBRELLA COVERAGE FORM A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule of this endorsement. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. Name of Other Person(s) / Organization(s): Per Schedule On File With The Company Schedule Email Address or mailing address Per Schedule On File With The Company Number Days Notice: 30 LIM 99 01 05 11 © 2011, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: AS7-Z91-473015-013 Issued By: Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF -INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Other Person(s)/ Email Address or mailing Organization(s): address: Per schedule on File With The Company Number Days Notice: 30 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 0105 11 © 2011, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 7-84) 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 cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: Gilco Contracting, Inc. 6331 southwest Blvd Benbrook, TX 76132 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. WC2-Z91-473015-033 Endorsement No. Insured: Gilco Contracting, Inc.. Premium Insurance Company Liberty Mutual Fire Insurance Company Countersigned by WC420601 (Ed. 7-84) Policy Number TB7-Z91473015-023 Issued by Liberty Insurance Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF -INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY - UMBRELLA COVERAGE FORM A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule of this endorsement. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. Name of Other Person(s) / Organization(s): Per Schedule On File With The Company Schedule Email Address or mailing address Per Schedule On File With The Company Number Days Notice: 30 LIM 99 01 05 11 © 2011, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: AS7-Z91-473015-013 Issued By: Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF -INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Other Person(s)/ Email Address or mailing Organization(s): address: Per Schedule On File With The Company Number Days Notice: 30 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 0105 11 © 2011, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 7-84) 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 cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: Gilco Contracting, Inc. 6331 southwest Blvd Benbrook, TX 76132 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. WC2-Z91-473015-033 Endorsement No. Insured: Gilco Contracting, Inc.. Premium Insurance Company Liberty Mutual Fire Insurance Company Countersigned by WC420601 (Ed. 7-84) 006213-1 PERFORMANCE BOND Page 1 of 3 1 SECTION 00 62 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, GILCO CONTRACTING, INC., known as "Principal" herein and LIBERTY 9 MUTUAL INSURANCE COMPANY, a corporate surety(sureties, if more than one) duly 10 authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), 11 are held and firmly bound unto the Developer, FG ALEDO DEVELOPMENT, LLC. , 12 authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal 13 corporation ("City"), in the penal sum of THREE MILLION FOUR HUNDRED SEVENTY 14 SEVEN THOUSAND SIX HUNDRED SEVENTY ONE DOLLARS AND NINEY FIVE 15 CENTS, ($3,477,671.95), lawful money of the United States, to be paid in Fort Worth, Tarrant 16 County, Texas for the payment of which sum well and truly to be made jointly unto the 17 Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, 18 successors and assigns, jointly and severally, firmly by these presents. 19 20 WHEREAS, Developer and City have entered into an Agreement for the construction of 21 community facilities in the City of Fort Worth by and through a Community Facilities 22 Agreement, CFA Number o4oq' 61" and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 24 the / day of SGp1� , 20 g which Contract is hereby referred to and made a 25 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 26 and other accessories defined by law, in the prosecution of the Work, including any Change 27 Orders, as provided for in said Contract designated as MORNINGSTAR — WESTPOINT 28 PARKWAY. CITY OF FORT WORTH MORNINGSTAR— WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 006213-2 PERFORMANCE BOND Page 2 of 3 1 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 2 shall faithfidly perform it obligations under the Contract and shall in all respects duly and 3 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 4 specifications, and contract documents therein referred to, and as well during any period of 5 extension of the Contract that may be granted on the part of the Developer and/or City, then this 6 obligation shall be and become null and void, otherwise to remain in full force and effect. 7 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 8 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 9 Worth Division. 10 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 11 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 12 accordance with the provisions of said statue. 13 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 14 this instrument by duly authorized agents and officers on this the _�Z _day of -fir 15 , 20 23 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 ATTESil: :'J (Principal) Secretary ,MoA� Witness as to Principal v V PRINCIPAL: GILCO CONTRACTING, INC. Signature LEIA MCQUIEN, VICE PRESIDENT OF OPERATIONS Name and Title Address: 6331 SOUTHWEST BLVD. BENBROOK, TEXAS 76132 SURETY: Liberty Mutual Insurance Company S gnature Sophinie Hunter, Attorney -In -Fact Name and Title CITY OF FORT WORTH MORNINGSTAR— WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 006213-3 PERFORMANCE BOND Page 3 of 3 Address: 2200 Renaissance Blvd., Suite 400 `` �,_ t• King of Prussia, PA 19406 Witness as to Surety Telephone Number: 214-989-0000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH MORNINGSTAR — WESTPO1NT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 006214-1 PAYMENT BOND Pagel of 3 1 SECTION 00 62 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, GILCO CONTRACTING, INC., known as "Principal" herein, and 8 LIBERTY MUTUAL INSURANCE COMPANY, a corporate surety (or sureties if more than 9 one), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the Developer, FG ALEDO DEVELOPMENT, 11 LLC., authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Texas 12 municipal corporation ("City"), in the penal sum of THREE MILLION FOUR HUNDRED 13 SEVENTY SEVEN THOUSAND SIX HUNDRED SEVENTY ONE DOLLARS AND 14 NINEY FIVE CENTS, ($3,477,671.95), lawful money of the United States, to be paid in Fort 15 Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto 16 the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, 17 administrators, successors and assigns, jointly and severally, firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number e�V —'!!5149 ;and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the /Vorday of -5eAtI-1B0n , 20 23 , which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as MORNINGSTAR — WESTPOINT 26 PARKWAY. 27 28 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 29 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 30 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 31 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 32 force and effect. CITY OF FORT WORTH MORNINGSTAR— WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 006214-2 PAYMENT BOND Page 2 of 3 I This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED ai .VEALED 5 this instrument by duly authorized agents and officers on this the If day of 6 5L;W�-ex4,3 , 20�:? . 7 8 ATT (Principal) Secretary Witness as to Principal ATTEST: (Surety) Secretary Witness as to Surety PRINCIPAL: GILCO CONTRACTING, INC. JY ature LEIA MCQUII;N, VICE PRESIDENT, OPERATIONS Name and Title Address: 6331 SOUTHWEST BLVD. BENBROOK, TEXAS 76132 SURETY: Liberty Mutual Insurance Company Z / ri BY: Signat re Sophinie 1-lunter, Attorney-ln-Fact Name and Title Address: 2200 Renaissance Blvd., Suite 400 King of Prussia, PA 19406 Telephone Number: 214-989-0000 CITY OF PORT WORTH MORNINGSTAR — WESTPOINT PK WY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.! 104118 Revised January 31, 2012 00 62 14 - 3 PAYMENT BOND Page 3 of 3 1 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 2 bylaws showing that this person has authority to sign such obligation. If Surety's physical 3 address is different from its mailing address, both must be provided. 4 5 The date of the bond shall not be prior to the date the Contract is awarded. 6 END OF SECTION CITY OF FORT WORTH MORNINGSTAR — WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 006219-1 MAINTENANCE BOND Pagel 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 8 That we GILCO CONTRACTING, INC., known as "Principal" herein and LIBERTY 9 MUTUAL INSURANCE COMPANY, a corporate surety (sureties, if more than one) duly 10 authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), l 1 are held and firmly bound unto the Developer, FG ALEDO DEVELOPMENT, LLC., 12 authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal 13 corporation ("City"), in the sum of THREE MILLION FOUR HUNDRED SEVENTY 14 SEVEN THOUSAND SIX HUNDRED SEVENTY ONE DOLLARS AND NINEY FIVE 15 CENTS, ($3,477,671.95), lawful money of the United States, to be paid in Fort Worth, Tarrant 16 County, Texas, for payment of which sum well and truly be made jointly unto the Developer and 17 the City as dual obligees and their successors, we bind ourselves, our heirs, executors, 18 administrators, successors and assigns, jointly and severally, firmly by these presents. 19 20 WHEREAS, Developer and City have entered into an Agreement for the construction of 21 community facilities in the City of Fort Worth by and through a Community Facilities 22 Agreement, CFA Number � a ;and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer 24 awarded the //970 day of 56P1UIM . 20 � , which Contract is 25 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 26 materials, equipment labor and other accessories as defined by law, in the prosecution of the 27 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 28 the "Work") as provided for in said Contract and designated as MORNINGSTAR — 29 WESTPOINT PARKWAY 30 31 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 32 accordance with the plans, specifications and Contract Documents that the Work is and will 33 remain free from defects in materials or workmanship for and during the period of two (2) years 34 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CITY OF FORT WORTH MORNINGSTAR — WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 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 22 23 24 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 MORNINGSTAR — WESTPOINT PKWY CITY PROJECT NO.: 104118 006219-3 MAINTENANCE'- BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 1,7 71- day of —2��Jto- 3 ,20Z. 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 (A`.J bPriipal) Sq� Witness as to Principal ATTEST: PRINCIPAL: GILCO ONTRACTING, INC. BY: )l lV Signature LEIA MCQUIEN, VICE PRESIDENT Name and Title Address: 6331 SOUTHWEST BLVD. BENBROOK, TEXAS 76132 SURETY: Liberty Mutual Insurance Company �1 BY: _� Y�? LIJO Signature Sophinie Hunter, Attorney -In -Fact Name and Title r1'` O � Address: 2200 Renaissance Blvd., Suite 400 (Surety) Secro Tlx, King of Prussia, PA 19406 Witness as to Surety Telephone Number: 214-989-0000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF PORT WORTH MORNINGSTAR— WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECTNO.: 104118 Revised January 31, 2012 STREET LIGHTS CONTRACT FORMS BEAN ELECTRICAL, INC. 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page I of 3 SECTION 00 4100 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: FG ALEDO DEVELOPMENT, LLC 3045 LACKLAND BLVD. FORT WORTH, TEXAS 76116 FOR: MORNINGSTAR — WESTPOINT BLVD. and NORTH INDIGO SKY DRIVE PAVING, DRAINAGE, SEWER, WATER AND STREET LIGHT IMPROVEMENTS City Project No: 104118 FID No.: 30114-0200431-104118-EO7685 IPRC: 22-0221 Units/Sections: STREET LIGHTS 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements in the construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 2 of 3 artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. STREET LIGHTS b. C. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 60 working days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones{ within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 f. Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre -qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM— DEVELOPER AWARDED PROJECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 0041 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Pago 3 of 3 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid Alternate Bid Deductive Alternate Additive Alternate TOTAL BID 7. Bid Submittal This Bid is submitted on: JULY 15, 2023 Respectfully submi By: (Signature) ROY E. BEAN, 11 (Printed Name) Title: VICE PRESIDENT SW REGION <Title or Office> Company: BEAN ELECTRICAL, LLC. <Company Name> Address: 821 EAST ENON <Address > by the entity named below <Address if applicable, otherwise delete> EVERMAN, TEXAS 76140 <City, State, Zip Code> State of Incorporation: TEXAS Email: ct)c�llllci�bcanciccti-ic�Il.conl Phone: (817) 561-7400 $252,823.50 Receipt is acknowledged of the following Addenda: Addendum No. I Addendum No. 2 Addendum No. 3 Addendum No. 4 END OF SECTION $0.00 $0.00 $0.00 Initial CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS 00 4100 Bid Form— DAP.docx Form Revised April 2, 2014 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM MORNINGSTAR - W ESTPOINT PARKWAY UNIT PRICE BID Bidlist Item No. Project Item Information Description 004243 DAP -BID PROPOSAL Page 7 erg CONTRACT: 9i30i2023 CPN: 104118 IPRC22-0221 Bidder's Application Bidder's Proposal Specification I Unit of I Bid Section No. Measure Quantity Unit Price Bid Value UN)T V. STRi:FT LI 3,HT1NG IMPRC VEMENTS 5-1 9999.0050 Install Single Arm Pole Type 18 34 41 20 EA 34 $750.00 $25,500.00 5-2 9999.0051 Install Arm 33A 34 41 20 EA 52 $200.00 $10,400.00 9999.0052 Furnhishilnstall Luminairc ATBO P303 MVOLT R2 5-3 3K MP NL P7 AO RFD322792 34 41 20 EA 52 $200.00 $10,400.00 5-4 3441.3001 Furnishllnstall Rdwy Ilium Foundation TYPE 3 344120 BA 34 $1,550.00 $52,700.00 5-5 2605.3015 Furnish/Install 2 Inch Conduit PVC SC14 80 (T) 26 05 33 LF 5,485 $22.00 $120,670.00 5-6 3441.3401 Furnish/InstAl MO Copper Electric Conductor 3441 10 LF 5,485 $3.10 $17,003.50 5-7 3441,1501 Fumisl✓lnstall Ground Box Type B 3441 10 EA 17 $950.00 $16.150.00 UNIT V: STREET LIGHTING IMPROVEMENTS TOTAL $252,823.50 R Note: Tri-County Electric is the electric provider and on this project they'Will" provide the street light poles. CITY OF PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Forth Version April 2.2014 00 42 43 - BIDDING-MORNINGSTAR- WESTPO(NT PARKWAY - 07-30-23.xls SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM MORNINGSTAR - W ESTPOINT PARKWAY UNIT PRICE BID Project Item Information 004243 DAP - BID PROPOSAL Page 8 of $ CONTRACT: 7/3012023 CPN: 104118 IPRC22-0221 Bidder's Application Bidder's Proposal Bidlist 4 Description I Specification Unit of I Bid Unit Price I Bid Value Item No. I Section No. Measure Quantity Bid Summary UNIT is WATER IMPROVEMENTS UNIT IC SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS $252.823.50 Total Construction Bid $252,823.60 Contractor agrees to complete WORK for FINAL ACCEPTANCE within •. 60 : di ys`f working days after the date when the CONTRACT commences to run as provided in the General Conditions. WATER IMPROVEMENTS working days. SANITARY SEWER IMPROVEMENTS working days. DRAINAGE IMPROVEMENTS working days. PAVING IMPROVEMENTS working days. STREET LIGHT IMPROVEMENTS 60 working days. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version April 2, 2014 004243. BIDDING -MORNINGSTAR- WESTPOINT PAMWAY-07-30-23.xls 0045 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 4512 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date STREET LIGHTS BEAN ELECTRICAL 03/08/2025 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: BEAN ELECTRICAL, LLC. Company 821 East Enon Address Everman, Texas 76140 City/State/Zip By: /ZY s 9*"'J -it (Pleas t) Signature: v Title: V p SLAJ 'FEWFIJ (Please Print) Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWARDED PROJECTS 00 45 12 Prequalification Statement - BEAN.docx Form Version April 2, 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 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 104118. 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: BEAN ELECTRICAL, LLC. Company 821 East Enon Address Everman, Texas 76140 City/State/Zip THE STATE OF TEXAS COUNTY OF TARRANT By: 9O` 15 8;E4�J (Pleas t) Signature: Title: 1,P Sty ErlO� (Please Print) L BEI QRE ME, the undersigned authority, on this day personally appeared 1`j 0 CA L , 7f;� e a i _ 5T- , 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 i `.rfor the purposes and consideration therein expressed and in the capacity therein stated. GIV�N UNDER MY HAND AND SEAL OF OFFICE this ,;2 6410- day of vtn iA .S fi , 2023 CHERYLE R. ESPREE :Notary Public, State of Texas Comm. Expires 02-29-2024 Notary ID 1890225 No ry Nblic in an` or the Sfke of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 MORNINGSTAR — WESTPOINT CITY PROJECT NO.: 104118 00 52 43 -1 Developer Awarded Project Agreement Pagel of4 I SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on '7-® Z.3 is made by and between the Developer, 4 F. G. ALEDO DEVELOPMENT, LLC., authorized to do business in Texas ("Developer"), and 5 BEAN ELECTRICAL, LLC., authorized to do business in Texas, acting by and through its duly 6 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 I 1 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 MORNINGSTAR — WESTPOINT PARKWAY — STREET LIGHTS 16 CITY PROJECT NO.: 104118 17 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 60 working days after the date 24 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 25 City Conditions of the Construction Contract for Developer Awarded Projects. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that Developer 28 will suffer financial loss if the Work is not completed within the times specified in 29 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 30 the Standard City Conditions of the Construction Contract for Developer Awarded 31 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 32 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 33 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 34 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 35 Developer ONE THOUSAND DOLLARS, ($1,000) for each day that expires after the 36 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 37 of Acceptance. CITY OF FORT WORTH MORNGSTAR — WESTPOWT PKWY STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised June 16, 2016 005243-2 Developer Awarded Project Agreement Page 2 of 4 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 40 Documents an amount in current funds of ---- TWO HUNDRED FIFTY TWO THOUSAND 41 EIGHT HUNDRED TWENTY THREE DOLLARS AND FIFTY CENTS ($252,823.50) 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CONTENTS: 44 A. The Contract Documents which comprise the entire agreement between Developer and 45 Contractor concerning the Work consist of the following: 46 1. This Agreement. 47 2. Attachments to this Agreement: 48 a. Bid Form (As provided by Developer) 49 1) Proposal Form (DAP Version) 50 2) Prequalification Statement 51 3) State and Federal documents (project specific) 52 b. Insurance ACORD Form(s) 53 c. Payment Bond (DAP Version) 54 d. Performance Bond (DAP Version) 55 e. Maintenance Bond (DAP Version) 56 f. Power of Attorney for the Bonds 57 g. Worker's Compensation Affidavit 58 h. MBE and/or SBE Commitment Form (If required) 59 3. Standard City General Conditions of the Construction Contract for Developer 60 Awarded Projects. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 75 CITY OF FORT WORTH MORNGSTAR— WESTPOINT PKWY STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised June 16, 2016 00 52 43 - 3 Developer Awarded Project Agreement Page 3 of 4 76 Article 6. INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of, the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This indemnification provision is specifically intended to operate 82 and be effective even if it is alleged or proven that all or some of the damages being 83 sought were caused, in whole or in part, by anv act, omission or negligence of the citv. 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs, expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city, its officers, servants and employees, from and against any and all loss, damage 90 or destruction of property of the city, arising out of, or alleged to arise out of, the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 provision is specifically intended to operate and be effective even if it is alleged or 94 proven that all or some of the damages being sought were caused, in whole or in part. 95 by anv act, omission or negligence of the citv. 96 97 Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 100 the Construction Contract for Developer Awarded Projects. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the Developer. 104 7.3 Successors and Assigns. 105 Developer and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon DEVELOPER and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH MORNGSTAR — WESTPOINT PKWY STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised June 16, 2016 00 52 43 - 4 Developer Awarded Project Agreement Page 4 of 4 117 118 7.6 Authority to Sign. 119 Contractor shall attach evidence of authority to sign Agreement, if other than duly 120 authorized signatory of the Contractor. 121 122 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 123 counterparts. 124 125 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 126 Contractor: BEAN ELECTRICAL, LLC. By: (Signature) (Printed Name) Title: V? 5v.) $?E fbIJ Company Name: BEAN ELECTRICAL, LLC. Address: 821 EAST ENON City/State/Zip: EVERMAN, TEXAS 76140 f-/Z-Z3 Date 127 Developer: F. G. ALEDO DEVELOPMENT, LLC. By: (Signature) IVI� C� (Printe Name) Title: Aeu-t— Company name: F. G. ALEDO DEVELOPMENT, LLC. Address: 3045 LACKLAND ROAD City/State/Zip: FORT WORTH, TEXAS 76116 t2-23 Date CITY OF FORT WORTH MORNGSTAR— WESTPOINT PKWY STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised June 16, 2016 SPECIAL CONDITIONS TO THE AGREEMENT Notwithstanding any other items, conditions or provisions of the general or special conditions or any other provision of the Contract Documents to the contrary, Morningstar Ranch Municipal Utility District Nos. 1 and 2 ("District") and/or the City of Fort Worth ("City") when dictated by an applicable contract shall be deemed and considered as Owner for all purposes under the Contract Documents, except that FG Aledo Development, LLC. ("Developer") shall be considered the "Owner" for purposes of approving requests for and making payments to Contractor of all or any portion of the Contract Price and for paying all or any damages that might ever be due, including any costs associated with any change orders to the Contract. After submission to and approval by District and by Developer of the invoices, certificates and supporting documentation in connection with a request for payment, Contractor agrees to and shall look solely to Developer for payment of such invoices. Developer agrees to pay Contractor's invoices for work performed, subject to the terms of the Contract, in an aggregate amount not to exceed the Contract Price, plus change orders and extras approved by District and by Developer. Failure by Developer to make such payments to Contractor shall constitute a default by Owner and shall entitle Contractor to all rights and remedies arising under the Contract Documents for a default in payment of sums due Contractor pursuant to the Contract Documents; provided, however, District and/or City shall have no obligation for payment of sums due or to become due under the approved invoices or any part of the Contract Price. Neither the District nor the City is holding any security to guarantee payment for work performed on the Project. Developer reserves the right to assign its obligations hereunder to District and/or City subject to written acceptance thereof by District and/or City, respectively. A copy of any such assignment and the acceptance thereof shall be provided to Contractor, and thereafter assignee shall be obligated to make all payments thereafter becoming due to Contractor pursuant to this Contract and the obligations of the assignor contained in the first paragraph of these Special Conditions shall terminate. For purposes of convenient administration of this Contract, District may from time to time make payments due Contractor pursuant to this Contract from funds advanced to District by Developer; provided, however, no such payment by District will obligate District to make further payments due Contractor pursuant to this Contract unless and until District has accepted an assignment of Developer's obligations hereunder and a copy of the assignment and District's acceptance is delivered to Contractor, whereupon District shall become liable for payment to the extent of the assignment. If Developer breaches its obligations in any respect under the Contract, before exercising any remedy Contractor shall give written notice to District and City at the address below specifying the breach and the steps necessary to cure the breach and District shall have the right and power, within thirty (30) days after receipt of such notice, to cure or cause the breach to be cured, if it so elects, before Contractor exercises any of its remedies under the Contract. The undersigned CONTRACTOR does hereby release the City and District from any and all claims related to any failure of payment for work performed on the project by or through Contractor. The undersigned CONTRACTOR agrees, covenants and represents that it will include this Special Conditions to the Agreement in all of its subcontracts. On Behalf of Morni gstar Ranch MUD Nos. 1 and 2 On Behalf of Developer On Behalf of Contractor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 00 61 25 - 1 CERTIFICATE OF INSURANCE Page 1 of 1 SECTION 00 6125 CERTIFICATE OF INSURANCE INSERT CERTIFICATE OF INSURANCE DOCUMENTS 131011 1XI7 OM X40111130 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 MORNINGSTAR— WESTPOINT BLVD CITY PROJECT NO: 104118 ® Attachment Code: D618545 Master ID: 1525357, Certificate ID: 19856854 Waiver Of Subrogation (Blanket) Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl Prem Return Prem GLO 3116890-00 12/01 /2022 12/01 /2023 12/01 /2022 09079000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. UGL-925-B CW (12/01) Page 1 of 1 Attachment Code: D618546 Master ID: 1525357, Certificate ID: 19856854 Additional Insured — Automatic — Owners, Lessees Or Contractors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 3116890-00 Effective 12/1/2022 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part �7 ZURICH A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-2162-A CW (02/19) Page 1 of 4 Attachment Code: D618546 Master ID: 1525357, Certificate ID: 19856854 in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products -completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (C) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products -completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and U-GL-2162-A CW (02/19) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 4 Attachment Code: D618546 Master ID: 1525357, Certificate ID: 19856854 (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit" as soon as practicable; and (3) A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contractor written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that U-GL-2162-A CW (02/19) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 Attachment Code: D618546 Master ID: 1525357, Certificate ID: 19856854 F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III - Limits Of Insurance: Additional Insured — Automatic — Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. U-GL-2162-A CW (02/19) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 4 Attachment Code: D618547 Master ID: 1525357, Certificate ID: 19856854 Coverage Extension Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. BAP 3116888 Effective Date: 12/1/2022 This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured ZURICH 1. The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Fellow Employee Coverage U-CA-424-H CW (10/21) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 6 Attachment Code: D618547 Master ID: 1525357, Certificate ID: 19856854 D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II — Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in B. Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in B. Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total 'loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the 'loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" that is a "private passenger type", light truck or medium truck is disabled. However, the labor must be performed at the place of disablement. As used in this provision, "private passenger type" means a private passenger or station wagon type "auto" and includes an "auto" of the pickup or van type if not used for business purposes. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage — Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered U-CA-424-H CW (10/21) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 Attachment Code: D618547 Master ID: 1525357, Certificate ID: 19856854 (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto' at the time of "loss". The most we will pay for such 'loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". K. Airbag Coverage The Exclusion in Paragraph 13.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph BA.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: U-CA-424-H CW (10121) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 6 Attachment Code: D618547 Master ID: 1525357, Certificate ID: 19856854 If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Temporary Substitute Autos - Physical Damage 1. The following is added to Section I — Covered Autos: Temporary Substitute Autos - Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss'; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos - Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. N. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit'; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. O. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: U-CA-424-H CW (10/21) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 6 Attachment Code: D618547 Master ID: 1525357, Certificate ID: 19856854 This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. P. Employee Hired Autos - Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". Q. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. R. Hired Auto — World Wide Coverage Paragraph 7.b.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere else in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, S. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. T. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. U. Physical Damage — Additional Temporary Transportation Expense Coverage Paragraph AA.a. of Section III — Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, U-CA-424-H CW (10/21) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 6 Attachment Code: D618547 Master ID: 1525357, Certificate ID: 19856854 V. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total 'loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500, The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the 'loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto' must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto' solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto' powered by an alternative fuel source. W. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto' is stolen and recovered, we will pay the cost of transport to return the "auto' to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-H CW (10/21) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 6 Attachment Code: D618544 Master ID: 1525357, Certificate ID: 19856854 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 6/15/2023 Policy No. WC 3116889-00 Endorsement No. Insured Bean Electrical, LLC Premium $ Insurance Company Zurich American Insurance Company by Countersigned WC124 (4-84) Copyright 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 WC000313 August 18, 2023 FG Aledo Development, LLC 3045 Lackland Blvd. Fort Worth, TX 76116 Re: Bean Electrical, LLC Bond No. 800154191 Contract Amt. Two Hundred Fifty -Two Thousand Eight Hundred Twenty -Three and 50/100 Dollars ($252,823.50) MORNINGSTAR — WESTPOINT PARKWAY To Whom It May Concern: This letter will serve as your authority to date the Bonds and the Powers of Attorney on the above captioned project. Very Truly yours, Atlantic Specialty Insurance Company Travis J. Robles, Attorney -in -Fact Lockton Companies +1 303.414.6000 8110 E Union Ave Suite 100, Denver, CO 80237-2966 lockton.com intact INSURANCE NJ Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Kelli E Housworth, Sarah Heineman, Susan J Lattarulo, Thomas F McCoy Jr, Travis J Robles, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023. •'p. 11 INgU 4. `OAPORglF92�: SEAL02 Y 1986 ci By �--- STATE OF MINNESOTA =2d qFw voP+ �a Sarah A. Kolar, Vice President and General Counsel HENNEPIN COUNTY %o�b s ��• O On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. .c. .. QALISON DWAN NASH•TROUT ' NOTARY PUBLIC -MINNESOTA My Commission Expires January 31, 2025 Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated 18th day of August .2022 . •\P��� 11'NSG9'''• Q4c' �OFPORglF9n; SEAL m 1986 o? /5— This Power of Attorney expires 'oya �Fw voP+date' January 31, b 1�1;01' Kara L.B. Barrow, Secretary Please direct bond verifications to suretynintactinsurance.com 0062 13- 1 PERFORMANCE BOND Pagel of 3 1 SECTION 00 62 13 2 PERFORMANCE BOND Bond No. 800154191 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, BEAN ELECRICAL, LLC. , known as "Principal" herein and ATLANTIC 9 SPECIALTY INSURANCE COMPANY, a corporate surety(sureties, if more than one) duly 10 authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), 11 are held and firmly bound unto the Developer, FG ALEDO DEVELOPMENT, LLC, 12 authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal 13 corporation ("City"), in the penal sum of TWO HUNDRED FIFTY TWO THOUSAND 14 EIGHT HUNDRED TWENTY THREE DOLLARS AND FIFTY CENTS, ($252,823.50), 15 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the 16 payment of which sum well and truly to be made jointly unto the Developer and the City as dual 17 obligees; we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 18 and severally, firmly by these presents. 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number WI-0I & and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 23 the /Z day of 5epr 20 23 which Contract is hereby referred to and made a 24 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 25 and other accessories defined by law, in the prosecution of the Work, including any Change 26 Orders, as provided for in said Contract designated as MORNINGSTAR — WESTPOINT 27 PARKWAY. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 104118 Revised January 31, 2012 006213-2 PERFORMANCE BOND Page 2 of 3 1 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 2 shall faithfully perform it obligations under the Contract and shall in all respects duly and 3 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 4 specifications, and contract documents therein referred to, and as well during any period of 5 extension of the Contract that may be granted on the part of the Developer and/or City, then this 6 obligation shall be and become null and void, otherwise to remain in full force and effect. 7 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 8 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 9 Worth Division. 10 This bond is made and executed in compliance with the provisions of Chapter 2253 of the l 1 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 12 accordance with the provisions of said statue. 13 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 14 this instrument by duly authorized agents and officers on this the 71 day of 15 15CPf , 20L3. 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 ATTEST: (Princlpal) Secretary Wlhess as to P cipal `l PRINCIPAL: BEAN ELECTRIC L, C. BY: Sieature ROY E. BEANNICE PRESIDENT OF SW REGION Name and Title Address: 821 EAST ENON EVERMAN, TEXAS 76140 SURETY: Atlantic Specialty Insurance Company BY: 2)-- Signature Travis J. Robles, Attorney -in -Fact Name and Title Address: 605 Hiahwav 169 North, Suite 800 Plymouth, MN 55441 CITY OF FORT WORTH MORNINGSTAR — WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO, 104118 Revised January 31, 2012 1 2 3 4 5 6 7 8 10 11 12 13 c 'VitnnAs as Surety - Angelica Chavez 00 62 l3 - 3 PERFORMANCE BOND Page 3 of 3 Telephone Number: (952) 852-2431 *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 MORNINGSTAR— WESTPOINT PKWY CITY PROJECT NO. 104118 intact INSURANCE Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Kelli E Housworth, Sarah Heineman, Susan J Lattarulo, Thomas F McCoy Jr, Travis J Robles, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023. ,\0'1.1 INS, rQV GpVFOR4;, 1 SEAL 1986 o ` By �~ STATE OF MINNESOTA `fib �Fw voP+da' Sarah A. Kolar, Vice President and General Counsel HENNEPIN COUNTY -�f b r?,•' On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. .moo ALISON DWAN NASH•TROUT ( NOTARY PUBLIC•MINNESOTA R My Commission Expires - .. January 31, 2026 Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated day of This Power of Attorney expires January 31, 2025 =cwv GpPPORgTF9�, =co SEAL `—' 1986 0 %r2d roFw yol �dAb'$ s,••• j� ti h h�od, Kara L.B. Barrow, Secretary Please direct bond verifications to suretyO)intactinsurance.com 006214-1 PAYMENT BOND Page I of 3 1 SECTION 00 6214 2 PAYMENT BOND Bond No. 800154191 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, BEAN ELECTRICAL, LLC. , known as "Principal" herein and ATLANTIC 8 SPECIALTY INSURANCE COMPANY, a corporate surety ( or sureties if more than one), 9 duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or 10 more), are held and firmly bound unto the Developer, FG ALEDO DEVELOPMENT, LLC, 11 authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Texas municipal 12 corporation ("City"), in the penal sum of TWO HUNDRED FIFTY TWO THOUSAND 13 EIGHT HUNDRED TWENTY THREE DOLLARS AND FIFTY CENTS, ($252,823.50), 14 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the 15 payment of which sum well and truly be made jointly unto the Developer and the City as dual 16 obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 17 and severally, firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number0"aZio ;and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the /WX day of 20 which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as MORNINGSTAR — WESTPOINT 26 PARKWAY. 27 28 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 29 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 30 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 31 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 32 force and effect. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 1 2 3 4 5 6 7 006214-2 PAYMENT BOND Page 2 of 3 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. IN WITNESS WHEREOF, the Principal and Surety have each SIGNED ar}d SEALED this instrument by duly authorized agents and officers on this the day of PRINCIPAL: BEAN ELECTRICAL, LLC. l7 ATTEST: BY: Signaturov/ ROY E. BEAN, VICE PRESIDENT OF 'SW REGION (Principal) Secretary Name and Title Address: 821 EAST ENON EVERMAN, TEXAS, 76140 Witness as to Principal SURETY: Atlantic Specialty Insurance Company ATTEST: BY: i�n IAjk,, Signa re Not Applicable Travis J. Robles, Attorney -in -Fact (Surety) Secretary Name and Title Address: 605 Highway 169 North, Suite 800 �'Wj/tri'e�ss Plymouth, MN 55441 - An elica Chavez to Surety g Telephone Number: (952) 852-2431 8 CITY OF FORT WORTH MORNINGSTAR— WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 006214-3 PAYMENT BOND Page 3 of 3 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. 4 5 The date of the bond shall not be prior to the date the Contract is awarded. 6 END OF SECTION CITY OF FORT WORTH MORNINGSTAR — WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 intact INSURANCE J mower of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Kelli E Housworth, Sarah Heineman, Susan J Lattarulo, Thomas F McCoy Jr, Travis J Robles, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attomey is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023. ,, Q�1 40PP ORAlic 92, SEAL m= Y 1986 0 By STATE OF MINNESOTAroPda.` Sarah A. Kolar, Vice President and General Counsel HENNEPIN COUNTY '''?� b t �X ' On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. ALISON DWAN NASH•TROUT ° i5s'Yl./lam ity7 ` NOTARY PUBLIC•MiNNESOTA + My Commission Expires January 31, 2026 Notary Public •' . Y . .I y W n it 'f I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated day of This Power of Attorney expires January 31, 2025 :aG GOFPORgTF.9n's =� SEAL m 1986 o 26 NFW oP+ a't > h�d•,c' Kara L.B. Barrow, Secretary Please direct bond verifications to surety@ intactinsurance.com 006219-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6219 2 MAINTENANCE BOND Bond No. 800154191 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we BEAN ELECTRICAL, LLC., known as "Principal' herein and ATLANTIC 9 SPECIALTY INSURANCE COMPANY, a corporate surety (sureties, if more than one) duly 10 authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), 11 are held and firmly bound unto the Developer, FG ALEDO DEVELOPMENT, LLC, 12 authorized to do business in Texas (`'Developer") and the City of Fort Worth, a Texas municipal 13 corporation ("City"), in the sum of TWO HUNDRED FIFTY TWO THOUSAND EIGHT 14 HUNDRED TWENTY THREE DOLLARS AND FIFTY CENTS, ($252,823.50), lawful 15 money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of 16 which sum well and truly be made jointly unto the Developer and the City as dual obligees and 17 their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, 18 jointly and severally, firmly by these presents. 19 20 WHEREAS, Developer and City have entered into an Agreement for the construction of 21 community facilities in the City of Fort Worth by and through a Community Facilities 22 Agreement, CFA Number 0?3 r0:219 ;and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer 24 awarded the%210day of 5G9 8af 20413 , which Contract is 25 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 26 materials, equipment labor and other accessories as defined by law, in the prosecution of the 27 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 28 the "Work") as provided for in said Contract and designated as MORNINGSTAR — 29 WESTPOINT PARKWAY and 30 31 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 32 accordance with the plans, specifications and Contract Documents that the Work is and will 33 remain free from defects in materials or workmanship for and during the period of two (2) years 34 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CITY OF FORT WORTH MORNINGSTAR — WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 006219-2 MAINTENANCE BOND Page 2 of 3 1 2 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 3 upon receiving notice from the Developer and/or City of the need thereof at any time within the 4 Maintenance Period. 5 6 NOW THEREFORE, the condition of this obligation is such that if Principal shall 7 remedy any defective Work, for which timely notice was provided by Developer or City, to a 8 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 9 remain in full force and effect. 10 11 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 12 noticed defective Work, it is agreed that the Developer or City may cause any and all such 13 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 14 by the Principal and the Surety under this Maintenance Bond; and 15 16 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 17 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 18 Worth Division; and 19 20 PROVIDED FURTHER, that this obligation shall be continuous in nature and 21 successive recoveries may be had hereon for successive breaches. 22 23 24 CITY OF FORT WORTH MORNINGSTAR — WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the /,_7 7-* day of 3 .20 &3. 4 5 PRINCIPAL: 6 BEAN ELECTRIC C. 7 8 9 BY: 1/�i�iatur 11 ATTESf//y�!/�` 12 13 _�V- ROY E. BEAN/ VICE PRESIDENT OF 14 SW REGION 15 (Principal) Secretary Name and Title 16 17 Address: 821 EAST ENON 18 EVERMAN, TEXAS 76140 19 ` 20 21 22 Wtness as to Pkncipal 23 SURETY: 24 Atlantic Specialty Insurance Company 25 26 27 BY: VA 28 Signature 29 30 Travis J. Robles, Attorney -in -Fact 31 ATTEST: Name and Title 32 33 Not Applicable Address: 605 Highway 169 North, Suite 800 34 (Surety) Secretary Plymouth, MN 55441 35 36 37 itne s to Surety - Angelica Chavez Telephone Number: (952) 852-2431 38 39 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 40 from the by-laws showing that this person has authority to sign such obligation. If 41 Surety's physical address is different from its mailing address, both must be provided. 42 43 The date of the bond shall not be prior to the date the Contract is awarded. 44 CITY OF FORT WORTH MORNINGSTAR — WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 intact INSURANCE tJ Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Kelli E Housworth, Sarah Heineman, Susan J Lattarulo, Thomas F McCoy Jr, Travis J Robles, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seat thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attomey-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attomey-in-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023. QG 4pRPORglF9n=; y SEAL m'_^_ Y 1986 o = By �^ STATE OF MINNESOTA "2s �Fw YOP�db,' Sarah A. Kolar, Vice President and General Counsel HENNEPIN COUNTY `' >�b ��•'° On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. 7NOTARY N DWAN NASH•TROUT PUBLIC•MINNESOTA ��M—Ai-ommission Expires anuary 31, 2025Notary Public Ar W r '4 I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated day of This Power of Attorney expires January 31, 2025 c2U G�RPOHgTF9(�; =� SEAL m: 1986 0 Y26 tiFW YUQ:I dosed Kara L.B. Barrow, Secretary Please direct bond verifications to surety(a�intactinsurance.com 006213-1 PERFORMANCE BOND Pagel of 3 I SECTION 00 62 13 2 PERFORMANCE BOND Bond No. 800154191 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, BEAN ELECRICAL, LLC. , known as "Principal" herein and ATLANTIC 9 SPECIALTY INSURANCE COMPANY, a corporate surety(sureties, if more than one) duly 10 authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), 1 I are held and firmly bound unto the Developer, FG ALEDO DEVELOPMENT, LLC, 12 authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal 13 corporation ("City"), in the penal sum of TWO HUNDRED FIFTY TWO THOUSAND 14 EIGHT HUNDRED TWENTY THREE DOLLARS AND FIFTY CENTS, ($252,823.50), 15 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the 16 payment of which sum well and truly to be made jointly unto the Developer and the City as dual 17 obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 18 and severally, firmly by these presents. 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in theCity of Fort Worth by and through a Community Facilities 21 Agreement, CFA Numbers42 7 '1S7U and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 23 the /070day of cSE'Ot , 20�3, which Contract is hereby referred to and made a 24 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 25 and other accessories defined by law, in the prosecution of the Work, including any Change 26 Orders, as provided for in said Contract designated as MORNINGSTAR — WESTPOINT 27 PARKWAY. CITY OF FORT WORTH MORNINGSTAR— WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 104118 Revised January 31, 2012 006213-2 PERFORMANCE BOND Page 2 of 3 1 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 2 shall faithfully perform it obligations under the Contract and shall in all respects duly and 3 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 4 specifications, and contract documents therein referred to, and as well during any period of 5 extension of the Contract that may be granted on the part of the Developer and/or City, then this 6 obligation shall be and become null and void, otherwise to remain in full force and effect. 7 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 8 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 9 Worth Division. 10 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 11 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 12 accordance with the provisions of said statue. 13 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEAL��EDD,, 14 this instrument by duly authorized agents and officers on this the �iZ day of .�/1 15 .20713. 16 PRINCIPAL: 17 BEAN ELECTRI4, LLC. 18 19 20 BY: 21 mature 22 ATTEST: 23 ROY E. BEANNICE PRESIDENT OF 24 SW REGION 25 Name and Title (Principal) Se et �' 26 27 Address: 821 EAST ENON 28 EVERMAN, TEXAS 76140 29 30 ti 31 Witness as to l incipwl 32 SURETY: 33 Atlantic Specialty Insurance Company 34 35 �I„ _ 36 BY: ---- — 37 Signature 38 39 Travis J. Robles, Attorney -in -Fact 40 Name and Title 41 42 Address: 605 Hiahway 169 North. Suite 800 43 Plymouth, MN 55441 CITY OF FORT WORTH MORNINGSTAR — WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 104118 Revised January 31.2012 1 2 3 4 5 b 7 8 10 11 12 13 mess to Surety - Angelica Chavez 006213-3 PERFORMANCE BOND Page 3 of 3 Telephone Number: (952) 852-2431 *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 MORNINGSTAR— WESTPOINT PKWY CITY PROJECT NO. 104118 intact INSuRANCE I ;,Older of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Kelli E Housworth, Sarah Heineman, Susan J Lattarulo, Thomas F McCoy Jr, Travis J Robles, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attomey-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attomey-in-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023. •, ••\P��Y11NSG9,• Q�G OOFPOAgr�,92�i =� SEAL ms r 1986 o By �~ STATE OF MINNESOTA `2b 4Fw YOP+da` HENNEPIN COUNTY Sarah A. Kolar, Vice President and General Counsel �1 b > �•°° On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. ALISON DWAN NASH•TROUT NOTARY PUBLIC -MINNESOTA My Commission Expires j January 31, 2025 Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated day of This Power of Attorney expires January 31, 2025 ,,• sQ'�"j Y .�,N S�9 . £Q�"4 Gpy P '141e 9M =� SEAL m 1986 0 s `r26 �Fw voP�da�,•s >� Kara L.B. Barrow, Secretary Please direct bond verifications to surety0aintactinsurance.com 006214-1 PAYMENT BOND Page 1 of 3 I SECTION 00 62 14 2 PAYMENT BOND Bond No. 800154191 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, BEAN ELECTRICAL, LLC. , known as "Principal" herein and ATLANTIC 8 SPECIALTY INSURANCE COMPANY, a corporate surety ( or sureties if more than one), 9 duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or 10 more), are held and firmly bound unto the Developer, FG ALEDO DEVELOPMENT, LLC, 11 authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Texas municipal 12 corporation ("City"), in the penal sum of TWO HUNDRED FIFTY TWO THOUSAND 13 EIGHT HUNDRED TWENTY THREE DOLLARS AND FIFTY CENTS, ($252,823.50), 14 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the 15 payment of which sum well and truly be made jointly unto the Developer and the City as dual 16 obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 17 and severally, firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number on-tOla ;and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the /70 day of 20 Z3 , which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as MORNINGSTAR — WESTPOINT 26 PARKWAY. 27 28 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 29 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 30 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 31 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 32 force and effect. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 006214-2 PAYMENT BOND Page 2 of 3 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the /Z day of 6 1�&t1/,FM , 20 . 7 ATTEST: (Principal) Secretary 'W,ii ness as to,yincipal J v� PRINCIPAL: BEAN ELECTRICAL, LLC. BY: Z, Signatle ROY E. BEAN, VICE PRESIDENT OF SW REGION Name and Title Address: 821 EAST ENON EVERMAN, TEXAS, 76140 SURETY: Atlantic Specialty Insurance Company V\/\/ BY: ^ - ATTEST: V �/1� Signature Not Applicable (Surety) Secretary Travis J. Robles, Attorney -in -Fact Name and Title Address: 605 Highway 169 North, Suite 800 Plymouth, MN 55441 ltness to Surety -Angelica Chavez Telephone Number: (952) 852-2431 8 CITY OF FORT WORTH MORNINGSTAR— WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 006214-3 PAYMENT BOND Page 3 of 3 1 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 2 bylaws showing that this person has authority to sign such obligation. If Surety's physical 3 address is different from its mailing address, both must be provided. 4 5 The date of the bond shall not be prior to the date the Contract is awarded. 6 END OF SECTION CITY OF FORT WORTH MORNINGSTAR— WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 intact M I N S U R A N C E A Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Kelli E Housworth, Sarah Heineman, Susan J Lattarulo, Thomas F McCoy Jr, Travis J Robles, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attomey-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attomey-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attomey-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attomey is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023. r¢4 4�PPOggpF9n =� SEAL 1986 0 By �- STATE OF MINNESOTA "' A' ;�'w YOP� da' Sarah A. Kolar, Vice President and General Counsel HENNEPIN COUNTY ��b On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly swom, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. ALISON DWAN NASH•TROUT NOTARY PUBL IC-MINNESOTA ; m ""' jxo�_ My Commission Expires ; January 31, 2026 Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attomey is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated day of This Power of Attorney expires January 31, 2025 a Q�6 P%POR4Te9n'i =� SEAL m= 1986 6 '~26 VFW YOQ'k- b Kara L.B. Barrow, Secretary . Please direct bond verifications to suretynintactinsurance.com 006219-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 62 19 2 MAINTENANCE BOND Bond No. 800154191 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we BEAN ELECTRICAL, LLC., known as "Principal" herein and ATLANTIC 9 SPECIALTY INSURANCE COMPANY, a corporate surety (sureties, if more than one) duly 10 authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), I I are held and firmly bound unto the Developer, FG ALEDO DEVELOPMENT, LLC, 12 authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal 13 corporation ("City"), in the sum of TWO HUNDRED FIFTY TWO THOUSAND EIGHT 14 HUNDRED TWENTY THREE DOLLARS AND FIFTY CENTS, ($252,823.50), lawful 15 money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of 16 which sum well and truly be made jointly unto the Developer and the City as dual obligees and 17 their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, 18 jointly and severally, firnily by these presents. 19 20 WHEREAS, Developer and City have entered into an Agreement for the construction of 21 community facilities in the City of Fort Worth by and through a Community Facilities 22 Agreement, CFA Number 'on — a1-26 ;and 23 WHEREAS the Principal has entered into a certain written contract with the Developer 24 awarded the%l�lday of .5 J 20Z3, which Contract is 25 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 26 materials, equipment labor and other accessories as defined by law, in the prosecution of the 27 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 28 the "Work") as provided for in said Contract and designated as MORNINGSTAR — 29 WESTPOINT PARKWAY and 30 31 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 32 accordance with the plans, specifications and Contract Documents that the Work is and will 33 remain free from defects in materials or workmanship for and during the period of two (2) years 34 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CITY OF FORT WORTH MORNINGSTAR — WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.'. 104118 Revised January 31, 2012 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 MORNINGSTAR— WESTPOINT PKWY CITY PROJECT NO.: 104118 006219-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SI NED and SEALED this 2 instrument by duly authorized agents and officers on this the /C- day of .5&%VA% 3 20 e3 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 PRINCIPAL: BEAN ELECTRIC., LLC. BY: ATTEST Si�tw•e ` z" ROY E. BEAN/ VICE PRESIDENT OF' SW REGION (Principal) Secretary Name and Title Address: 821 EAST ENON EVERMAN, TEXAS 76140 W"ess as to Principal iJ SURETY: Atlantic Specialty Insurance Company BY: /W VV\-- Signatur Travis J. Robles, Attorney -in -Fact ATTEST: Name and Title Not Applicable Address: 605 Highway 169 North, Suite 800 (Su ty) Secretary Plymouth, MN 55441 i ss a o Surety - Angelica Chavez Telephone Number: (952) 852-2431 *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 MORNINGSTAR— WESTPOINT PKWY STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised January 31, 2012 intact NSURANCE I Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Kelli E Housworth, Sarah Heineman, Susan J Lattarulo, Thomas F McCoy Jr, Travis J Robles, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attomey is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attomey is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attomey-in-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023. ,` `yGr GONPOR4;1, SEAL Y 1986 0 By STATE OF MINNESOTA =2b tiFty rov, a d r HENNEPIN COUNTY Sarah A. Kolar, Vice President and General Counsel �''-'r b ,� ��••'' On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. ALISON DWAN NASN•TROUT' NOTARY PUBLIC•MINNESOTA ' " "'i My Commission Expires January 31, 2026 Notary Public F4O- • . r W . i it 'V I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated day of This Power of Attomey expires January 31, 2025 r y�G GOPPOggTF,9� =� SEAL m: °° 1986 o ry6 4,, vOQ� Kara L.B. Barrow, Secretary Please direct bond verifications tosuretyQa intactinsuancc com 74' cA.ViQNs ARTICLE 1— €s --,: E U ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE License Agreement Before you use this EJCDC document: 1. Read this License Agreement in its entirety. As purchaser, you agree to comply with and are bound by the License Agreement's terms, conditions, and instructions when you use the attached EJCDC document. Commencement of use of the attached document indicates your acceptance of these terms, conditions, and instructions. If you do not agree to them, you should promptly return the materials to the vendor. 2. This License Agreement applies to the attached document only. Other licensing terms and instructions may apply to other EJCDC documents. The Engineers Joint Contract Documents Committee ("EJCDC") provides EJCDC Design and Construction Related Documents (including but not limited to the EJCDC document that is attached, and all other documents in the EJCDC Construction Series, Engineering Series, Design -Build Series, Remediation Series, Procurement Series, and Narrative Series) and licenses their use worldwide. You assume sole responsibility for the selection of specific documents or portions thereof to achieve your intended results, and for the installation, use, and results obtained from EJCDC Design and Construction Related Documents. You acknowledge that you understand that the text of the EJCDC Design and Construction Related Documents has important legal consequences and that consultation with an attorney is recommended with respect to use or modification of the text. You further acknowledge that EJCDC documents are protected by the copyright laws of the United States. 5. 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You further agree that it is the complete and exclusive statement of the License Agreement and supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this License Agreement. Information regarding the content of the attached EJCDC document and other EJCDC Design and Construction Related Documents may be obtained at ejcdc.org or from the following EJCDC sponsoring organizations: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 www.nsDe.org American Council of Engineering Companies 1015 15th Street N.W. Washington, D.C. 20005 (202)347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by EJCDC6T==M- ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE Issued and Published Jointly by ACEC Ami[RICAN CUUN(:IL UP FNGINIA-RING C.UNIPANILS &'WE AMERICAN SOCIETY OF CIVIL ENGINEERS National Society of Professional Engineers® Endorsed by IWCS/ N��A EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. These General Conditions have been prepared for use with the Agreement Between Owner and Contractor for Construction Contract (EJCDC° C-520, Stipulated Sum, or C-525, Cost -Plus, 2013 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC's Guide to the Preparation of Supplementary Conditions (EJCDC° C-800, 2013 Edition). The full EJCDC Construction series of documents is discussed in the Commentary on the 2013 EJCDC Construction Documents (EJCDC' C-001, 2013 Edition). Copyright © 2013: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.acce.org The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.eicdc.org, or from any of the sponsoring organizations above. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology......................................................................................... 1 1.01 Defined Terms........................................................................................................................1 1.02 Terminology............................................................................................................................5 Article 2 — Preliminary Matters....................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance........................................................................6 2.02 Copies of Documents..............................................................................................................6 2.03 Before Starting Construction..................................................................................................6 2.04 Preconstruction Conference; Designation of Authorized Representatives ...........................7 2.05 Initial Acceptance of Schedules..............................................................................................7 2.06 Electronic Transmittals...........................................................................................................7 Article 3 — Documents: Intent, Requirements, Reuse.................................................................... 8 3.01 Intent......................................................................................................................................8 3.02 Reference Standards..............................................................................................................8 3.03 Reporting and Resolving Discrepancies..................................................................................8 3.04 Requirements of the Contract Documents............................................................................9 3.05 Reuse of Documents.............................................................................................................10 Article 4 — Commencement and Progress of the Work................................................................ 10 4.01 Commencement of Contract Times; Notice to Proceed......................................................10 4.02 Starting the Work.................................................................................................................10 4.03 Reference Points...................................................................................................................10 4.04 Progress Schedule................................................................................................................10 4.05 Delays in Contractor's Progress............................................................................................11 Article 5 —Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions..................................................................................................................................... 12 5.01 Availability of Lands..............................................................................................................12 5.02 Use of Site and Other Areas.................................................................................................12 5.03 Subsurface and Physical Conditions.....................................................................................13 5.04 Differing Subsurface or Physical Conditions.........................................................................14 5.05 Underground Facilities.........................................................................................................15 EICDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i 5.06 Hazardous Environmental Conditions at Site.......................................................................17 Article6 — Bonds and Insurance................................................................................................... 19 6.01 Performance, Payment, and Other Bonds...........................................................................19 6.02 Insurance —General Provisions............................................................................................19 6.03 Contractor's Insurance.........................................................................................................20 6.04 Owner's Liability Insurance..................................................................................................23 6.05 Property Insurance...............................................................................................................23 6.06 Waiver of Rights...................................................................................................................25 6.07 Receipt and Application of Property Insurance Proceeds....................................................25 Article 7 — Contractor's Responsibilities....................................................................................... 26 7.01 Supervision and Superintendence........................................................................................26 7.02 Labor; Working Hours...........................................................................................................26 7.03 Services, Materials, and Equipment.....................................................................................26 7.04 "Or Equals"...........................................................................................................................27 7.05 Substitutes............................................................................................................................28 7.06 Concerning Subcontractors, Suppliers, and Others.............................................................29 7.07 Patent Fees and Royalties....................................................................................................31 7.08 Permits..................................................................................................................................31 7.09 Taxes.....................................................................................................................................32 7.10 Laws and Regulations...........................................................................................................32 7.11 Record Documents...............................................................................................................32 7.12 Safety and Protection...........................................................................................................32 7.13 Safety Representative..........................................................................................................33 7.14 Hazard Communication Programs........................................................................................33 7.15 Emergencies.........................................................................................................................34 7.16 Shop Drawings, Samples, and Other Submittals..................................................................34 7.17 Contractor's General Warranty and Guarantee...................................................................36 7.18 Indemnification....................................................................................................................37 7.19 Delegation of Professional Design Services..........................................................................37 Article 8 — Other Work at the Site................................................................................................ 38 8.01 Other Work...........................................................................................................................38 8.02 Coordination.........................................................................................................................39 8.03 Legal Relationships...............................................................................................................39 EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii Article 9 — Owner's Responsibilities.............................................................................................. 40 9.01 Communications to Contractor............................................................................................40 9.02 Replacement of Engineer.....................................................................................................40 9.03 Furnish Data.........................................................................................................................40 9.04 Pay When Due......................................................................................................................40 9.05 Lands and Easements; Reports, Tests, and Drawings..........................................................40 9.06 Insurance..............................................................................................................................40 9.07 Change Orders......................................................................................................................40 9.08 Inspections, Tests, and Approvals........................................................................................41 9.09 Limitations on Owner's Responsibilities...............................................................................41 9.10 Undisclosed Hazardous Environmental Condition...............................................................41 9.11 Evidence of Financial Arrangements....................................................................................41 9.12 Safety Programs....................................................................................................................41 Article 10 — Engineer's Status During Construction...................................................................... 41 10.01 Owner's Representative.......................................................................................................41 10.02 Visits to Site..........................................................................................................................41 10.03 Project Representative.........................................................................................................42 10.04 Rejecting Defective Work.....................................................................................................42 10.05 Shop Drawings, Change Orders and Payments....................................................................42 10.06 Determinations for Unit Price Work.....................................................................................42 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work.................42 10.08 Limitations on Engineer's Authority and Responsibilities....................................................42 10.09 Compliance with Safety Program.........................................................................................43 Article 11—Amending the Contract Documents; Changes in the Work ...................................... 43 11.01 Amending and Supplementing Contract Documents...........................................................43 11.02 Owner -Authorized Changes in the Work.............................................................................44 11.03 Unauthorized Changes in the Work.....................................................................................44 11.04 Change of Contract Price......................................................................................................44 11.05 Change of Contract Times....................................................................................................45 11.06 Change Proposals.................................................................................................................45 11.07 Execution of Change Orders.................................................................................................46 11.08 Notification to Surety...........................................................................................................47 Article12 — Claims......................................................................................................................... 47 E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iii 12.01 Claims...................................................................................................................................47 Article 13 — Cost of the Work; Allowances; Unit Price Work ........................................................ 48 13.01 Cost of the Work...................................................................................................................48 13.02 Allowances............................................................................................................................50 13.03 Unit Price Work....................................................................................................................51 Article 14 — Tests and Inspections; Correction, Removal or Acceptance of Defective Work....... 52 14.01 Access to Work.....................................................................................................................52 14.02 Tests, Inspections, and Approvals........................................................................................52 14.03 Defective Work.....................................................................................................................53 14.04 Acceptance of Defective Work.............................................................................................53 14.05 Uncovering Work..................................................................................................................53 14.06 Owner May Stop the Work...................................................................................................54 14.07 Owner May Correct Defective Work....................................................................................54 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period .......................... 55 15.01 Progress Payments...............................................................................................................55 15.02 Contractor's Warranty of Title.............................................................................................58 15.03 Substantial Completion........................................................................................................58 15.04 Partial Use or Occupancy......................................................................................................59 15.05 Final Inspection.....................................................................................................................59 15.06 Final Payment.......................................................................................................................59 15.07 Waiver of Claims...................................................................................................................61 15.08 Correction Period.................................................................................................................61 Article 16 — Suspension of Work and Termination....................................................................... 62 16.01 Owner May Suspend Work...................................................................................................62 16.02 Owner May Terminate for Cause............................................................................62 16.03 Owner May Terminate For Convenience.............................................................................63 16.04 Contractor May Stop Work or Terminate............................................................................63 Article 17 — Final Resolution of Disputes...................................................................................... 64 17.01 Methods and Procedures.....................................................................................................64 Article 18 — Miscellaneous............................................................................................................ 64 18.01 Giving Notice........................................................................................................................64 18.02 Computation of Times..........................................................................................................64 18.03 Cumulative Remedies...........................................................................................................64 E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iv 18.04 Limitation of Damages..........................................................................................................65 18.05 No Waiver.............................................................................................................................65 18.06 Survival of Obligations..........................................................................................................65 18.07 Controlling Law.....................................................................................................................65 18.08 Headings...............................................................................................................................65 E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page v ARTICLE 2 — DEFINITIONS AND TERMINOLOGY 2.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below. 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. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid —The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder —An individual or entity that submits a Bid to Owner. 6. Bidding Documents —The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order —A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal —A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim —(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer's decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 1 of 65 has declined to address. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern —Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract —The entire and integrated written contract between the Owner and Contractor concerning the Work. 13. Contract Documents —Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price —The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. . 15. Contract Times —The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor —The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work —See Paragraph 13.01 for definition. 18. Drawings —The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract —The date, indicated in the Agreement, on which the Contract becomes effective. 20. Engineer —The individual or entity named as such in the Agreement. 21. Field Order —A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 22. Hazardous Environmental Condition —The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 23. Laws and Regulations; Laws or Regulations —Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 65 24. Liens —Charges, security interests, or encumbrances upon Contract -related funds, real property, or personal property. 25. Milestone —A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 26. Notice of Award —The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 27. Notice to Proceed —A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 28. Owner —The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 29. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 30. Project —The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. 31. Project Manual —The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes. 32. Resident Project Representative —The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative. 33. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 34. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer's review of the submittals and the performance of related construction activities. 35. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 36. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 65 37. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 38. Specifications —The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 39. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 40. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 41. Successful Bidder —The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions. 42. Supplementary Conditions —The part of the Contract that amends or supplements these General Conditions. 43. 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 a Subcontractor. 44. Technical Data —Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06. 45. 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, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work —Work to be paid for on the basis of unit prices. 47. 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; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 65 48. Work Change Directive —A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 2.02 Terminology A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. 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 Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright aO 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 65 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words "furnish," "install," "perform," or "provide," then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. F. 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. ARTICLE 3 — PRELIMINARY MATTERS 3.01 Delivery of Bonds and Evidence of Insurance A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Contractor's Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6. C. Evidence of Owner's Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 3.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 3.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 65 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 3.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 3.05 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 3.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project -related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 65 computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 4 — DOCUMENTS: INTENT, REQUIREMENTS, REUSE 4.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. 4.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, 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, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their 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 part of the Contract Documents prepared by or for Engineer. 4.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, EJCDC° C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 8 of 65 error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 2. Contractor's Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 4.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer's written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 9 of 65 4.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner's express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 5 — COMMENCEMENT AND PROGRESS OF THE WORK 5.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier. 5.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date. 5.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 5.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 65 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 5.05 Delays in Contractor's Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and 4. acts of war or terrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5. E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 65 G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event. ARTICLE 6 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 6.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 6.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor's operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all 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 claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 65 by, or based upon, Contractor's performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent 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. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of 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 structures or land to stresses or pressures that will endanger them. 6.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site; 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 6S 6.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or 2. is of such a nature as to require a change in the Drawings or Specifications; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer's Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner's obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. C. Owner's Statement to Contractor Regarding Site Condition: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 65 c. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such commitment; or c. Contractor failed to give the written notice as required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition in question. 6.05 Underground Facilities A. Contractor's Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after EICDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 65 becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer's Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner's Statement to Contractor Regarding Underground Facility: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations in whole or in part. E. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; c. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times; and d. Contractor gave the notice required in Paragraph 5.05.13. 2. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 65 6.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 17 of 65 F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. H. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them 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 a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.13, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1 shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them 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 the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 65 ARTICLE 7 — BONDS AND INSURANCE 7.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor's obligations under the Contract. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed the accompanying bond. C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16. F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. 7.02 Insurance —General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 65 maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self -insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self -insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party's full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party's obligation to obtain and maintain such insurance. F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner's termination rights under Article 16. H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. I. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests. J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner and other individuals and entities in the Contract. 7.03 Contractor's Insurance A. Workers' Compensation: Contractor shall purchase and maintain workers' compensation and employer's liability insurance for: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees (by stop -gap endorsement in monopolist worker's compensation states). E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 65 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability —Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees. 2. claims for damages insured by reasonably available personal injury liability coverage. 3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. C. Commercial General Liability —Form and Content: Contractor's commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor's contractual indemnity obligations in Paragraph 7.18. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 2010 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, "Additional Insured —Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry -standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor's pollution liability insurance: Contractor shall purchase and maintain a policy covering third -party injury and property damage claims, including clean-up costs, as a result EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 65 of pollution conditions arising from Contractor's operations and completed operations. This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor's commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. H. Contractor's professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor. I. General provisions: The policies of insurance required by this Paragraph 6.03 shall: 1. include at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy. 4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. be appropriate for the Work being performed and provide protection from claims that 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. J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. E1CDC® C-700 (Rev.1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 65 7.04 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. B. Owner's liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner's liability policies for any of Contractor's obligations to the Owner, Engineer, or third parties. 7.05 Property Insurance A. Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder's risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder's risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as "insureds." 2. be written on a builder's risk "all risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft, smoke; theft; vandalism and malicious mischief, mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner -furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of civil Engineers. All rights reserved. Page 23 of 65 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder's risk insurance. 8. allow for the waiver of the insurer's subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co-insurance clause. 11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance/hot testing and start-up. 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each otherinsured. C. Deductibles: The purchaser of any required builder's risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder's risk policy, or through Contractor) will provide notice of such occupancy or use to the builder's risk insurer. The builder's risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder's risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder's risk insurance. E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder's risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor's expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount. E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 65 7.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder's risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.E shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder's risk insurance and any other property insurance applicable to the Work. 7.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 65 policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder's risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed. ARTICLE 8 — CONTRACTOR'S RESPONSIBILITIES 8.01 Supervision and Superintendence 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 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 resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 8.02 tabor, Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and 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, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner's written consent, which will not be unreasonably withheld. 8.03 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, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 26 of 65 guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment 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. 8.04 "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 Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item 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 is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below. 1. If Engineer in its sole discretion determines that 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, Engineer shall deem it an "or equal" item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer 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; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to Owner. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor's Expense: Contractor shall provide all data in support of any proposed "or equal" item at Contractor's expense. C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each "or -equal" request. Engineer may require Contractor to furnish additional data about the proposed "or -equal" item. Engineer will be the sole judge of acceptability. No "or -equal" item will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or -equal", which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. E}CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 65 D. Effect of Engineer's Determination: Neither approval nor denial of an "or -equal" request shall result in any change in Contract Price. The Engineer's denial of an "or -equal" request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. 8.05 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.13, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: a. shall certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design, 2) be similar in substance to that specified, and 3) be suited to the same use as that specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times, 2) 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 Owner for other work on the Project) to adapt the design to the proposed substitute item, and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from that specified, and EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 65 2) available engineering, sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. E. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute at Contractor's expense. F. Effect of Engineer's Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer's denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. 8.06 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor's Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days. E1 W C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 65 E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement. G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. Contractor shall be fully responsible to Owner and Engineer 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. J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work. K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier. E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 65 O. 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 Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 8.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors 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 specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them 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. 8.08 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor's Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 65 8.09 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 8.10 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, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them 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 such Work or other action. It shall not be Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor's Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 8.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 8.12 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; E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. Ali rights reserved. Page 32 of 65 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, other work in progress, 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 Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.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 at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). G. Contractor's duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 8.13 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 8.14 Hazard Communication Programs A. 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 E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 65 exchanged between or among employers at the Site in accordance with Laws or Regulations. 8.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 8.16 Shop Drawings, Samples, and Other Submittals A. Shop Drawing and Sample Submittal Requirements: 1. Before submitting a Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review of that submittal, and that Contractor approves the submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 65 provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D. 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval 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. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Engineer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order. 5. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. Engineer's review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer's receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document. EICDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 65 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer's charges to Owner for such time. Owner may impose a set- off against payments due to Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer's charges to Owner for its review time, and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 8.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on 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 Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal; 6. the issuance of a notice of acceptability by Engineer; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by Owner. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 65 D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor's performance obligations to Owner for the Work described in the assigned contract. 8.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them 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 the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any 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. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any 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, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 8.19 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. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations. 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, Owner and Engineer 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 other submittals prepared by such professional. Shop EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 37 of 65 Drawings and other 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 Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this paragraph, Engineer's review and approval 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. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7.16.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer. ARTICLE 9 — OTHER WORK AT THE SITE 9.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner's employees, or through contracts between the Owner and third parties. Owner may also arrange to have third -party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner's employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. 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 Engineer and the others whose work will be affected. D. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 8, Contractor shall inspect such other work and promptly report to Engineer 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 and deficiencies in such other work. E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 65 9.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. an itemization of the specific matters to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 9.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner's employees, any other contractor working for Owner, or any utility owner for whom the Owner is responsible causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor's rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Contractor, and assign to such other contractor or utility owner the Owner's contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner's employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor's failure to take reasonable and customary measures with respect to Owner's other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 39 of 65 D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all 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 damage, delay, disruption, or interference. ARTICLE 10—OWNER'S RESPONSIBILITIES 10.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 10.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer's status under the Contract Documents shall be that of the former Engineer. 10.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 10.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 10.05 Lands and Easements; Reports, Tests, and Drawings A. Owner's duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 10.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 10.07 Change Orders A. Owner's responsibilities with respect to Change Orders are set forth in Article 11. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 65 10.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 10.09 Limitations on Owner's Responsibilities A. The Owner 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. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 10.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 10.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents (including obligations under proposed changes in the Work). 10.12 Safety Programs A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 11— ENGINEER'S STATUS DURING CONSTRUCTION 11.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract. 11.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional 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, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of civil Engineers. All rights reserved. Page 41 of 65 or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or 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. 11.03 Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 11.04 Rejecting Defective Work A. Engineer has the authority to reject Work in accordance with Article 14. 11.05 Shop Drawings, Change Orders and Payments A. Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16. B. Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19. C. Engineer's authority as to Change Orders is set forth in Article 11. D. Engineer's authority as to Applications for Payment is set forth in Article 15. 11.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 11.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 11.08 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. E)CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 65 B. Engineer will not supervise, direct, control, or have authority over or 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. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any. 11.09 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives will comply with the specific applicable requirements of Owner's and Contractor's safety programs (if any) of which Engineer has been informed. ARTICLE 12 — AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 12.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. 1. Change Orders: a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. 2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive's effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright @ 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 43 of 65 adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive. 3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 12.02 Owner -Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer's recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 12.03 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 12.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 65 the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 11.04.C). C. Contractor's Fee: When applicable, the Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 13.01.8.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.04.C.2.a and 11.04.C.2.b is that the Contractor's fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive. 12.05 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor's progress. 12.06 Change Proposals A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set-off against payment due; or seek other relief under E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 65 the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. 1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. 2. Engineer's Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer's inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 3. Binding Decision: Engineer's decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. 12.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner's acceptance of defective Work under Paragraph 14.04 or Owner's correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer's recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 65 B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 12.08 Notification to Surety A. 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 Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 13 — CLAIMS 13.01 Claims A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor's knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 65 submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator's fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 14 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 14.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost -plus -fee, time -and -materials, or other cost -based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 65 thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 49 of 65 other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.6.1 or specifically covered by Paragraph 13.01.13.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.13. D. Contractor's Fee: When the Work as a whole is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 11.04.C. E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 14.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. EJCDC® C-700 (Rev.1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 65 B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 14.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph. E. Within 30 days of Engineer's written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 65 ARTICLE 15 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 15.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction 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. 15.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 65 cover the same and Engineer had not acted with reasonable promptness in response to such notice. 15.03 Defective Work A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not defective. B. Engineer's Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 15.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer's confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 15.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 (National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 53 of 65 B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer's observation, and then replace the covering, all at Contractor's expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor's full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2. if the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 15.06 Owner May Stop the Work A. 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, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner 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. 15.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, 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, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner 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 stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set- offs against payments due under Article 15. Such claims, costs, losses and damages will E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54 of 65 include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 14.07. ARTICLE 16 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD 16.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost -based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 55 of 65 a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set -offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56 of 65 e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended (subject to any Owner set -offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set -offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. claims have been made against Owner on account of Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; I. there are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of 65 remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement. 16.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 16.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner's objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner's use or occupancy of the Work following Substantial Completion, review the builder's risk insurance policy with respect to the end of the builder's risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner's use or occupancy of the Work. EJCDC11 C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 58 of 65 E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 16.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work. 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder's risk or other property insurance. 16.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 16.06 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59 of 65 inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set -offs against payment that are necessary in Engineer's opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer's written recommendation of final payment. D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer's recommendation, E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright co 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60 of 65 including but not limited to set -offs for liquidated damages and set -offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor. 16.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor's failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor's continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 16.08 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; 3. if the defective Work has been rejected by Owner, 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 to other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay 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 correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61 of 65 E. Contractor's obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 17 — SUSPENSION OF WORK AND TERMINATION 17.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work. 17.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor's repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.8 if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 62 of 65 and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.E and 16.02.D. 17.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 17.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 63 of 65 expenses or damage directly attributable to Contractor's stopping the Work as permitted by this paragraph. ARTICLE 18— FINAL RESOLUTION OF DISPUTES 18.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 19 — MISCELLANEOUS 19.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice. 19.02 Computation of Times A. When any period of time is referred to in the Contract 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 by the law of the applicable jurisdiction, such day will be omitted from the computation. 19.03 Cumulative Remedies A. 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. 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. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 64 of 65 19.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 19.05 No Waiver A. A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 19.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 19.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 19.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 65 of 65 007300-1 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 1 of 24 Section 00 73 00 Supplemental Conditions to the Standard General Conditions of the Construction Contract Table of Contents ARTICLE 1-DEFINITIONS AND TERMINOLOGY................................................................................................... 3 SC1.01 Defined Terms................................................................................................................................3 SC1.02 Terminology................................................................................................................................... 3 ARTICLE 2-PRELIMINARY MATTERS..................................................................................................................4 SC2.02 Copies of Documents.......................................................................................................................4 SC 2.03 Before Starting Construction.............................................................................................................4 ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK.........................................................................4 SC 4.01 Commencement of Contract Times; Notice to Proceed........................................................................4 SC4.02 Starting the Work............................................................................................................................4 SC4.03 Reference Points............................................................................................................................. 5 ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS...................................................................................................................... 6 SC 5.03 Subsurface and Physical Conditions.................................................................................................. 6 SC 5.06 Hazardous Environmental Conditions............................................................................................... 6 ARTICLE 6-BONDS AND INSURANCE................................................................................................................ 7 SC 6.01 Performance, Payment, and Other Bonds......................................................................................... 7 SC 6.02 Insurance -General Provisions..................................................................................................... 8 SC 6.03 Contractor's Insurance.................................................................................................................... 8 ARTICLE 7— CONTRACTOR'S RESPONSIBILITIES............................................................................................13 SC 7.01 Supervision and Superintendence...................................................................................................13 SC7.02 Labor; Working Hours....................................................................................................................14 SC 7.06 Concerning Subcontractors, Suppliers, and Others............................................................................16 SC7.09 Taxes...........................................................................................................................................16 SC7.12 Safety and Protection....................................................................................................................17 SC 7.16 Shop Drawing, Samples, and Other Submittals.........................................18 SC 7.17 Contractor's General Warranty and Guarantee.................................................................................18 MORINGSTAR — WESTPOINT BLVD. Project No. 104118 007300-2 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 2 of 24 SC7.18 Indemnification.............................................................................................................................. 18 SC 7.19 Delegation of Professional Design Services....................................................................................... 21 ARTICLE 13-COST OF WORK; ALLOWANCES; UNIT PRICE WORK....................................................................... 22 SC13.01 Cost of Work................................................................................................................................ 22 LIST OF TABLES Table 1: Additional Insureds ............... Table 2: Prevailing Wage Rates........... Table 3: Additional Indemnified Parties ................ ........................................... I... 11 ............................................................................14 ............................................................................20 MORINGSTAR — WESTPOINT BLVD. Project No. 104118 007300-3 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 3 of 24 Section 00 73 00 Supplemental Conditions to the Standard General Conditions of the Construction Contract These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, E3CDC® C-700 (2013 Edition). All provisions that are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE 1- .DEFINITIONS AND TERMINOLOGY SC 1.01 Defined Terms SC 1.01.A Add the following new paragraphs immediately after Paragraph 1.01.A.48: 49. "Construction Manager" shall mean the person designated by Owner, who shall be the Owner's agent for making decisions or giving approvals at the Project Site which may be necessary or prudent for the smooth flow of the Work. All notices required to be given by Contractor to Owner in this Contract shall be deemed properly delivered to Owner when delivered to Construction Manager and Contractor shall be entitled to rely on Construction Manager's instruction and approvals. Owner shall have the right to change the Construction Manager at any time. 50. "Developer" shall mean An individual or entity that desires to make certain improvements within the City of Fort Worth. 51. "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. SC 1.02 Terminology SC 1.02.C. Delete Paragraph 1.02.C. in its entirety and insert the following in its place: MORINGSTAR — WESTPOINT BLVD. Project No. 104118 007300-4 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 4 of 24 C. Day; The word "Day" means "Calendar Day." Calendar Day is defined as any day indicated on the calendar, for any given year, including Saturdays and Sundays. A "Calendar Day" is further defined as every day of the year, excluding the following recognized legal Holidays; New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Friday following, Christmas Eve and Christmas Day. ARTICLE 2-PRELIMINARY MATTERS SC 2.02 Copies of Documents SC-2.02.A Amend the first sentence of Paragraph 2.02.A. to read as follows: Owner shall furnish to Contractor two (2) copies of the Contract Documents (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). SC 2.03 Before Starting Construction SC 2.03.A.1 Delete Paragraph 2.03.A.1. in its entirety and insert the following in its place: 1. A preliminary progress schedule shall detail all phases of construction, including project clean up, and allow the contractor to complete the work in the allotted time. Contract time will start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. ARTICLE 4-COMMENCEMENT AND PROGRESS OF THE WORK SC 4.01 Commencement of Contract Tinges; Notice to Proceed SC 4.01.A Delete Paragraph 4.01.A. in its entirety and insert the following in its place: A. Upon execution of contract documents by the owner, a written Notice to Proceed will be issued by Engineer. No work will be authorized to be done by the Contractor until the Notice to Proceed is received and any work done will be the sole responsibility of the Contractor. SC 4.02 Starting the Work SC 4.02.A Delete Paragraph 4.02.A. in its entirety and insert the following in its place: MORINGSTAR — WESTPOINT BLVD. Project No. 104118 007300-5 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 5 of 24 A. The Contractor shall commence work within ten (10) calendar days after the date of written notice. SC 4.03 Reference Points SC 4.03.A Delete Paragraph 4.03.A. in its entirety and insert the following in its place: A. A one-time survey staking shall be provided by the Engineer, which will include the following: 1. Set initial construction control. 2. Stake and grade both sides of right-of-way of roadways at 100' stations or at lot corners for excavation/fill operations. 3. Stake and grade building pad areas (front & rear). 4. Perform verification of street, alley, and pad grades prior to utility work. 5. Stake with offsets storm drains, inlets and headwalls. Set hubs for construction of tops/inverts 6. Stake sanitary sewer alignment with flowline elevations at 50'intervals. Set hubs for construction of manhole tops. 7. Stake lot corners of street right-of-ways for sanitary sewer laterals and water services. 8. Stake lot corners right-of-way for water mains with fire hydrant locations and grades. Where water main is non -concentric to right-of-way, stake centerline of water mains at 50' intervals. 9. Perform verification of utility contractors re- grading of streets after utility installation. 10. Stake and grade with an offset back of curb/edge of pavement at 50' intervals. 11. Stake lot corners for franchise utility construction. 12. Stake and grade retaining walls. 13. Final set all lot corners after final construction as required by final plat. MORINGSTAR — WESTPOINT BLVD. Project No. 104118 007300-6 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 6 of 24 14. Verify completed final graded building pad elevations. SC 4.03 Add the following paragraph after 4.03.A: B. The Contractor shall notify the Engineer seven (7) days prior to start-up so as to allow the Engineer to set his control and provide stakes for construction. The Contractor shall notify the Engineer, in writing, at least SEVENTY-TWO (72) hours in advance of the date when specific staking services are desired, giving the specific location and/or limiting stations. The Engineer shall be notified of any change of sequence of schedule which is established in the pre -construction meeting. ARTICLE 5— AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC 5.06 Hazardous Environmental Conditions SC 5.06 Delete Paragraphs 5.06.A and 5.06.113 in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. ARTICLE 6-BONDS AND INSURANCE SC 6. 01 Performance, Payment, and Other Bonds SC 6.01.A Delete paragraph 6.01.A in its entirety and insert the following in its place: 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 for the bid proposal form as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. SC 6.01.113 Delete paragraph 6.01.113 in its entirety and insert the following in its place: 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 6.01.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 6.01.0 and SC 6.01.I. MORINGSTAR - WESTPOINT BLVD. Project No. 104118 007300-7 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 7 of 24 SC 6.01 Add the following paragraphs after 6.01.F: G. Contractor shall furnish maintenance bonds in the name of the 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. H. 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 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects and Supplemental Conditions. SC 6.02 Insurance -General Provisions SC 6.02.A Add the following language at the end of Paragraph 6.02.A: and Article 4 in the Standard City Conditions of The Construction Contract For Developer Awarded Projects (Section 00 73 10). SC 6.02.13 Delete the following paragraph and insert the following in its place: B. All 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 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects (Section 00 73 10) and Supplemental Conditions. SC 6.02.13 Delete the following paragraph and insert the following in its place: D. Not Used SC 6.02.F Delete the following paragraph and insert the following in its place: F. Not Used SC 6.03 Contractor's Insurance MORINGSTAR — WESTPOINT BLVD. Project No. 104118 007300-8 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 8 of 24 SC 6.03.A Delete paragraph 6.03.A in its entirety and insert the following in its place: 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 i. $100,000 each accident/occurrence ii. $100,000 Disease - each employee iii. $500,000 Disease - policy limit SC 6.03.113 Delete paragraph 6.03.E in its entirety and insert the following in its place: 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 MORINGSTAR — WESTPOINT BLVD. Project No. 104118 007300-9 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 9 of 24 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. SC 6.03.0 Delete paragraph 6.03.0 in its entirety and insert the following in its place: C. Not Used SC 6.03.13 Delete paragraph 6.03.13 in its entirety and insert the following in its place: D. 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. L $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: ii. $250,000 Bodily Injury per person iii. $500,000 Bodily Injury per accident iv. $100,000 Property Damage SC 6.03.E Delete paragraph 6.03.E in its entirety and insert the following in its place: E. Not Used MORINGSTAR — WESTPOINT BLVD. Project No_ 104118 007300-10 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 10 of 24 SC 6.03.E Delete paragraph 6.03.E in its entirety and insert the following in its place: F. Not Used SC 6.03.G Add the following language at the end of Paragraph 6.03.G. The entities listed in Table 1: Additional Insureds are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. Table 1: Additional Insureds 1. City 2. FG Aledo Development, LLC 3. Morningstar Ranch Municipal Utility District Nos. 1 and 2 SC 6.03.1 Delete paragraph 6.03.1 in its entirety and insert the following in its place: I. 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. 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. 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. MORINGSTAR — WESTPOINT BLVD. Project No. 104118 007300-11 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 11 of 24 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. B. 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 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. MORlNGSTAR — WESTPO/NT BLVD. Project No. 104118 007300-12 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 12 of 24 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. ARTICLE 7— CONTRACTOR'S RESPONSIBILITIES SC 7.01 Supervision and Superintendence SC 7.01.E Delete paragraph 7.01.E in its entirety and insert the following in its place: 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 Citv. Owner. and Engineer. 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. SC 7.01 Add the following paragraphs after 7.01.111: C. Contractor shall notify the Citv. Owner. and Enqineer 24 hours prior to moving areas during the sequence of construction. D. The Contractor shall notify the Engineer seven (7) days prior to start-up so as to allow the Engineer to set his control and provide stakes for construction. The Contractor shall notify the Engineer, in writing, at least SEVENTY-TWO (72) hours in advance of the date when specific staking services are desired, giving the specific location and/or limiting stations. The Engineer shall be notified of any change of sequence of schedule which is established in the pre -construction meeting. MORINGSTAR — WESTPOINT BLVD. Project No. 104118 007300-13 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 13 of 24 SC 7.02 Add the following new paragraphs after 7.02.B: C. Wage Rates: The contractor is required to pay prevailing wage rates as defined in 5.08.A- H of the Standard City Conditions of the Construction Contract for Developer Awarded Contracts. 1. The Prevailing Wage Rates for Heavy and Highway Construction Projects as provided by the City in Table 2: Prevailing Wage Rates are as follows: Table 2: Prevailing Wage Rates CLASSIFICATION DESCRIPTION Wage Rate Asphalt Distributor Operator $ 15.32 Asphalt Paving Machine Operator $ 13.99 MORINGSTAR — WESTPOINT BLVD. Project No. 104118 007300-14 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 14 of 24 Asphalt Raker Broom or Sweeper Operator Concrete Finisher, Paving and Structures Concrete Pavement Finishing Machine Operator Concrete Saw Operator Crane Operator, Hydraulic 80 tons or less Crane Operator, Lattice Boom 80 Tons or Less Crane Operator, Lattice Boom Over 80 Tons Crawler Tractor Operator Electrician Excavator Operator, 50,000 pounds or less Excavator Operator, Over 50,000 pounds Flagger Form Builder/Setter, Structures Form Setter, Paving & Curb Foundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Operator, 3 CY or Less Front End Loader Operator, Over 3 CY Laborer, Common Laborer, Utility Loader/Backhoe Operator Mechanic Milling Machine Operator Motor Grader Operator, Fine Grade Motor Grader Operator, Rough Off Road Hauler Pavement Marking Machine Operator Pipelayer Reclaimer/Pulverizer Operator Reinforcing Steel Worker Roller Operator, Asphalt Roller Operator, Other Scraper Operator Servicer Small Slipform Machine Operator Spreader Box Operator Truck Driver Lowboy -Float Truck Driver Transit -Mix Truck Driver, Single Axle Truck Driver, Single or Tandem Axle Dump Truck Truck Driver, Tandem Axle Tractor with Semi Trailer Welder Work zone Barricade Servicer $ 12.69 $ 11.74 $ 14.12 $ 16.05 $ 14.48 $ 18.12 $ 17.27 $ 20.52 $ 14.07 $ 19.80 $17.19 $16.99 $10.06 $ 13.84 $13.16 $17.99 $21.07 $ 13.69 $ 14.72 $ 10.72 $ 12.32 $ 15.18 $ 17.68 $ 14.32 $ 17.19 $ 16.02 $ 12.25 $ 13.63 $ 13.24 $ 11.01 $ 16.18 $ 13.08 $ 11.51 $ 12.96 $ 14.58 $ 15.96 $ 14.73 $ 16.24 $ 14.14 $ 12.31 $ 12.62 $ 12.86 $ 14.84 $ 11.68 MORINGSTAR - WESTPOINT BLVD. Project No. 104118 007300-15 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 15 of 24 The Davis -Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by the United States Department of Labor and current as of September 2013. The titles and descriptions for the classifications listed are detailed in the AGC of Texas' Standard Job Classifications and Descriptions for Highway, Heavy, Utilities, and Industrial Construction in Texas. SC 7.06 Concerning Suhcontractors, Suppliers, and Others SC 7.06.A Add the following paragraph immediately following 7.06.A: A. Pre -Qualification of Bidders (Contractors and Subcontractors): All Work on Water, Sewer, Drainage, Paving, and Street Light Improvements shall be performed by pre -qualified contractors as determined by the City of Fort Worth. SC 7.06 Add the following paragraph immediately following 7.06.0: P. All work performed by a Subcontractor must comply with prevailing wage rates as defined in Table 2: Prevailina Waae Rates on Page 14. SC 7.09 Taxes SC 7.09.A Delete Paragraph 7.09.A in its entirety and insert the following in its place: A. On a contract awarded by the Municipal Utility District, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. SC 7.09 Add the following new paragraph immediately after Paragraph 7.09.A: B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division MORINGSTAR — WESTPOINT BLVD. Project No. 104118 00 73 00 - 16 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 16 of 24 Capitol Station Austin, TX 78711; or 2. htto://www.window.state.tx.us/taxinfo/taxforms/93- forms.html SC 7.12 Safety and Protection SC 7.12.A Add the following new paragraphs immediately after Paragraph 7.12.A.3. 4. All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. 5. By ordinance, the contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights -of -way and designated alleys. This permit can be obtained by calling the Forestry Office at (817) 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. 6. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. 7. Fences: The Contractor will be required to replace or repair all fences (hog wire, barbed wire, cyclone, wood, etc.) damaged or moved in connection with operations under this contract, using new material where necessary. The Contractor will be allowed to replace the original fence or relocate the fence, whichever is required, using the materials from the original fence, providing this material is usable in the opinion of the Engineer. When new material is necessary, such material will be a replacement of the original fence as regards to type of fencing, posts, and construction. The cost of MORINGSTAR - WESTPOINT BLVD. Project No. 104118 007300-17 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 17 of 24 this fence replacement will be considered incidental and included in the unit bid price for the respective item affected. SC-7.12.E. Amend the 1st sentence of paragraph 7.12.E. by adding the following paragraph references after 7.12.A.3: "7.12.A.5" and "7.12.A.7" SC 7.16 Shop Drawing, Samples, and Other Submittals SC 7.16.A Amend paragraph 7.16.A by inserting the following sentence before the first sentence of paragraph A: All Work on Water, Sewer, Drainage, Paving, and Street Light Improvements shall comply with 5.16 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects (Section 00 73 10). SC 7.17 Contractor's General Warranty and Guarantee SC 7.17.A Amend paragraph 7.17.A by inserting the following sentence before the first sentence of paragraph A: All Work on Water, Sewer, Drainage, Paving, and Street Light Improvements shall comply with 5.17 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects (Section 00 73 10). SC 7.18Indemnification SC 7.18.A Delete Paragraph 7.18.A in its entirety and insert the following in its place: P. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, OWNER, DEVELOPER ITS BOARD, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, ENGINEER AND ITS CONSULTANTS, DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES AND DEVELOPER AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE "INDEMNITEES"), FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, CAUSES OF ACTION, LIENS OR CLAIMS OF LIEN, SETTLEMENTS, LIABILITIES, COSTS, EXPENSES, FINES, AND JUDGMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE AND NECESSARY COURT COSTS, EXPERTS' FEES AND ATTORNEY'S FEES) (COLLECTIVELY, "LOSSES"), WHETHER ARISING IN EQUITY, AT COMMON LAW, OR BY STATUTE, INCLUDING WITHOUT LIMITATION THE TEXAS DECEPTIVE TRADE MORINGSTAR — WESTPOINT BLVD. Project No. 104118 007300-18 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 18 of 24 PRACTICES ACT (AS AMENDED) OR SIMILAR STATUTE OF OTHER JURISDICTIONS, OR UNDER THE LAW OF CONTRACTS, TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY WITHOUT REGARD TO FAULT) OR PROPERTY, OF EVERY KIND OR CHARACTER INCLUDING, WITHOUT LIMITATION, CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY, EMOTIONAL DISTRESS AND ECONOMIC LOSS, ARISING IN FAVOR OF OR BROUGHT BY ANY OF THE CONTRACTOR'S EMPLOYEES, AGENTS, SUBCONTRACTORS, SUPPLIERS OR REPRESENTATIVES, OR BY ANY GOVERNMENTAL AGENCY OR ANY PERSON OR PARTY, BASED UPON, IN CONNECTION WITH, RELATING TO OR ARISING OUT OF THE WORK, THE CONTRACTOR'S FAILURE TO COMPLY WITH THE CONTRACT DOCUMENTS, OR THE CONTRACTOR'S ACTIONS OR INACTIONS UNDER THE CONTRACT DOCUMENTS, INCLUDING WITHOUT LIMITATION ANY FAILURE TO PAY TAXES OR FAILURE TO COMPLY WITH ANY APPLICABLE LAW, AND EVEN IF ANY SUCH LOSSES ARE DUE IN PART TO ANY INDEMNITEES' CONCURRENT, JOINT OR CONTRIBUTORY NEGLIGENCE OR OTHER FAULT, BREACH OF CONTRACT OR WARRANTY, VIOLATION OF STATUTE, OR STRICT LIABILITY WITHOUT REGARD TO FAULT. 1. IT IS THE EXPRESS INTENTION OF THE CONTRACTOR TO INDEMNIFY THE INDEMNITEES FROM THE CONSEQUENCES OF THEIR RESPECTIVE JOINT, PARTIAL OR CONTRIBUTORY NEGLIGENCE. THE INDEMNIFICATION OBLIGATION UNDER THIS PARAGRAPH SHALL SURVIVE COMPLETION OF THE PROJECT, TERMINATION OF THE CONTRACT, FINAL PAYMENT AND/OR ABANDONMENT OF THE PROJECT. THIS INDEMNITY IS CUMMULATIVE OF OTHER INDEMNITEES IN THE CONTRACT DOCUMENTS INCLUDING BUT NOT LIMITED TO 7.18. SC 7.18.B Amend the first sentence of paragraph 7.18.B to read as the follows: In any and all claims against DEVELOPER, OWNER OR ENGINEER or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform MORINGSTAR - WESTPOINT BLVD. Project No. 104118 007300-19 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 19 of 24 any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. SC 7.18 Add the following new paragraphs immediately after Paragraph 7.18.C: D. Contractor covenants and agrees to indemnify Developer's engineer and its personnel at the project site for contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Developer and the City, their officers, "additional indemnified parties", servants and employees, from and against any and all claims or suits for property loss including third party's loss of use, property damage, personal injury including emotional distress, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of the Developer or the City, their officers„ "additional indemnified parties", servants or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Developer, "additional indemnified parties", and the City from and against any and all injuries to Developer or City's officers, "additional indemnified parties", servants and employees and any damage, loss or destruction to property of the Developer, "additional indemnified parties", or the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of the Developer or the City, their officers, "additional indemnified parties", servants or employees. E. The "additional indemnified parties" are listed below in Table 3: Additional Indemnified Parties. Table 3: Additional Indemnified Parties 1. City 2. Consultant: Welch Engineering, Inc. MORINGSTAR — WESTPOINT BLVD. Project No. 104118 00 73 00 - 20 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 20 of 24 3. FG Aledo Development, LLC 4. Morningstar Ranch Municipal Utility District Nos. 1 and 2 F. IT IS THE EXPRESS INTENTION OF THE CONTRACTOR TO INDEMNIFY THE INDEMNITEES FROM THE CONSEQUENCES OF THEIR RESPECTIVE JOINT, PARTIAL OR CONTRIBUTORY NEGLIGENCE. THE INDEMNIFICATION OBLIGATION UNDER THIS PARAGRAPH SHALL SURVIVE COMPLETION OF THE PROJECT, TERMINATION OF THE CONTRACT, FINAL PAYMENT AND/OR ABANDONMENT OF THE PROJECT. THIS INDEMNITY IS CUMULATIVE OF OTHER INDEMNITEES IN THE CONTRACT DOCUMENTS INCLUDING BUT NOT LIMITED TO 7.18. G. The obligation of the CONTRACTOR under Paragraph 6.20 shall not extend to the liability of the ENGINEER, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, change orders, designs or specifications, or the giving of or the failure to give directions or instructions by the ENGINEER, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. It is understood and agreed that Section 7.18 is subject to, and expressly limited by, the terms and conditions OF TEXAS CIV. PRAC. & REM. CODE ANN. § 130.001 - .005 as amended. MORINGSTAR — WESTPOINT BLVD, Project No. 104118 007300-21 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 21 of 24 ARTICLE 13-COST OF WORK; ALLOWANCES; UNIT PRICE WORK SC 13.01 Cost of Work SC 13.01.113.5 Add the following new paragraphs immediately after Paragraph 13.01.B.5.i: j. Excavation of Material/Trench Spoils: Any and all rock material encountered during trenching and excavation shall be incidental to construction and not to be considered as a pay item. Excess spoil material including those generated from all retaining walls built on site, shall be wasted on property in areas determined by the construction manager. Contractor will not disburse any spoils until Construction Manager issues written instructions as to where spoils shall be placed. Spoils shall contain no rocks larger than 4" in diameter unless approved by the Construction Manager. Each Contractor is responsible for their spoils. Any and all rock spoils generated from utility (water, sanitary, and/or storm) excavation shall be considered incidental to construction and not to be considered as a pay item. k. Adjustment of Utilities: It shall be the responsibility of the Contractor to perform any necessary final grade adjustments to all appurtenances (valve stacks, manhole rims, fire hydrants, etc.) and for pouring any block outs required by the governing public authority. The Utility Contractor shall be responsible for providing false manhole bottoms and inlet protection during paving operations. The cost to perform this work shall be incidental to the pay items. I. Water for Construction: All water required shall be furnished by the Contractor at his expense and shall be from a clean, potable water source. m. Dewatering: Dewatering, if required, is not included as a separate pay item and shall be included subsidiary to the bid items. Contractor shall make determination of extent of dewatering necessary to complete the project in accordance with the plans and specifications. n. Obstructions: Relocation of utility poles, underground utilities, and similar items will be performed by developer, except where otherwise indicated on the drawings. The Contractor shall coordinate and plan his work around such relocation or removal. o. STORMWA TER POLLUTION PREVENTION PLAN: The Contractor will be responsible for any and all monetary fines or damages assessed by any MORINGSTAR — WESTPOINT BLVD. Project No. 104118 007300-22 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 22 of 24 governing agency resulting from the negligence to comply with the requirements of the project Storm Water Pollution Prevention Plan. The Owner will not be responsible for any such monetary fines or damages for non-compliance of the project Storm Water Pollution Prevention Plan by the Contractor. p. SITE DRAINAGE: The Contractor, prior to submitting a contractual bid, shall observe and inspect the project site conditions, including surface and subsurface conditions and observing the current drainage pattern of the entire property, as well as that of adjacent properties. The subject site should be examined extensively for the presence of standing water, saturated or boggy ground, a high water table, and dry or wet creeks or other seasonal drainage ways, swales and channels all of which may affect surface drainage. The Contractor, at his expense, shall monitor and examine site drainage and take appropriate measures to carry storm water runoff, without erosion of on -site soils, so as to not subject the construction site to flooding at any time. The Contractor shall be responsible for maintaining and managing the construction site drainage at all times during construction at no additional expense to the Owner. q. TREE DISPOSAL: Contractor is responsible for the disposal of all removed trees at Contractor's sole expense. Contractor may be allowed to use the following methods of disposal: i. Burn on -site, if allowed by governing municipality, in area designated by the Owner's Representative, in accordance with municipality's regulations. All permitting will be at the expense of the Contractor. Onsite burning may only occur on Property that falls within Morningstar Ranch Municipal Utility District Nos. 1 or 2. ii. Chip removed trees and spread in area designated by the Owner's Representative, at Contractor's expense. iii. Haul offsite at Contractor's Expense MORINGSTAR — WESTPOINT BLVD. Project No. 104118 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 — Definitions and Terminology.......................................................................................................... I 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology..................................................................................................................................5 Article2 — Preliminary Matters......................................................................................................................... 6 2.01 Before Starting Construction........................................................................................................ 6 2.02 Preconstruction Conference..........................................................................................................6 2.03 Public Meeting.............................................................................................................................. 6 Article 3 — Contract Documents and Amending............................................................................................... 6 3.01 Reference Standards.....................................................................................................................6 3.02 Amending and Supplementing Contract Documents.................................................................. 6 Article 4 — Bonds and Insurance....................................................................................................................... 7 4.01 Licensed Sureties and Insurers..................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds........................................................................7 4.03 Certificates of Insurance............................................................................................................... 7 4.04 Contractor's Insurance..................................................................................................................9 4.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................12 Article 5 — Contractor's Responsibilities........................................................................................................12 5.01 Supervision and Superintendent.................................................................................................12 5.02 Labor; Working Hours................................................................................................................13 5.03 Services, Materials, and Equipment...........................................................................................13 5.04 Project Schedule..........................................................................................................................14 5.05 Substitutes and "Or-Equals".......................................................................................................14 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors).....................................16 5.07 Concerning Subcontractors, Suppliers, and Others...................................................................16 5.08 Wage Rates..................................................................................................................................18 5.09 Patent Fees and Royalties...........................................................................................................19 5.10 Laws and Regulations.................................................................................................................19 5.11 Use of Site and Other Areas.......................................................................................................19 5.12 Record Documents......................................................................................................................20 5.13 Safety and Protection..................................................................................................................21 5.14 Safety Representative.................................................................................................................21 5.15 Hazard Communication Programs.............................................................................................22 5.16 Submittals....................................................................................................................................22 5.17 Contractor's General Warranty and Guarantee..........................................................................23 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification........................................................................................................................... 24 5.19 Delegation of Professional Design Services..............................................................................24 5.20 Right to Audit: ............................................................................................................................ 25 5.21 Nondiscrimination.......................................................................................................................25 Article 6 - Other Work at the Site...................................................................................................................26 6.01 Related Work at Site................................................................................................................... 26 Article 7 - City's Responsibilities...................................................................................................................26 7.01 Inspections, Tests, and Approvals..............................................................................................26 7.02 Limitations on City's Responsibilities.......................................................................................26 7.03 Compliance with Safety Program...............................................................................................27 Article 8 - City's Observation Status During Construction...........................................................................27 8.01 City's Project Representative.....................................................................................................27 8.02 Authorized Variations in Work..................................................................................................27 8.03 Rejecting Defective Work..........................................................................................................27 8.04 Determinations for Work Performed..........................................................................................28 Article9 - Changes in the Work.....................................................................................................................28 9.01 Authorized Changes in the Work...............................................................................................28 9.02 Notification to Surety..................................................................................................................28 Article 10 - Change of Contract Price; Change of Contract Time................................................................ 28 10.01 Change of Contract Price............................................................................................................28 10.02 Change of Contract Time............................................................................................................ 28 10.03 Delays..........................................................................................................................................28 Article 11 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................29 11.01 Notice of Defects........................................................................................................................29 11.02 Access to Work........................................................................................................................... 29 11.03 Tests and Inspections.................................................................................................................. 29 11.04 Uncovering Work.......................................................................................................................30 11.05 City May Stop the Work.............................................................................................................30 11.06 Correction or Removal of Defective Work................................................................................30 11.07 Correction Period........................................................................................................................ 30 11.08 City May Correct Defective Work.............................................................................................31 Article12 - Completion.................................................................................................................................. 32 12.01 Contractor's Warranty of Title................................................................................................... 32 12.02 Partial Utilization........................................................................................................................32 12.03 Final Inspection...........................................................................................................................32 12.04 Final Acceptance.........................................................................................................................33 Article13 - Suspension of Work....................................................................................................................33 13.01 City May Suspend Work............................................................................................................33 Article14 - Miscellaneous.............................................................................................................................. 34 14.01 Giving Notice..............................................................................................................................34 CiPY OF PORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.02 Computation of Times................................................................................................................ 34 14.03 Cumulative Remedies................................................................................................................. 34 14.04 Survival of Obligations...............................................................................................................35 14.05 Headings......................................................................................................................................35 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 of35 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 verb 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 Citj; 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 Conti -actor'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 apart 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. m. 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. in. 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: 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 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 forth 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. 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 party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 4.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perforin 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 0073 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 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. 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 0073 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page I 1 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: N/A Write the name ofthe railroad company. (Ifnone, 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: N/A Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence:: N/A 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 0073 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. 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 0073 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 0073 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 narned 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 0073 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 5.05.13. 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 0073 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 0073 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. X ( 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 lth 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 0073 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 0073 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. 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 PORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 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 0073 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. 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: 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 PORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 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 0073 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 0073 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 0073 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 0073 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. S. 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 0073 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. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 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 0073 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: 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 if - 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 0073 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 011100 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 A. Work Covered by Contract Documents 19 1. Work is to include furnishing all labor, materials, and equipment, and performing 20 all Work necessary for this construction project as detailed in the Drawings and 21 Specifications. 22 B. Subsidiary Work 23 1. Any and all Work specifically governed by documentary requirements for the 24 project, such as conditions imposed by the Drawings or Contract Documents in 25 which no specific item for bid has been provided for in the Proposal and the item is 26 not a typical unit bid item included on the standard bid item list, then the item shall 27 be considered as a subsidiary item of Work, the cost of which shall be included in 28 the price bid in the Proposal for various bid items. 29 C. Use of Premises 30 1. Coordinate uses of premises under direction of the City. 31 2. Assume full responsibility for protection and safekeeping of materials and 32 equipment stored on the Site. 33 3. Use and occupy only portions of the public streets and alleys, or other public places 34 or other rights -of -way as provided for in the ordinances of the City, as shown in the 35 Contract Documents, or as may be specifically authorized in writing by the City. 36 a. A reasonable amount of tools, materials, and equipment for construction 37 purposes may be stored in such space, but no more than is necessary to avoid 38 delay in the construction operations. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CITY PROJECT No: 104118 Revised December 20, 2012 01 11 00 - 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 MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CITY PROJECT No: 104118 Revised December 20, 2012 01 11 00-3 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] i o PART 3 - EXECUTION [NOT USED] 12 13 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH MORNINGSTAR— WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CITY PROJECT No: 104118 Revised December 20, 2012 012500-1 SUBSTITUTION PROCEDURES Page I 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. 22 No 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 31 catalog 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 MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July 1, 2011 012500-2 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, the resulting cost and/or time reduction 46 will be documented by Change Order in accordance with the General Conditions. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July 1, 2011 012500-3 SUBSTITUTION PROCEDURES Page 3 of 4 1 4. No additional contract time will be given for substitution. 2 5. Substitution will be rejected if- 3 a. Submittal is not through the Contractor with his stamp of approval 4 b. Request is not made in accordance with this Specification Section 5 c. In the City's opinion, acceptance will require substantial revision of the original 6 design 7 d. In the City's opinion, substitution will not perform adequately the function 8 consistent with the design intent 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE 13 A. In making request for substitution or in using an approved product, the Contractor 14 represents that the Contractor: 15 1. Has investigated proposed product, and has determined that it is adequate or 16 superior in all respects to that specified, and that it will perform function for which 17 it is intended 18 2. Will provide same guarantee for substitute item as for product specified 19 3. Will coordinate installation of accepted substitution into Work, to include building 20 modifications if necessary, making such changes as may be required for Work to be 21 complete in all respects 22 4. Waives all claims for additional costs related to substitution which subsequently 23 arise 24 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 25 1.11 FIELD [SITE] CONDITIONS [NOT USED] 26 1.12 WARRANTY [NOT USED] 27 PART 2 - PRODUCTS [NOT USED] 28 PART 3 - EXECUTION [NOT USED] 29 END OF SECTION 30 Revision Log DATE NAME SUMMARY OF CHANGE 31 CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July 1, 2011 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 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: 10 01 25 00 - 4 SUBSTITUTION PROCEDURES Page 4 of 4 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Recommended Recommended Not recommended _Received late By Date Remarks Date Rejected MORNINGSTAR — WESTPOINT BLVD. CITY PROJECT NO.: 104118 1 2 3 PART1- GENERAL SECTION 013119 PRECONSTRUCTION MEETING 01 31 19 -1 PRECONSTRUCTION MEETING Pagel of 3 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. 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 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 execution of the 28 Agreement and before Work is started. 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. Project Representative 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 MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised August 17, 2012 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 01 31 19 - 2 PRECONSTRUCTION MEETING Page 2 of 3 e. Other City representatives f. Others as appropriate 4. Construction Schedule a. Prepare baseline construction schedule in accordance with Section 0132 16 and provide at Preconstruction Meeting. b. City will notify Contractor of any schedule changes upon Notice of Preconstruction Meeting. 5. 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 in. 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. M/WBE or MBE/SBE procedures hh. Final Acceptance ii. Final Payment J. Questions or Comments CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 MORNINGSTAR — WESTPOINT BLVD. CITY PROJECT NO.: 104118 0131 19 - 3 PRECONSTRUCTION MEETING Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL 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 Revision Log DATE NAME SUMMARY OF CHANGE 13 CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised August 17, 2012 01 32 16 - 1 CONSTRUCTION PROGRESS SCHEDULE Pagel of 5 1 SECTION 0132 16 2 CONSTRUCTION PROGRESS SCHEDULE 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General requirements for the preparation, submittal, updating, status reporting and 7 management of the Construction Progress Schedule 8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 9 Document 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. Modified 1.2A.1 12 2. Added 1.2A.2 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. Unit Price - Work associated with this Item is considered subsidiary to the various 19 items bid. No separate payment will be allowed for this Item. 20 2. Lump Sum Price - Work associated with this Item is included in the total lumn_ 21 sum price. 22 1.3 REFERENCES 23 A. Definitions 24 1. Schedule Tiers 25 a. Tier 1- No schedule submittal required by contract. Small, brief duration 26 projects 27 b. Tier 2 - No schedule submittal required by contract, but will require some 28 milestone dates. Small, brief duration projects 29 c. Tier 3 - Schedule submittal required by contract as described in the 30 Specification and herein. Majority of City projects, including all bond program 31 projects 32 d. Tier 4 - Schedule submittal required by contract as described in the 33 Specification and herein. Large and/or complex projects with long durations 34 1) Examples: large water pump station project and associated pipeline with 35 interconnection to another governmental entity 36 e. Tier 5 - Schedule submittal required by contract as described in the 37 Specification and herein. Large and/or very complex projects with long 38 durations, high public visibility 39 1) Examples might include a water or wastewater treatment plant CITY OF FORT WORTH STANDARD CONSTRUCTION MORNINGSTAR — WESTPOINT BLVD. SPECIFICATION DOCUMENTS — WATER FACILITY PROJECTS CITY PROJECT NO.: 104118 Revised July 1, 2011 013216-2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 1 2. Baseline Schedule - Initial schedule submitted before work begins that will serve 2 as the baseline for measuring progress and departures from the schedule. 3 3. Progress Schedule - Monthly submittal of a progress schedule documenting 4 progress on the project and any changes anticipated. 5 4. Schedule Narrative - Concise narrative of the schedule including schedule 6 changes, expected delays, key schedule issues, critical path items, etc 7 B. Reference Standards 8 1. City of Fort Worth Schedule Guidance Document 9 1.4 ADMINISTRATIVE REQUIREMENTS 10 A. Baseline Schedule 11 1. General 12 a. Prepare a cost -loaded baseline Schedule using approved software and the 13 Critical Path Method (CPM) as required in the City of Fort Worth Schedule 14 Guidance Document. 15 b. Review the draft cost -loaded baseline Schedule with the City to demonstrate 16 understanding of the work to be performed and known issues and constraints 17 related to the schedule. 18 c. Designate an authorized representative (Project Scheduler) responsible for 19 developing and updating the schedule and preparing reports. 20 B. Progress Schedule 21 1. Update the progress Schedule monthly as required in the City of Fort Worth 22 Schedule Guidance Document. 23 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 24 3. Change Orders 25 a. Incorporate approved change orders, resulting in a change of contract time, in 26 the baseline Schedule in accordance with City of Fort Worth Schedule 27 Guidance Document. 28 C. Responsibility for Schedule Compliance 29 1. Whenever it becomes apparent from the current progress Schedule and CPM Status 30 Report that delays to the critical path have resulted and the Contract completion 31 date will not be met, or when so directed by the City, make some or all of the 32 following actions at no additional cost to the City 33 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 34 outlining: 35 1) A written statement of the steps intended to take to remove or arrest the 36 delay to the critical path in the approved schedule 37 2) Increase construction manpower in such quantities and crafts as will 38 substantially eliminate the backlog of work and return current Schedule to 39 meet projected baseline completion dates 40 3) Increase the number of working hours per shift, shifts per day, working 41 days per week, the amount of construction equipment, or any combination 42 of the foregoing, sufficiently to substantially eliminate the backlog of work 43 4) Reschedule activities to achieve maximum practical concurrency of 44 accomplishment of activities, and comply with the revised schedule CITY OF FORT WORTH STANDARD CONSTRUCTION MORNINGSTAR — WESTPOINT BLVD. SPECIFICATION DOCUMENTS — WATER FACILITY PROJECTS CITY PROJECT NO.: 104118 Revised July 1, 2011 013216-3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 1 2. If no written statement of the steps intended to take is submitted when so requested 2 by the City, the City may direct the Contractor to increase the level of effort in 3 manpower (trades), equipment and work schedule (overtime, weekend and holiday 4 work, etc.) to be employed by the Contractor in order to remove or arrest the delay 5 to the critical path in the approved schedule. 6 a. No additional cost for such work will be considered. 7 8 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 D. The Contract completion time will be adjusted only for causes specified in this Contract. a. Requests for an extension of any Contract completion date must be supplemented with the following: 1) Furnish justification and supporting evidence as the City may deem necessary to detennine whether the requested extension of time is entitled under the provisions of this Contract. a) The City will, after receipt of such justification and supporting evidence, make findings of fact and will advise the Contractor, in writing thereof. 2) If the City finds that the requested extension of time is entitled, the City's determination as to the total number of days allowed for the extensions shall be based upon the approved total baseline schedule and on all data relevant to the extension. a) Such data shall be included in the next updating of the Progress schedule. b) Actual delays in activities which, according to the Baseline schedule, do not affect any Contract completion date shown by the critical path in the network will not be the basis for a change therein. 2. Submit each request for change in Contract completion date to the City within 30 days after the beginning of the delay for which a time extension is requested but before the date of final payment under this Contract. a. No time extension will be granted for requests which are not submitted within the foregoing time limit. b. From time to time, it may be necessary for the Contract schedule or completion time to be adjusted by the City to reflect the effects of job conditions, weather, technical difficulties, strikes, unavoidable delays on the part of the City or its representatives, and other unforeseeable conditions which may indicate schedule adjustments or completion time extensions. 1) Under such conditions, the City will direct the Contractor to reschedule the work or Contract completion time to reflect the changed conditions and the Contractor shall revise his schedule accordingly. a) No additional compensation will be made to the Contractor for such schedule changes except for unavoidable overall contract time extensions beyond the actual completion of unaffected work, in which case the Contractor shall take all possible action to minimize any time extension and any additional cost to the City. b) Available float time in the Baseline schedule may be used by the City as well as by the Contractor. 3. Float or slack time is defined as the amount of time between the earliest start date and the latest start date or between the earliest finish date and the latest finish date of a chain of activities on the Baseline Schedule. CITY OF FORT WORTH STANDARD CONSTRUCTION MORNINGSTAR — WESTPOINT BLVD. SPECIFICATION DOCUMENTS — WATER FACILITY PROJECTS CITY PROJECT NO.: 104118 Revised July 1, 2011 01 32 16 - 4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 1 a. Float or slack time is not for the exclusive use or benefit of either the 2 Contractor or the City. 3 b. Proceed with work according to early start dates, and the City shall have the 4 right to reserve and apportion float time according to the needs of the project. 5 c. Acknowledge and agree that actual delays, affecting paths of activities 6 containing float time, will not have any effect upon contract completion times, 7 providing that the actual delay does not exceed the float time associated with 8 those activities. 9 E. Coordinating Schedule with Other Contract Schedules 10 1. Where work is to be performed under this Contract concurrently with or contingent 11 upon work performed on the same facilities or area under other contracts, the 12 Baseline Schedule shall be coordinated with the schedules of the other contracts. 13 a. Obtain the schedules of the other appropriate contracts from the City for the 14 preparation and updating of Baseline schedule and make the required changes 15 in his schedule when indicated by changes in corresponding schedules. 16 2. In case of interference between the operations of different contractors, the City will 17 determine the work priority of each contractor and the sequence of work necessary 18 to expedite the completion of the entire Project. 19 a. In such cases, the decision of the City shall be accepted as final. 20 b. The temporary delay of any work due to such circumstances shall not be 21 considered as justification for claims for additional compensation. 22 1.5 SUBMITTALS 23 A. Baseline Schedule 24 1. Submit Schedule in native file format and pdf format as required in the City of Fort 25 Worth Schedule Guidance Document. 26 a. Native file format includes: 27 1) Primavera (P6 or Primavera Contractor) 28 2. Submit draft baseline Schedule to City prior to the pre -construction meeting and 29 bring in hard copy to the meeting for review and discussion. 30 B. Progress Schedule 31 1. Submit progress Schedule in native file format and pdf format as required in the 32 City of Fort Worth Schedule Guidance Document, 33 2. Submit progress Schedule monthly no later than the last day of the month. 34 C. Schedule Narrative 35 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth 36 Schedule Guidance Document. 37 2. Submit schedule narrative monthly no later than the last day of the month. 38 D. Submittal Process 39 1. The City administers and manages schedules through Buzzsaw. 40 2. Contractor shall submit documents as required in the City of Fort Worth Schedule 41 Guidance Document. 42 3. Once the project has been completed and Final Acceptance has been issued by the 43 City, no further progress schedules are required. CITY OF FORT WORTH STANDARD CONSTRUCTION MORNINGSTAR — WESTPOINT BLVD. SPECIFICATION DOCUMENTS — WATER FACILITY PROJECTS CITY PROJECT NO.: 104118 Revised July 1, 2011 013216-5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE 5 A. The person preparing and revising the construction Progress Schedule shall be 6 experienced in the preparation of schedules of similar complexity. 7 B. Schedule and supporting documents addressed in this Specification shall be prepared, 8 updated and revised to accurately reflect the performance of the construction. 9 C. Contractor is responsible for the quality of all submittals in this section meeting the 10 standard of care for the construction industry for similar projects. 11 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 12 1.11 FIELD [SITE] CONDITIONS [NOT USED] 13 1.12 WARRANTY [NOT USED] 14 PART 2 - PRODUCTS [NOT USED] 15 PART 3 - EXECUTION [NOT USED] IV 17 18 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION MORNINGSTAR — WESTPOINT BLVD. SPECIFICATION DOCUMENTS — WATER FACILITY PROJECTS CITY PROJECT NO.: 104118 Revised July 1, 2011 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0132 33 PRECONSTRUCTION VIDEO 01 32 33 - I PRECONSTRUCTION VIDEO Pagel 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. 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 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 SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July 1, 2011 01 32 33 - 2 PRECONSTRUCTION VIDEO PART 3 - EXECUTION [NOT USED] Page 2 of 2 101►11XI 0101 Y 1110 Revision Log DATE NAME CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SUMMARY OF CHANGE MORNINGSTAR — WESTPOINT BLVD. CITY PROJECT NO.: 104118 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0133 00 SUBMITTALS 013300-1 SUBMITTALS Page I of 8 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 MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised December 20, 2012 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 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 '/2 inches x 11 inches to 8 '/2 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 MORNINGSTAR— WESTPOINT BLVD. CITY PROJECT NO.: 104118 013300-3 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 MORNINosTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised December 20, 2012 013300-4 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: I 1 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 MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised December 20, 2012 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 013300-5 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 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 MORNINGSTAR — WESTPOINT BLVD. CITY PROJECT NO.: 104118 013300-6 SUBMITTALS Page 6 of 8 1 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 2 the notations and comments IS NOT required by the Contractor. 3 a) The Contractor may release the equipment or material for manufacture; 4 however, all notations and comments must be incorporated into the 5 final product. 6 c. Code 3 7 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 8 assigned when notations and comments are extensive enough to require a 9 resubmittal of the package. 10 a) The Contractor may release the equipment or material for manufacture; I 1 however, all notations and comments must be incorporated into the 12 final product. 13 b) This resubmittal is to address all comments, omissions and 14 non -conforming items that were noted. 15 c) Resubmittal is to be received by the City within 15 Calendar Days of 16 the date of the City's transmittal requiring the resubmittal. 17 d. Code 4 18 1) "NOT APPROVED" is assigned when the submittal does not meet the 19 intent of the Contract Documents. 20 a) The Contractor must resubmit the entire package revised to bring the 21 submittal into conformance. 22 b) It may be necessary to resubmit using a different manufacturer/vendor 23 to meet the Contract Documents. 24 6. Resubmittals 25 a. Handled in the same manner as first submittals 26 1) Corrections other than requested by the City 27 2) Marked with revision triangle or other similar method 28 a) At Contractor's risk if not marked 29 b. Submittals for each item will be reviewed no more than twice at the City's 30 expense. 31 1) All subsequent reviews will be performed at times convenient to the City 32 and at the Contractor's expense, based on the City's or City 33 Representative's then prevailing rates. 34 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 35 all such fees invoiced by the City. 36 c. The need for more than 1 resubmission or any other delay in obtaining City's 37 review of submittals, will not entitle the Contractor to an extension of Contract 38 Time. 39 7. Partial Submittals 40 a. City reserves the right to not review submittals deemed partial, at the City's 41 discretion. 42 b. Submittals deemed by the City to be not complete will be returned to the 43 Contractor, and will be considered "Not Approved" until resubmitted. 44 c. The City may at its option provide a list or mark the submittal directing the 45 Contractor to the areas that are incomplete. 46 8. If the Contractor considers any correction indicated on the shop drawings to 47 constitute a change to the Contract Documents, then written notice must be 48 provided thereof to the City at least 7 Calendar Days prior to release for 49 manufacture. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised December 20, 2012 01 33 00 - 7 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. Use the Request for Information (RFI) form provided by the City. 21 3. Numbering of RFI 22 a. Prefix with "RFI" followed by series number, "-xxx", beginning with "01" and 23 increasing sequentially with each additional transmittal. 24 4. Sufficient information shall be attached to permit a written response without further 25 information. 26 5. The City will log each request and will review the request. 27 a. If review of the project information request indicates that a change to the 28 Contract Documents is required, the City will issue a Field Order or Change 29 Order, as appropriate. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] 35 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 36 1.11 FIELD [SITE] CONDITIONS [NOT USED] 37 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised December 20, 2012 1 PART 2 - PRODUCTS [NOT USED] 2 PART 3 - EXECUTION [NOT USED] 3 END OF SECTION 4 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days 5 013300-8 SUBMITTALS Page 8 of 8 CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised December 20, 2012 1 2 3 PARTI- GENERAL 4 1.1 SUMMARY 013513-1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 SECTION 0135 13 SPECIAL PROJECT PROCEDURES 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 f. 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 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 3. Section 33 12 25 — Connection to Existing Water Mains 25 26 1.2 REFERENCES 27 A. Reference Standards 28 1. Reference standards cited in this Specification refer to the current reference 29 standard published at the time of the latest revision date logged at the end of this 30 Specification, unless a date is specifically cited. 31 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 32 High Voltage Overhead Lines. 33 3. North Central Texas Council of Governments (NCTCOG) — Clean Construction 34 Specification 35 1.3 ADMINISTRATIVE REQUIREMENTS 36 A. Coordination with the Texas Department of Transportation 37 1. When work in the right-of-way which is under the jurisdiction of the Texas 38 Department of Transportation (TxDOT): 39 a. Notify the Texas Department of Transportation prior to commencing any work 40 therein in accordance with the provisions of the permit CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 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 MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 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 1 t 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 MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 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 013513-4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor's foreman and phone number 6) Name of the City's inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. f. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. H. Coordination with United States Anny Corps of Engineers (USACE) At locations in the Project where construction activities occur in areas where USACE permits are required, meet all requirements set forth in each designated permit. I. Coordination within Railroad Permit Areas 1. At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates f. Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. 2. Obtain any supplemental information needed to comply with the railroad's requirements. J. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b. If wet saw cutting is performed, capture and properly dispose of slurry. K. Employee Parking 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH MORNINGSTAR— WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised August, 30, 2013 013513-5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 1 1.4 SUBMITTALS [NOT USED] 2 1.5 ACTION SUBMITTALS/INFORMATIONAL 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] 12 13 END OF SECTION ' 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 MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised August, 30, 2013 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 0135 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 MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised August, 30, 2013 1 2 3 4 0135 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 EXHIBIT B FORT'WORTH Dasm DOE "0. xxxx Project man. 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 MORNINGSTAR— WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 104118 Revised August, 30, 2013 014523-1 TESTING AND INSPECTION SERVICES Page I of 2 1 SECTION 0145 23 2 TESTING AND INSPECTION SERVICES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 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 a. Contractor is responsible for performing, coordinating, and payment of all 17 Quality Control testing. 18 b. City is responsible for performing and payment for first set of Quality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails, the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City, notify City, sufficiently 31 in advance, when testing is needed. 32 b. When testing is required to be completed by the Contractor, notify City, 33 sufficiently in advance, that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's Buzzsaw site, or another external FTP site approved by 38 the City. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July 1, 2011 014523-2 TESTING AND INSPECTION SERVICES Page 2 of 2 1 2) Upload test reports to designated project directory and notify appropriate 2 City representatives via email of submittal posting. 3 3) Hard Copies 4 a) 1 copy for all submittals submitted to the Project Representative 5 b. Hard Copy Distribution (if required in lieu of electronic distribution) 6 1) Tests performed by City 7 a) Distribute 1 hard copy to the Contractor 8 2) Tests performed by the Contractor 9 a) Distribute 3 hard copies to City's Project Representative 10 4. Provide City's Project Representative with trip tickets for each delivered load of 11 Concrete or Lime material including the following information: 12 a. Name of pit 13 b. Date of delivery 14 c. Material delivered 15 B. Inspection 16 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 17 perform work in accordance with the Contract Documents. 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 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 END OF SECTION 29 ] Revision Log DATE NAME SUMMARY OF CHANGE 30 CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July 1, 2011 01 50 00 - 1 TEMPORARY FACILITIES AND CONTROLS Page I of 4 1 SECTION 0150 00 2 TEMPORARY FACILITIES AND CONTROLS 3 PARTI- 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. Modified 1.2.A.1 15 2. Added 1.2.A.2 16 3. Added 1 A.C.7 17 C. Related Specification Sections include, but are not necessarily limited to: 18 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 19 2. Division I — General Requirements 20 1.2 PRICE AND PAYMENT PROCEDURES 21 A. Measurement and Payment 22 1. Unit Price - Work associated with this Item is considered subsidiary to the various 23 items bid. No separate payment will be allowed for this Item. 24 2. Lump Sum Price - Work associated with this Item is included in the total luma 25 sum price. 26 1.3 REFERENCES [NOT USED] 27 1.4 ADMINISTRATIVE REQUIREMENTS 28 A. Temporary Utilities 29 1. Obtaining Temporary Service 30 a. Make arrangements with utility service companies for temporary services. 31 b. Abide by rules and regulations of utility service companies or authorities 32 having jurisdiction. 33 c. Be responsible for utility service costs until Work is approved for Final 34 Acceptance. 35 1) Included are fuel, power, light, heat and other utility services necessary for 36 execution, completion, testing and initial operation of Work. 37 2. Water CITY OF FORT WORTH STANDARD CONSTRUCTION MORNINGSTAR — WESTPOINT BLVD. SPECIFICATION DOCUMENTS — WATER FACILITY PROJECTS CITY PROJECT NO.: 104118 Revised July 1, 2011 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 01 50 00 - 2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City's Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City's established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off -site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — WATER FACILITY PROJECTS Revised July 1, 2011 MORNINGSTAR— WESTPOINT BLVD. CITY PROJECT NO.: 104118 01 50 00 - 3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1 5. Fill and grade site for temporary structures to provide drainage away from 2 temporary and existing buildings. 3 6. Remove building from site prior to Final Acceptance. 4 7. A field office is required for this nroiect. 5 D. Temporary Fencing 6 1. Provide and maintain for the duration or construction when required in contract 7 documents 8 E. Dust Control 9 1. Contractor is responsible for maintaining dust control through the duration of the 10 project. 11 a. Contractor remains on -call at all times 12 b. Must respond in a timely manner 13 F. Temporary Protection of Construction 14 1. Contractor or subcontractors are responsible for protecting Work from damage due 15 to weather. 16 1.5 SUBMITTALS [NOT USED] 17 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 18 1.7 CLOSEOUT SUBMITTALS [NOT USED] 19 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 20 1.9 QUALITY ASSURANCE [NOT USED] 21 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 22 1.11 FIELD [SITE] CONDITIONS [NOT USED] 23 1.12 WARRANTY [NOT USED] 24 PART 2 - PRODUCTS [NOT USED] 25 PART 3 - EXECUTION [NOT USED] 26 3.1 INSTALLERS [NOT USED] 27 3.2 EXAMINATION [NOT USED] 28 3.3 PREPARATION [NOT USED] 29 3.4 INSTALLATION 30 A. Temporary Facilities 31 1. Maintain all temporary facilities for duration of construction activities as needed. CITY OF FORT WORTH STANDARD CONSTRUCTION MORNINGSTAR — WESTPOINT BLVD. SPECIFICATION DOCUMENTS — WATER FACILITY PROJECTS CITY PROJECT NO.: 104118 Revised July 1, 2011 01 5000-4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 3.5 [REPAIR] / [RESTORATION] 2 3.6 RE -INSTALLATION 3 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 4 3.8 SYSTEM STARTUP [NOT USED] 5 3.9 ADJUSTING [NOT USED] 6 3.10 CLEANING [NOT USED] 7 3.11 CLOSEOUT ACTIVITIES 8 A. Temporary Facilities 9 1. Remove all temporary facilities and restore area after completion of the Work, to a 10 condition equal to or better than prior to start of Work. 11 3.12 PROTECTION [NOT USED] 12 3.13 MAINTENANCE [NOT USED] 13 3.14 ATTACHMENTS [NOT USED] 14 END OF SECTION 15 Revision Log DATE NAME SUMMARY OF CHANGE Vol CITY OF FORT WORTH STANDARD CONSTRUCTION MORNINGSTAR— WESTPOINT BLVD. SPECIFICATION DOCUMENTS — WATER FACILITY PROJECTS CITY PROJECT NO.: 104118 Revised July 1, 2011 01 55 26 - 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Paget of 3 1 SECTION 0155 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART1- GENERAL � IIF�*Iilu lu I\FVA 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 Words Standard Specification I 1 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. When traffic control plans are included in the Drawings, provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings, prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 37 a. To obtain Street Use Permit, submit Traffic Control Plans to City 38 Transportation and Public Works Department. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July 1, 2011 01 55 26 - 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 1) Allow a minimum of 5 working days for permit review. 2 2) Contractor's responsibility to coordinate review of Traffic Control plans for 3 Street Use Permit, such that construction is not delayed. 4 C. Modification to Approved Traffic Control 5 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to City Department Transportation and 7 Public Works Department. 8 1) Revise Traffic Control plans in accordance with Section 34 71 13. 9 2) Allow minimum 5 working days for review of revised Traffic Control. 10 3) It is the Contractor's responsibility to coordinate review of Traffic Control 11 plans for Street Use Permit, such that construction is not delayed. 12 D. Removal of Street Sign 13 1. If it is determined that a street sign must be removed for construction, then contact 14 City Transportation and Public Works Department, Signs and Markings Division to 15 remove the sign. 16 E. Temporary Signage 17 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 19 Devices (MUTCD). 20 2. Install temporary sign before the removal of permanent sign. 21 3. When construction is complete, to the extent that the permanent sign can be 22 reinstalled, contact the City Transportation and Public Works Department, Signs 23 and Markings Division, to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Traffic Control Standards can be found on the City's Buzzsaw website. 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART 2 - PRODUCTS [NOT USED] 35 PART 3 - EXECUTION [NOT USED] 36 END OF SECTION CITY OF FORT WORTH MORNINGSTAR— WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July I, 2011 01 55 26 - 3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July 1, 2011 015713-1 STORM WATER POLLUTION PREVENTION Pagel of 3 1 SECTION 0157 13 2 STORM WATER POLLUTION PREVENTION 3 PART1- GENERAL 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 Contract 11 2. Division 1— General Requirements 12 3. Section 3125 00 —Erosion and Sediment Control 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Construction Activities resulting in less than 1 acre of disturbance 16 a. Work associated with this Item is considered subsidiary to the various Items 17 bid. No separate payment will be allowed for this Item. 18 2. Construction Activities resulting in greater than 1 acre of disturbance 19 a. Measurement and Payment shall be in accordance with Section 3125 00. 20 1.3 REFERENCES 21 A. Abbreviations and Acronyms 22 1. Notice of Intent: NOI 23 2. Notice of Termination: NOT 24 3. Storm Water Pollution Prevention Plan: SWPPP 25 4. Texas Commission on Environmental Quality: TCEQ 26 5. Notice of Change: NOC 27 A. Reference Standards 28 1. Reference standards cited in this Specification refer to the current reference 29 standard published at the time of the latest revision date logged at the end of this 30 Specification, unless a date is specifically cited. 31 2. Integrated Storm Management (iSWM) Technical Manual for Construction 32 Controls 33 1.4 ADMINISTRATIVE REQUIREMENTS 34 A. General 35 1. Contractor is responsible for resolution and payment of any fines issued associated 36 with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH MORNINGSTAR — WESTPSOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 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 STORM WATER POLLUTION PREVENTION Page 2 of 3 B. Construction Activities resulting in: i . 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 malting 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 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 MORNINGSTAR — WESTPSOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July 1, 2011 01 57 13 - 3 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 ' Revision Log DATE NAME SUMMARY OF CHANGE 15 CITY OF FORT WORTH MORNINGSTAR— WESTPSOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July 1, 2011 1 2 3 PARTI- GENERAL 4 1.1 SUMMARY SECTION 0160 00 PRODUCT REQUIREMENTS 01 60 00 - 1 PRODUCT REQUIREMENTS Page 1 of 2 5 A. Section Includes: 6 1. References for Product Requirements and City Standard Products List 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: to 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 [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 A. A list of City approved products for use is located on Buzzsaw as follows: 16 1. Resources\02 - Construction Documents\Standard Products List 17 B. Only products specifically included on City's Standard Product List in these Contract 18 Documents shall be allowed for use on the Project. 19 1. Any subsequently approved products will only be allowed for use upon specific 20 approval by the City. 21 C. Any specific product requirements in the Contract Documents supersede similar 22 products included on the City's Standard Product List. 23 1. The City reserves the right to not allow products to be used for certain projects even 24 though the product is listed on the City's Standard Product List. 25 D. Although a specific product is included on City's Standard Product List, not all 26 products from that manufacturer are approved for use, including but not limited to, that 27 manufacturer's standard product. 28 E. See Section 01 33 00 for submittal requirements of Product Data included on City's 29 Standard Product List. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH MORNINGSTAR— WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 104118 Revised December 20, 2012 016000-2 PRODUCT REQUIREMENTS Page 2 of 2 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 10/12/12 D. Johnson Modified Location of City's Standard Product List CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 104118 Revised December 20, 2012 016600-1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page I of 4 1 SECTION 0166 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PARTI- 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 SUBMITTALS/INFORMATIONAL 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 MORNINGSTAR— WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July 1, 2011 01 66 00 - 2 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 MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July 1, 2011 01 66 00 - 3 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 MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July 1, 2011 016600-4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July 1, 2011 01 70 00 - 1 MOBILIZATION AND REMOBILIZATION Page 1 of 6 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 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 CITY OF FORT WORTH MORNINGSTAR— WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.: 104118 Revised November 22, 2016 01 70 00 - 2 MOBILIZATION AND REMOBILIZATION Page 2 of 6 1 a. Mobilization and Demobilization 2 1) Mobilization shall consist of the activities and cost on a Work Order basis 3 necessary for: 4 a) Transportation of Contractor's personnel, equipment, and operating 5 supplies to the Site for the issued Work Order. 6 b) Establishment of necessary general facilities for the Contractor's 7 operation at the Site for the issued Work Order 8 2) Demobilization shall consist of the activities and cost necessary for: 9 a) Transportation of Contractor's personnel, equipment, and operating 10 supplies from the Site including disassembly for each issued Work 11 Order 12 b) Site Clean-up for each issued Work Order 13 c) Removal of all buildings or other facilities assembled at the Site for 14 each Work Oder 15 b. Mobilization and Demobilization do not include activities for specific items of 16 work for which payment is provided elsewhere in the contract. 17 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects 18 a. A Mobilization for Miscellaneous Projects when directed by the City and the 19 mobilization occurs within 24 hours of the issuance of the Work Order. 20 B. Deviations from this City of Fort Worth Standard Specification 21 1. None. 22 C. Related Specification Sections include, but are not necessarily limited to: 23 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 24 2. Division 1— General Requirements 25 1.2 PRICE AND PAYMENT PROCEDURES 26 A. Measurement and Payment [Consult City Department/Division for direction on if 27 Mobilization pay item to be included or the item should be subsidiary. Include the 28 appropriate Section 1.2 A. 1.] 29 1. Mobilization and Demobilization 30 a. Measure 31 1) This Item is considered subsidiary to the various Items bid. 32 b. Payment 33 1) The work performed and materials furnished in accordance with this Item 34 are subsidiary to the various Items bid and no other compensation will be 35 allowed. 36 OR 37 1. Mobilization and Demobilization 38 a. Measure 39 1) This Item will be measured by the lump sum or each as the work 40 progresses. Mobilization is calculated on the base bid only and will not be 41 paid for separately on any additive alternate items added to the Contract. 42 2) Demobilization shall be considered subsidiary to the various bid items. 43 b. Payment 44 1) For this Item, the adjusted Contract amount will be calculated as the total 45 Contract amount less the lump sum for mobilization. Mobilization shall be 46 made in partial payments as follows: CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.: 104118 Revised November 22, 2016 01 70 00 - 3 MOBILIZATION AND REMOBILIZATION Page 3 of 6 1 a) When 1% of the adjusted Contract amount for construction Items is 2 earned, 50% of the mobilization lump sum bid or [Insert % the maximum 3 allowed] % of the total Contract amount, whichever is less, will be paid. 4 b) When 5% of the adjusted Contract amount for construction Items is 5 earned, 75% of the mobilization lump sum bid or 1hisert the maximum 6 allowed]% of the total Contract amount, whichever is less, will be paid. 7 Previous payments under the Item will be deducted from this amount. 8 c) When 10% of the adjusted Contract amount for construction Items is 9 earned, 100% of the mobilization lump sum bid or lInsert the maximum 10 allowed1% of the total Contract amount, whichever is less, will be paid. I 1 Previous payments under the Item will be deducted from this amount. 12 d) A bid containing a total for "Mobilization" in excess of /Insert 13 ma-vimum allowed) % of total contract shall be considered unbalanced 14 and a cause for consideration of rejection. 15 e) The Lump Sum bid for "Mobilization — Paving/Drainage" shall NOT 16 include any cost or sum for mobilization items associated with 17 water/sewer items. Those costs shall be included in the various 18 water/sewer bid Items. Otherwise the bid Items shall be considered 19 unbalanced and a cause for consideration of rejection. 20 f) The Lump Sum bid for "Mobilization — Paving" shall NOT include 21 any cost or sum for mobilization items associated with drainage items. 22 Those costs shall be included in the "Mobilization — Drainage" Lump 23 Sum bid Item. Otherwise the bid Items shall be considered unbalanced 24 and a cause for consideration of rejection. 25 g) The Lump Sum bid for "Mobilization — Drainage" shall NOT 26 include any cost or sum for mobilization items associated with paving 27 items. Those costs shall be included in the "Mobilization — Paving" 28 Lump Sum bid Item. Otherwise the bid Items shall be considered 29 unbalanced and a cause for consideration of rejection. 30 2) The work performed and materials furnished for demobilization in 31 accordance with this Item are subsidiary to the various Items bid and no 32 other compensation will be allowed. 33 /OR/ 34 I. Mobilization and Demobilization [If multiple "Mobilization " bid items are used 35 due to different funding (ex. Water and Sewer and Paving andlor Drainage) — 36 Provide detail of each bid item - Consultant to provide detail for each bid item 37 (typically Water/Sewer will be subsidiary and Paving/Drainage will be LS, with 38 possibly separate bid items for Paving and Drainage due to funding).] 39 a. Measure 40 1) This item for Water/Sewer improvements is considered subsidiary to the 41 various Items bid. 42 2) "Mobilization — Paving," "Mobilization — Drainage," and/or "Mobilization 43 — Paving/Drainage" will be measured by the lump sum or each as the work 44 progresses. Mobilization is calculated on the base bid only and will not be 45 paid for separately on any additive alternate items added to the Contract. 46 3) Demobilization shall be considered subsidiary to the various bid items. 47 b. Payment CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.: 104118 Revised November 22, 2016 017000-4 MOBILIZATION AND REMOBILIZATION Page 4 of 6 1 1) The work performed and materials furnished in accordance with this Item 2 for Water/Sewer improvements are subsidiary to the various Items bid and 3 no other compensation will be allowed. 4 2) "Mobilization — Paving," "Mobilization — Drainage," and/or "Mobilization 5 — Paving/Drainage", the adjusted Contract amount will be calculated as the 6 total Contract amount for paving, drainage or paving/drainage 7 improvements less the lump sum for mobilization. Mobilization shall be 8 made in partial payments as follows: 9 a) When 1% of the adjusted Contract amount for construction Items is 10 earned, 50% of the mobilization lump sum bid or [Insert % the maximum I 1 allowed] % of the total paving, drainage, or paving/drainage Contract 12 amount, whichever is less, will be paid. 13 b) When 5% of the adjusted Contract amount for construction Items is 14 earned, 75% of the mobilization lump sum bid or [Insert the maximum 15 allowed]% of the total paving, drainage, or paving/drainage Contract 16 amount, whichever is less, will be paid. Previous payments under the Item 17 will be deducted from this amount. 18 c) When 10% of the adjusted Contract amount for construction Items is 19 earned, 100% of the mobilization lump sum bid or [Insert the maximum 20 allowed]% of the total paving, drainage, or paving/drainage Contract 21 amount, whichever is less, will be paid. Previous payments under the Item 22 will be deducted from this amount. 23 d) A bid containing a total for "Mobilization" in excess of [Insert 24 maximum allowed) % of total paving, drainage or paving/drainage 25 contract shall be considered unbalanced and a cause for consideration 26 of rejection. 27 3) The work performed and materials furnished for demobilization in 28 accordance with this Item are subsidiary to the various Items bid and no 29 other compensation will be allowed. 30 2. Remobilization for suspension of Work as specifically required in the Contract 31 Documents 32 a. Measurement 33 1) Measurement for this Item shall be per each remobilization performed. 34 b. Payment 35 1) The work performed and materials furnished in accordance with this Item 36 and measured as provided under "Measurement" will be paid for at the unit 37 price per each "Specified Remobilization" in accordance with Contract 38 Documents. 39 c. The price shall include: 40 1) Demobilization as described in Section 1.1.A.2.a.1) 41 2) Remobilization as described in Section 1.1.A.2.a.2) 42 d. No payments will be made for standby, idle time, or lost profits associated this 43 Item. 44 3. Remobilization for suspension of Work as required by City 45 a. Measurement and Payment 46 1) This shall be submitted as a Contract Claim in accordance with Article 10 47 of Section 00 72 00. 48 2) No payments will be made for standby, idle time, or lost profits associated 49 with this Item. CITY OF FORT WORTH MORNINGSTAR— WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.: 104118 Revised November 22, 2016 01 70 00 - 5 MOBILIZATION AND REMOBILIZATION Page 5 of 6 1 4. Mobilizations and Demobilizations for Miscellaneous Projects 2 a. Measurement 3 1) Measurement for this Item shall be for each Mobilization and 4 Demobilization required by the Contract Documents 5 b. Payment 6 1) The Work performed and materials furnished in accordance with this Item 7 and measured as provided under "Measurement' will be paid for at the unit 8 price per each "Work Order Mobilization" in accordance with Contract 9 Documents. Demobilization shall be considered subsidiary to mobilization 10 and shall not be paid for separately. I 1 c. The price shall include: 12 1) Mobilization as described in Section 1.1.A.3.a.1) 13 2) Demobilization as described in Section 1.1.A.3.a.2) 14 d. No payments will be made for standby, idle time, or lost profits associated this 15 Item. 16 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 17 a. Measurement 18 1) Measurement for this Item shall be for each Mobilization and 19 Demobilization required by the Contract Documents 20 b. Payment 21 1) The Work performed and materials furnished in accordance with this Item 22 and measured as provided under "Measurement' will be paid for at the unit 23 price per each "Work Order Emergency Mobilization" in accordance with 24 Contract Documents. Demobilization shall be considered subsidiary to 25 mobilization and shall not be paid for separately. 26 c. The price shall include 27 1) Mobilization as described in Section 1.1.A.4.a) 28 2) Demobilization as described in Section 1.1.A.3.a.2) 29 d. No payments will be made for standby, idle time, or lost profits associated this 30 Item. 31 1.3 REFERENCES [NOT USED] 32 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 33 1.5 SUBMITTALS [NOT USED] 34 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 35 1.7 CLOSEOUT SUBMITTALS [NOT USED] 36 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 37 1.9 QUALITY ASSURANCE [NOT USED] 38 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 39 1.11 FIELD [SITE] CONDITIONS [NOT USED] 40 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.: 104118 Revised November 22, 2016 01 70 00 - 6 MOBILIZATION AND REMOBILIZATION 1 PART 2 - PRODUCTS [NOT USED] 2 PART 3 - EXECUTION [NOT USED] 3 END OF SECTION DATE NAME Revision Log SUMMARY OF CHANGE Page 6 of 6 11/22/16 Michael Owen I1.2 Price and Payment Procedures - Revised specification, including blue text, to make specification flexible for either subsidiary or paid bid item for Mobilization. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 22, 2016 MORNINGSTAR — WESTPOINT BLVD. CITY PROJECT No.: 104118 017123-1 CONSTRUCTION STAKING AND SURVEY Page 1 of 4 1 SECTION 017123 2 CONSTRUCTION STAKING AND SURVEY 3 REVISIONS IN BOLD AND ITALIC 5 1.1 SUMMARY 6 A. Section Includes: 7 1. Requirements for construction staking and construction survey 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. Staking is provided by and paid, for by the Developer. 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 I —General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Construction Staking 16 a. Measurement 17 1) Staking is provided by and paid for by the Developer. 18 b. Payment 19 1) Staking is provided by and paid for by the Developer. 20 2. Construction Survey 21 a. Measurement 22 1) Staking is provided by and paid for by the Developer. 23 b. Payment 24 I) Staking is provided by and paid for by the Developer. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 27 1.5 SUBMITTALS 28 A. Submittals, if required, shall be in accordance with Section 01 33 00. 29 B. All Submittals shall be approved by the City prior to delivery. 30 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 31 A. Certificates 32 1. Provide certificate certifying that elevations and locations of improvements are in 33 conformance or non-conformance with requirements of the Contract Documents. 34 a. Certificate must be sealed by a registered professional land surveyor in the 35 State of Texas. 36 B. Field Quality Control Submittals 37 1. Documentation verifying accuracy of field engineering work. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPF,CIFICATION DOCUMENTS PROJECT NO.: 104118 Revised December 20, 2012 017123-2 CONSTRUCTION STAKING AND SURVEY Page 2 of 1.7 CLOSEOUT SUBMITTALS [NOT USED] 2 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 3 1.9 QUALITY ASSURANCE 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 A. Construction Staking 1. Staking is provided by and paid for by the Developer. 2. Coordination a. Contact Developer's Project Representative at least 2 weeks in advance for scheduling of Construction Staking. b. It is the Contractor's responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stakes furnished by Developer's Surveyor. b. If in the opinion of the City or Developer, a sufficient number of stakes or markings have been lost, destroyed or disturbed, by Contractor's neglect, such that the contracted Work cannot take place, then the Contractor will be required to pay the Developer's Surveyor for new staking with a 25 percent markup. The cost for staking will be deducted from the payment due to the Contractor for the Project. B. Construction Survey 1. Construction Survey will be performed by the Developer's Surveyor. 2. Coordination a. Contractor to verify that control data established in the design survey remains intact. b. Coordinate with the City/Developer prior to field investigation to determine which horizontal and vertical control data will be required for construction survey. c. It is the Contractor's responsibility to coordinate Construction Survey such that construction activities are not delayed or negatively impacted. d. Notify City/Developer if any control data needs to be restored or replaced due to damage caused during construction operations. 1) Developer's Surveyor shall perform replacements and/or restorations. 3. General a. Construction survey will be performed in order to maintain complete and accurate logs of control and survey work as it progresses for Project Records. b. The Contractor will need to ensure coordination is maintained with the City/Developer's Surveyor to perform construction survey to obtain construction features, including but not limited to the following: 1) All Utility Lines a) Rim and flowline elevations and coordinates for each manhole or junction structure 2) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Every 250 linear feet CITY OF FORT WORTH MORNINGSTAR— WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT NO.: 104118 Revised December 20, 2012 01 71 23 - 3 CONSTRUCTION STAKING AND SURVEY Page 3 of 4 (2) Horizontal and vertical points of inflection, curvature, etc. (All 2 Fittings) 3 (3) Cathodic protection test stations 4 (4) Sampling stations 5 (5) Meter boxes/vaults (All sizes) 6 (6) Fire lines 7 (7) Fire hydrants 8 (8) Gate valves 9 (9) Plugs, stubouts, dead-end lines 10 (10) Air Release valves (Manhole rim and vent pipe) 11 (11) Blow off valves (Manhole rim and valve lid) 12 (12) Pressure plane valves 13 (13) Cleaning wyes 14 (14) Casing pipe (each end) 15 b) Storm Sewer 16 (1) Top of pipe elevations and coordinates at the following locations: 17 (a) Every 250 linear feet 18 (b) Horizontal and vertical points of inflection, curvature, etc. 19 c) Sanitary Sewer 20 (1) Top of pipe elevations and coordinates for sanitary sewer lines at 21 the following locations: 22 (a) Every 250 linear feet 23 (b) Horizontal and vertical points of inflection, curvature, etc. 24 (c) Cleanouts 25 c. Construction survey will be performed in order to maintain complete and 26 accurate logs of control and survey work associated with meeting or exceeding 27 the line and grade required by these Specifications. 28 d. The Contractor will need to ensure coordination is maintained with the 29 City/Developers Surveyor to perform construction survey and to verify control 30 data, including but not limited to the following: 31 1) Established benchmarks and control points provided for the Contractor's 32 use are accurate 33 2) Benchmarks were used to furnish and maintain all reference lines and 34 grades for tunneling 35 3) Lines and grades were used to establish the location of the pipe 36 4) Submit to the City copies of field notes used to establish all lines and 37 grades and allow the City to check guidance system setup prior to 38 beginning each tunneling drive. 39 5) Provide access for the City to verify the guidance system and the line and 40 grade of the carrier pipe on a daily basis. 41 6) The Contractor remains fully responsible for the accuracy of the work and 42 the correction of it, as required. 43 7) Monitor line and grade continuously during construction. 44 8) Record deviation with respect to design line and grade once at each pipe 45 joint and submit daily records to City. 46 9) If the installation does not meet the specified tolerances, immediately notify 47 the City and correct the installation in accordance with the Contract 48 Documents. 49 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT NO.: 104118 Revised December 20, 2012 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 017123-4 CONSTRUCTION STAKING AND SURVEY Page 4 of 4 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. It is the Contractor's responsibility to maintain all stakes and control data placed by the City in accordance with this Specification. B. Do not change or relocate stakes or control data without approval from the City. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] 22 23 DATE NAME J 8/31/2012 D.Johnson 24 END OF SECTION Revision Log SUMMARY OF CHANGE CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT NO.: 104118 Revised December 20, 2012 017423-1 CLEANING Pagel of 4 1 SECTION 0174 23 2 CLEANING 3 PARTI- 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. CTTY OF FORT WORTH MORNINGSTAR— WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July 1, 2011 01 74 23 - 2 CLEANING Page 2 of 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 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 MORNINGSTAR — WESTPOINT BLVD. CITY PROJECT NO.: 104118 01 74 23 - 3 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. Interior Final Cleaning 22 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other 23 foreign materials from sight -exposed surfaces. 24 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 25 3. Wash and shine glazing and mirrors. 26 4. Polish glossy surfaces to a clear shine. 27 5. Ventilating systems 28 a. Clean permanent filters and replace disposable filters if units were operated 29 during construction. 30 b. Clean ducts, blowers and coils if units were operated without filters during 31 construction. 32 6. Replace all burned out lamps. 33 7. Broom clean process area floors. 34 8. Mop office and control room floors. 35 D. Exterior (Site or Right of Way) Final Cleaning 36 1. Remove trash and debris containers from site. 37 a. Re -seed areas disturbed by location of trash and debris containers in accordance 38 with Section 32 92 13. 39 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 40 that may hinder or disrupt the flow of traffic along the roadway. 41 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 42 junction boxes and inlets. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 01 74 23 - 4 CLEANING Page 4 of 4 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 MORNINGSTAR — WESTPOINT BLVD. CITY PROJECT NO.: 104118 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0177 19 CLOSEOUT REQUIREMENTS 01 77 19-1 CLOSEOUT REQUIREMENTS Page I 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 MORNINGSTAR— WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July I, 2011 01 77 19 - 2 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 01 78 39 11 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 12 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 13 01 7423. 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 MORNINGSTAR — WESTPOINT BIND. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July 1, 2011 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 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 JOR] 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 MORNINGSTAR — WESTPOINT BLVD. CITY PROJECT NO.: 104118 017823-1 OPERATION AND MAINTENANCE DATA Page I 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. Modified 1.2.A.1 14 2. Added 1.2.A.2 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. Unit Price - Work associated with this Item is considered subsidiary to the various 21 Items bid. No separate payment will be allowed for this Item. 22 2. LumD Sum Price - Work associated with this Item is included in the total lump 23 sum price. 24 1.3 REFERENCES [NOT USED] 25 1.4 ADMINISTRATIVE REQUIREMENTS 26 A. Schedule 27 1. Submit manuals in final form to the City within 30 calendar days of product 28 shipment to the project site. 29 1.5 SUBMITTALS 30 A. Submittals shall be in accordance with Section 01 33 00 . All submittals shall be 31 approved by the City prior to delivery. 32 1.6 INFORMATIONAL SUBMITTALS 33 A. Submittal Form 34 1. Prepare data in form of an instructional manual for use by City personnel. 35 2. Format 36 a. Size: 8 '/2 inches x 11 inches CITY OF FORT WORTH STANDARD CONSTRUCTION MORNINGSTAR — WESTPOINT BLVD. SPECIFICATION DOCUMENTS — WATER FACILITY PROJECTS CITY PROJECT NO.: 104118 Revised December 20, 2012 01 78 23 - 2 OPERATION AND MAINTENANCE DATA Page 2 of 5 1 b. Paper 2 1) 40 pound minimum, white, for typed pages 3 2) Holes reinforced with plastic, cloth or ]petal 4 c. Text: Manufacturer's printed data, or neatly typewritten 5 d. Drawings 6 1) Provide reinforced punched binder tab, bind in with text 7 2) Reduce larger drawings and fold to size of text pages. 8 e. Provide fly -leaf for each separate product, or each piece of operating 9 equipment. 10 1) Provide typed description of product, and major component parts of 11 equipment. 12 2) Provide indexed tabs. 13 f. Cover 14 1) Identify each volume with typed or printed title "OPERATING AND 15 MAINTENANCE INSTRUCTIONS". 16 2) List: 17 a) Title of Project 18 b) Identity of separate structure as applicable 19 c) Identity of general subject matter covered in the manual 20 3. Binders 21 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 22 b. When multiple binders are used, correlate the data into related consistent 23 groupings. 24 4. If available, provide an electronic form of the O&M Manual. 25 B. Manual Content 26 1. Neatly typewritten table of contents for each volume, arranged in systematic order 27 a. Contractor, name of responsible principal, address and telephone number 28 b. A list of each product required to be included, indexed to content of the volume 29 c. List, with each product: 30 1) The name, address and telephone number of the subcontractor or installer 31 2) A list of each product required to be included, indexed to content of the 32 volume 33 3) Identify area of responsibility of each 34 4) Local source of supply for parts and replacement 35 d. Identify each product by product name and other identifying symbols as set 36 forth in Contract Documents. 37 2. Product Data 38 a. Include only those sheets which are pertinent to the specific product. 39 b. Annotate each sheet to: 40 1) Clearly identify specific product or part installed 41 2) Clearly identify data applicable to installation 42 3) Delete references to inapplicable information 43 3. Drawings 44 a. Supplement product data with drawings as necessary to clearly illustrate: 45 1) Relations of component parts of equipment and systems 46 2) Control and flow diagrams 47 b. Coordinate drawings with information in Project Record Documents to assure 48 correct illustration of completed installation. CITY OF FORT WORTH STANDARD CONSTRUCTION MORNINGSTAR — WESTPOINT BLVD. SPECIFICATION DOCUMENTS — WATER FACILITY PROJECTS CITY PROJECT NO.: 104118 Revised December 20, 2012 01 78 23 - 3 OPERATION AND MAINTENANCE DATA Page 3 of 5 1 c. Do not use Project Record Drawings as maintenance drawings. 2 4. Written text, as required to supplement product data for the particular installation: 3 a. Organize in consistent format under separate headings for different procedures. 4 b. Provide logical sequence of instructions of each procedure. 5 5. Copy of each warranty, bond and service contract issued 6 a. Provide information sheet for City personnel giving: 7 1) Proper procedures in event of failure 8 2) Instances which might affect validity of warranties or bonds 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 C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut -down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer CITY OF FORT WORTH STANDARD CONSTRUCTION MORNINGSTAR — WESTPOINT BLVD. SPECIFICATION DOCUMENTS — WATER FACILITY PROJECTS CITY PROJECT NO.: 104118 Revised December 20, 2012 01 78 23 - 4 OPERATION AND MAINTENANCE DATA Page 4 of 5 1 1) Predicted life of parts subject to wear 2 2) Items recommended to be stocked as spare parts 3 g. As installed control diagrams by controls manufacturer 4 h. Each contractor's coordination drawings 5 1) As installed color coded piping diagrams 6 i. Charts of valve tag numbers, with location and function of each valve 7 j. List of original manufacturer's spare parts, manufacturer's current prices, and 8 recommended quantities to be maintained in storage 9 k. Other data as required under pertinent Sections of Specifications 10 3. Content, for each electric and electronic system, as appropriate: 11 a. Description of system and component parts 12 1) Function, normal operating characteristics, and limiting conditions 13 2) Performance curves, engineering data and tests 14 3) Complete nomenclature and commercial number of replaceable parts 15 b. Circuit directories of panelboards 16 1) Electrical service 17 2) Controls 18 3) Communications 19 c. As installed color coded wiring diagrams 20 d. Operating procedures 21 1) Routine and normal operating instructions 22 2) Sequences required 23 3) Special operating instructions 24 e. Maintenance procedures 25 1) Routine operations 26 2) Guide to "trouble shooting" 27 3) Disassembly, repair and reassembly 28 4) Adjustment and checking 29 f. Manufacturer's printed operating and maintenance instructions 30 g. List of original manufacturer's spare parts, manufacturer's current prices, and 3I recommended quantities to be maintained in storage 32 h. Other data as required under pertinent Sections of Specifications 33 4. Prepare and include additional data when the need for such data becomes apparent 34 during instruction of City's personnel. 35 1.7 CLOSEOUT SUBMITTALS [NOT USED] 36 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 37 1.9 QUALITY ASSURANCE 38 A. Provide operation and maintenance data by personnel with the following criteria: 39 1. Trained and experienced in maintenance and operation of described products 40 2. Skilled as technical writer to the extent required to communicate essential data 41 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH STANDARD CONSTRUCTION MORNINGSTAR— WESTPOINT BLVD. SPECIFICATION DOCUMENTS — WATER FACILITY PROJECTS CITY PROJECT NO.: I04118 Revised December 20, 2012 01 78 23 - 5 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] 0 7 8 DATE NAME 8/31/2012 D.Johnson END OF SECTION Revision Log SUMMARY OF CHANGE 1.5.A. I — title of section removed CITY OF FORT WORTH STANDARD CONSTRUCTION MORNINGSTAR — WESTPOINT BLVD. SPECIFICATION DOCUMENTS — WATER FACILITY PROJECTS CITY PROJECT NO.: 104118 Revised December 20, 2012 I 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0178 39 PROJECT RECORD DOCUMENTS 01 78 39 - 1 PROJECT RECORD DOCUMENTS Pagel of4 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 SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 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 MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July 1, 2011 01 78 39 - 2 PROJECT RECORD DOCUMENTS Page 2 of 4 1 3. To facilitate accuracy of records, snake 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 Ioss 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 MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July 1, 2011 OI7839-3 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, in accordance with the intervals set forth in Section 01 71 23, 11 clearly mark any deviations from Contract Documents associated with 12 installation of the infrastructure. 13 4. Making entries on Drawings 14 a. Record any deviations from Contract Documents. 15 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 16 change by graphic line and note as required. 17 c. Date all entries. 18 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 19 e. In the event of overlapping changes, use different colors for the overlapping 20 changes. 21 5. Conversion of schematic layouts 22 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 23 ducts, and similar items, are shown schematically and are not intended to 24 portray precise physical layout. 25 1) Final physical arrangement is determined by the Contractor, subject to the 26 City's approval. 27 2) However, design of future modifications of the facility may require 28 accurate information as to the final physical layout of items which are 29 shown only schematically on the Drawings. 30 b. Show on the job set of Record Drawings, by dimension accurate to within 1 31 inch, the centerline of each run of items. 32 1) Final physical arrangement is determined by the Contractor, subject to the 33 City's approval. 34 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 35 ceiling plenum", "exposed", and the like). 36 3) Make all identification sufficiently descriptive that it may be related 37 reliably to the Specifications. 38 c. The City may waive the requirements for conversion of schematic layouts 39 where, in the City's judgment, conversion serves no useful purpose. However, 40 do not rely upon waivers being issued except as specifically issued in writing 41 by the City. 42 B. Final Project Record Documents 43 1. Transfer of data to Drawings 44 a. Carefully transfer change data shown on the job set of Record Drawings to the 45 corresponding final documents, coordinating the changes as required. 46 b. Clearly indicate at each affected detail and other Drawing a full description of 47 changes made during construction, and the actual location of items. CITY OF FORT WORTH MORNINGSTAR — WESTPOINT BLVD. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 104118 Revised July 1, 2011 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 01 78 39 - 4 PROJECT RECORD DOCUMENTS Page 4 of 4 c. Call attention to each entry by drawing a "cloud" around the area or areas affected. 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 [ou] 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 MORNINGSTAR — WESTPOINT BLVD. CITY PROJECT NO.: 104118 FORT WORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: December 6, 2018 The Fort Worth Water Department's Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department's Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specification will override the Fort Worth Water Department's Standard Specifications and the Fort Worth Water Department's Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department's Standard Specifications or is on the Fort Worth Water Department's Standard Products List. Table of Content (Click on items to go directly to the page) Items Page A. Water & Sewer 1. Manholes & Bases/Components...........................................................1 2. Manholes & Bases/Fiberglass...............................................................2 3. Manholes & Bases/Frames & Covers/Rectangular ............................... 3 4. Manholes & Bases/Frames & Covers/Round....................................... 4 5. Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight .. 5 6. Manholes & Bases/Precast Concrete .................................................... 6 7. Manholes & Bases/Rehab Systems/Cementitious................................ 7 8. Manholes & Bases/Rehab Systems/NonCementitious ......................... 8 9. Manhole Insert (Field Operations Use Only) ........................................ 9 10. Pipe Casing Spacer............................................................................... 10 11. Pipes/Ductile Iron................................................................................. I 12. Utility Line Marker............................................................................... 12 B. Sewer 13. Coatings/Epoxy..................................................................................... 13 14. Coatings/Polyurethane.......................................................................... 14 15. Combination Air Valves....................................................................... 15 16. Pipes/Concrete...................................................................................... 16 17. Pipe Enlargement System (Method) ..................................................... 17 18. Pipes/Fiberglass Reinforced Pipe.........................................................18 19. Pipes/HDPE.......................................................................................... 19 20. Pipes/PVC (Pressure Sewer)................................................................. 20 21. Pipes/PVC*...........................................................................................21 22. Pipes/Rehab/CIPP................................................................................. 22 23. Pipes/Rehab/Fold & Form.................................................................... 23 24. Pipes/Open Profile Large Diameter...................................................... 24 C. Water 25. Appurtenances....................................................................................... 25 26. Bolts, Nuts, and Gaskets....................................................................... 26 27. Combination Air Release Valve........................................................... 27 28. Dry Barrel Fire Hydrants......................................................................28 29. Meters................................................................................................... 29 30. Pipes/PVC (Pressure Water)................................................................. 30 31. Pipes/Valves & Fittings/Ductile Iron Fittings ....................................... 31 32. Pipes/Valves & Fittings/Resilient Seated Gate Valve .......................... 32 33. Pipes/Valves & Fittings/Rubber Seated Butterfly Valve ...................... 33 34. Polyethylene Encasement..................................................................... 34 35. Sampling Stations................................................................................. 35 CITY OF FORT WORTH FORT WORTH, WATER DEPARTMENT STANDARD PRODUCT LIST Note: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a ro'ect specific basis. Sicial beddi Rater �r Sewer - 13aOholes &Bases/Comnonents 33-29-10 1 Rev 2,,1/ 161 07/23/97 3305 13 Urethane Hydrophilic Waterstop Asahi Kogye K.K. Adeka Ultra -Seat P-201 04/26/00 3305 13 Offset Joint for 4' Diam. MH Hanson Concrete Products Drasiine No. 35-0048-001 0426100 3305 13 Profile Gasket for 4' Diam. MH. Press -Seat Gasket Corp. 250-40 Gasket 126199 3305 13 HDPE Manhole Adjustment Rings Ladtech, Inc HDPE Adjustment Ring 5113105 3305 13 Manhole External Wrap Canusa - CPS WrapidSeat Manhole Encapsulation Svstem " from Original Standard Products List Click to Return to the Table of Content Updated: 12/06/2018 for R-7iuI &3 Vt FIR491PY1 ASTM C-4431C-361 SS MH Non -traffic area CITY OF FORT WORTH FORT WORTH, WATER DEPARTMENT STANDARD PRODUCT LIST Vote: All water or sewer pipe lar er than 15 inch diameter shall be approved for use by the Water De artment on a project specific basis. S 1/26/99 3339 13 F'berzbss Manhole Fluid Containment, Inc. ( Flowtitc Oi;r30/06 !W&"3r33&'e"aiFibcritl&=Monhole I L.F. Manufacturin¢ • From Original Standard Products List Click to Return to the Table of Content Updated: 12/06/2018 for some ASTM 3753 I Non -traffic area Non -traffic area FORT WORTH. sewer than 15 inch diameter shall be CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST be required for Updated: 12/06/2018 %ater & Sewer - �iauholes & Ba�eslComuonents 33-39-10 IRev 7J3/l61 07/23/97 3305 13 Urethane Hydrophilic Waterston Asahi Kogyo K.K. Adeka Ultra -Sea[ P-201 ASTM D2240/D412/D792 0426/00 3305 13 Offset Joint for 4' Diam. MH Hanson Concrete Products Drawing No. 35.0048-001 04/26/00 3305 13 Profile Gasket for 4' Diam. MH. Press -Seal Gasket Corp. 2504G Gasket ASTM C-443/C-361 I/26/99 3305 13 HDPE Manhole Adjustment Rinds Ladtech, inc HDPE Adiustment Ring 5113105 3305 13 Manhole External Wrap Canna - CPS WraoidSeal Manhole Encatnulation Svstem SS MH Non -traffic area From Original Standard Products List Click to Return to the Table of Content 1 CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT �r STANDARD PRODUCT LIST Updated: 12/06/2018 Note: All water or sewer Dive larger than 15 inch diameter shall be approved for use by the Water De artment on a project specific basis. Special beddingmay be required for some pipes. V1 -& Cov v • J 3305 13 IManhoic Fmin. and Covcrs I Western two Works, Bass & Hari Foundry 1001 24"00" WD • From Original Standard Products List Click to Return to the Table of Content FORT WORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 12/06/2018 Note: All water or sewer pipe larger than 15 inch diameter shall be approved for use b the Water Department on a project specific basis. Special bedding may be required for some pipes. s & Corersi'Staudard (Roved) 3M5-13 (Rei 131 " 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. 08/24/18 3305 13 Manhole Frames and Covers Neenah Foundry R-1272 ASTM A48 & AASHTO M306 24" Dia. 09/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry R-165-LM (Hinged) ASTM A48 & AASHTO M306 24" Dia. 08/24/18 3305 13 Manhole Frames and Covers Neenah Foundry NF 1274 ASTM A48 & AASHTO M306 30" Dia. 08/74/18 33 05 13 Manhole Frames and Covers Neenah Foundry R-1743-LM (Hinged) ASTM A48 & AASHTO M306 30" dia. 3305 13 Manhole Frances and Covers Siena Corporation MH-144N 3305 13 Manhole Frames and Covers Sigma Corporation MH-143N 3305 13 Manhole Frames and Covers Pont-A-Mousson GTS-STD 24" dia. 3305 13 Manhole Frames and Covers Nccnah Casting 24" dia. 10/31/06 3305 13 Manhole Frames and Covers (Hinged) Powerseal Hinged Ductile Iron Manhole ASTM A536 24" Dia. 7/25/03 3305 13 Manhole Frames and Covers Saint-Gobain Pipelines (Pamrex/rexus) RE32-R8FS 30" Dia. 01/31/06 3305 13 30" DI MH Ring and Cover East Jordan Iron Works V 1432-2 and V 1483 Designs AASHTO M306.04 30" Dia. I It02/10 3305 13 30" DI MH Ring and Cover Sigma Comoration MH1651FWN & MH16502 30" Dia 07/19/1 1 3305 13 30" DI MH Ring and Cover Star Pipe Products MH32FFWSF DC 30" Dia 08/10/11 3305 13 30" DI MH Ring and Cover Accueast 220700 Heavy Duty with Gasket Ring 30" Dia 30" ERGO XL Assembly 10/14/13 3305 13 30" DI MH Ring and Cover (Hinged & Lockable) East Jordan Iron Works with Cam Lock/MPICIr-Gasket ASSHTO M 105 & ASTM A536 30" Dia 06/01/17 3405 13 30" DI MH Ring and Cover (Hinged & Lockable) CI SIP Industries 2280 (32") ASTM A 48 30" Dia. SCDH 3000, Std. DbI Hinge Non-Metalic Ring 08/24/17 3305 13.01 30" DI MH Ring and Cover (Hinge & Lock) Composite SewperCowr and Cover w/Lock HD/FRP Comoositc 30" Dia. " From Original Standard Products List Click to Return to the Table of Content 4 FORT WORTH.. water or sewer CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST 15 inch diameter shall be approved for use by the Water Department on a Water & Sewer - rlattholes & Bases/Frames & Co.cm'%Vater Tight & Pressure Tight 33-05-13 (& 2/3/161 ' 3305 13 Manhole Frames and Covers Pont-A-Mousson Pamtight ' 3305 l3 Manhole Frames and Covers Neenah Casting • 3305 13 Manhole Frames and Covers Western Iron Works,nass & Hays Foundry 300-24P ' 33 05 13 Manhole Frames and Covers McKinley Iron Works Inc. WPA24AM 03/08/00 33 05 13 Manhole Frames and Covers Accucast RC-2100 04/20/01 3305 13 Manhole Frames and Covers (SIP)Serampore Industries Private Ltd. 300-24.23.75 Ring and Cover be ASTM A 48 ASTM A 48 Updated: 12/06/2018 24" Die. 24" Dig. 24" Din. 24" Die. 24" Die. 24" Din. • From Original Standard Products List Click to Return to the Table of Content 5 FORT WORTH, ,iote: All water or sewer pipe lamer than 15 inch diameter shall CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST N ater ! Sewer -1. —t CrcrYte 1Rn 13/13) ' 3339 10 Manhole, Precast Concrete Hydro Conduit Cote • 33 39 10 Manhole. Precast Concrete Wall Concrete Pita Co. Inc. • 3339 10 Manhole, Precast Concrete Forterra(formerly Gifford -Hill, Hanson ) 04/26/00 33 39 10 MR, Single Offset Seal Joint Forterra(formeriv Gifford -Hill, Hanson ) 09/23/96 33 39 10 Manhole, Precast Concrete Concrete Product Inc. 05/08/18 33 39 10 Manhole, Precast Concrete The Turner Comoany 10/27/06 33 39 10 Manhole, Precast Concrete Oldcastle Precast Inc. 06/09/10 33 39 10 Manhole, Precast (Reinforce Polymer)Concrete US Composite Five basis. SPL Item #49 Tvoe F Dwg 35-0048-001 48" I.D. Manhole .v/ 32" Cone 48". 60" I.D. Manhole w/ 32" Cone 48' I.D. Manhole w/ 24" Cone Reinforced Polvmer Concrete Updated: 12/06/2018 be reauired for some ASTM C 478 48" ASTM C-443 48" ASTM C 478 48" ASTM C 478 48" Diem MH ASTM C 478 48" w/32" cone ASTM C 478 48'% 60" ASTM C 478 48" Diem w 24" Rine ASTM C-76 48" to 72" ' From Original Standard Products List Click to Return to the Table of Content 6 FORT WORTH. Note: All water or sewer sine la CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST than 15 inch diameter shall be approved for use by the Water Department on a Droiect specific basis. Special bedding may be W'ater & Sewer - & B4K%RdMb SU"AkCeltleR=U ' E1-14 Manholc Rehab Systems puadex 04/23/01 El-14 Manhole Rehab Systems Standard Cement Materials, Inc. Rohner MSP EI-14 Manhole Rehab Systems AP/M Permaform 4/20/01 EI-14 Manhole Rehab System Strong Company Strong Seal MS2A Rehab System 5/12/03 EI.14 Manhole Rehab System (Liner) Poly -triplex Technologies MH repair product to stop infiltration 09/30/06 General Concrete Repair FlexKrete Technologies Vinyl Polyester Repair Product for ASTM D5913 Updated: 12/06/2018 Misc. Use From Original Standard Products List Click to Return to the Table of Content 7 CITY OF FORT WORTH FORT WORTH, WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 12/06/2018 Note: All water or sewer i e lar er than 15 inch diameter shall be approved for use by the Water De artment on aproject specific basis. Special becidiniz may be required for some pipes. VI �cr &Sewer - Jiaabola & Base>v'ReYab Srstemei\ouCeaxatlttiaua 05/20/96 EL-14 Manhole Rehab Systems Sprayroq, Spray Wall Polyurethane Coating ASTM D639/D790 • EI-14 Manhole Rchab Systems Sun Coast For Exterior Coating of Concrete 12/14/01 Costing for Corrosion Protection(Exterior) ERTECH Series 20230 and 2100 (Asphatic Emulsion) Structures Only 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, SIHB, St, S2 Acid Resistance Test Sewer Applications 8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications 08/30/06 Coatings for Corrosion Protection Citadel SLS-30 Solids ERp�� Sewer vViations 33 05 16, 33 39 10, 33 RR&C Dampproofing Non-btarcd Spray For Exterior CoaEmg of Concrete 03/19/18 3920 Coating for Corrosion protection(Exterior) Sherwin Williams Grade (Asobatic Emulsion) Structures Only • From Original Standard Products List Click to Return to the Table of Content 8 FORT WORTHS CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Upd2ted: 12/06/2018 Note: All water or sewer pipe larger than 15 inch diameter shall be approved for use bv the Water De artment on a ro'ect s ecific basis. Special bedding maybe required for some pipes. Water &Sewer -Manhole Inserts - Field Operatiow Use Onh (Rey 2/3i 16) • 3305 13 Manhu!c Ivsen Knutson Enterprises Made to Order - Plastic ASTM D 1248 For 24" din • 3305 13 Manhole Insert South western Packaging Made to Order - Plastic ASTM D 1248 For 24" dia. • 3305 13 Manhole insert Noflow-Inflow Made to Order - Plastic ASTM D 1248 For 24" dia. 09/23/96 3305 13 Manhole Insert Southwestern Packing & Seals. Inc. LifeSaver - Stainless Steel For 24" dia. 0923/96 3305 13 Manhole Insert Southwestern Packing & Seals, Inc. TetherLok - Stainless Steel For 24" dia • From Original Standard Products List Click to Return to the Table of Content FORT WORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 12/06/2018 (Vote: All water or sewer pipe larger than 15 inch diameter shall be approved for use b theWater Dartment on a project specific basis. Special beddingmbd fosome pipes. Water do Sewer - ers 33-9S-Z4 M14JUM I I /04/02 Steel Band Casing Spacers 02/02/93 Stainless Steel Casing Spacer 04/22/37 Casing Spacers 09/14/10 Stainless Steel Casing Spacer 09/14/10 Coated Steel Casin Spacers 05110111 Stainless Steel Casing Spacer 03/19/18 Cuing Spacers 03/19/18 Casing Spacers Advanced Products and Systems, Inc. Advanced Products and Systems, Inc. Cascade Waterworks Manufacturing Pipeline Seal and Insulator Pipeline Seal and Insulator Powcrscal BWM BWM Carbon Steel Spacers. Model SI Stainless Steel Spacer, Model SSI Casing Spacers Stainless Steel Casing Spacer Up to 48" Coated Steel Casin Spacers Up to 48" 4810 Powcrchock Up to 48" SS-12 Casing Spacer(Stainless Steel) FB-12 Casing Spacer (Coated Carbon Steel) for .Ion_pressure Pipe and Grouted Casing • From Original Standard Products list Click to Return to the Table of Content 10 CITY OF FORT WORTH FORT WORTH, WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 12/06/2018 Note: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes. N1'ater & Sewer - Pioes/DuctUe Iron 33-11-10(i!& 13) I 33 11 10 Ductile Iron Pipe Griffin Pipe Products, Co. Super Bell -Tile Ductile Iron Pressure Pipe, AWWA CISQ`C151 3" thru 24" 08/24/18 3311 10 Ductile Iron Pie American Ductile Iron Pipe Co. American Fastite Pi (Bell Sniggot) AW WA C150. C151 4" thru 30" 08/24/18 3311 10 Ductile Iron Not: American Ductile Iron Pi Co. Amcrcan Me. Ring (RcstraincA loins) AWWA C1S0, C151 4" thru 30" * 33 I1 10 Ductile Iron Pipe U.S. Pipe and Foundry�o. AWWA C150. C151 • 33 11 10 Ductile Iron Pipe McWanc Cast iron Pipe Co. AW WA CI50, C151 • from Original Standard Products List Click to Return to the Table of Content 11 FORT WORTH, Note: All water or sewer pipe larger than 15 inch diameter shall be (Water & Sewer - Utility Line Marker 08/24/2 W CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST for use by the Water Dewrtment on a • From Original Standard Products List Click to Return to the Table of Content basis. Special bedding may be Updated: 12/06/2018 CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Vote: All water or sewer pipe larder than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. er- CoaldnlvVEnoxv 33-39-60 (01/96/ 02/25/02 Epoxy Lining System 12/14/01 Epoxy Lining System 04/14/05 Interior Ductile Iron Pipe Coaling 01/31/06 Coatings for Corrosion Protection 8/28/2006 Coatings for Corrosion Protcetion Saucreisen, Inc Enoch Technical Coatings Induron Chesterton Warren Em%vonmcntal SewerGard 21ORS Enoch 2030 and 2100 Series Protecto 401 Arc 791. SIHB, SI, S2 S-301and M-301 Updated: 12/06/2018 be required for some pipes. LA County #2I0-1.33 ASTM B-I 17 Ductile Iron Pipe Only Acid Resistance Test Seiner Applications Scwcr Applications From Original Standard Products list Click to Return to the Table of Content 13 FORT WORTH All water or sewer than 15 Inch diameter shall be �n /nwrM, CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST for use by the Water Department on a Updated: 12/06/2018 some • From Original Standard Products List Click to Return to the Table of Content 14 FORT WORTH: Note: All water or CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST than 15 inch diameter shall be anoroved for use by the Water w r - Comblta jhM Air ��a , cs 05/25/18 33-31-70 Air Release VvIvc A.R. I. USA. Inc. I D025LTP02(Compositc Body) be Updated: 12/06/2018 2" ' From Original Standard Products List Click to Return to the Table of Content is FORT WORTH. Note: All water or sewer pipe larder than 15 inch Sewer - Moe>t/Coocrete " EI-04 Conc. Pipe. Reinforced ' E1-04 Conc. Pipe, Reinforced ' Ell-04 Conc. Pita, Reinforced • E-04 Conc. Pipe, Reinforced CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST for use by the Water Department on a oroiect specific basis. Wall Concrete Pipe Co. Inc. Hydro Conduit Corporation Class III T&G, SPL Itcm #77 Hanson Concrete Products oe Concrete Pipe c2 Products Co. Inc. Updated: 12/06/2018 may be reouired for some ASTM C 76 ASTM C 76 ASTM C 76 ASTM C 76 ' From Original Standard Products List Click to Return to the Table of Content 16 CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Note: All water or sewer i e lar er than 15 inch diameter shall be approved for use by the Water De artment on a project specific basis. S i i PIM System PIM Corporation Polyethvlcac McConnell Systems Melnt Construction Polyethylene TRS Svstems Trenehless Replacement System Polyethylene Updated: 12/06/2018 be required for some PIM Corp.. Piscua Way. NJ. Approved Previously Houston. Texas Approved Previously Calgary. Canada Approved Previously • From Original Standard Products List Click to Return to the Table of Content 17 CITY OF FORT WORTH FORT WORTH, WATER DEPARTMENT STANDARD PRODUCT LIST Note: All water or sewer pine lareer than 15 inch diameter shall be aooroved for use by the Water Department on a oroi ect snecif Suer 7/21197 - PhwTibertim Reinforced Pine 33-31-IaL& 3331 13 Coot. Cast Fibcr&ss 13f Hobas Pipc USA, Inc. Hobas Pipc (Non•Pressurel 03n,2J10 3331 13 FiberRIm Pipc Amcron Bandsirand RPMP Pipc 10130/03 Glass -Fiber Reinforced Polymer Pipe Thompson Pipe Group Flowtite 4/14/05 Polymer Modified Concrete Pipe Amitech USA Meyer Polycrete Pipe 06/09/10 El-9 Reinforced Polymer Concrete Pipe US Composite Pipe Reinforced Polymer Concrete Pipe Updated: 12/06/2018 be reauired for some ASTM D3262ID3754 ASTM D32621D3754 ASTM D3262/D3754 ASTM C33. A276, F477 ASTM C-76 8" to 102", Class V { { From Original Standard Products List Click to Return to the Table of Content 18 FORT WORTH Note: All water or sewer i e lar er than 15 inch diameter shall be Seesr - PinWHDPE 33-31-23(11V13) High-dcnsity polyethylene pipe E : High-d=itypolyethylene pipe High -density polyethylene pipe High -density polyethylene pipe CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST se by the Water Department on a nroiect specific basis. Phillips Driscopipc, Inc. Plexco Inc. Polly Pipe, Inc. CSR Hydra Conduit/Pipeline Systems Updated: 12/06/2018 be required for some Wipes. Opticorc Ductile Polyethylene Pipe ASTM D 1248 ASTM D 1248 ASTM D 1248 McConnell Pioc Enlargement ASTM D 1248 8" 8" • From Original Standard Products List Click to Return to the Table of Content 19 FORT WORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 12/06/2018 Note: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding maV be required for some i es. 12/02/11 33-11-12 DR-14 PVC Pressure Pipe 10/22/14 33-11-12 DR-14 PVC Pressure Pipe Pipel:,`e Jels:rcam PVC Pressure Pipe AW WA C900 4" tnru I2" W Royal Building Products Royal Seal PVC Pressure Pipe AW A C900 4" tltru 12" • From Original Standard Products List Click to Return to the Table of Content 20 FORT WORTH. All water or sewer pipe larger than 15 Sewer - rlea(PVC• 33-31-29 (7/1/13 ) • 33-31-20 PVC Scucr Pipe • 33-31-20 PVC Sewer Pipe ' 33-" 0 PVC Sewer Pipe 12/23/97• 33-31-20 PVC Seiner Pipe ' 33.31.20 PVC Sever 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 Fine 09/11/12 33.31-20 PVC SewerP)" 05/06/05 33-31-20 PVC Solid Wall Pipe 04/27/06 33-31-20 PVC Sewer Fittings 33-31-20 PVC Sewer Fittings 11/17/99 F100-2 Closed Profile PVC Pipe 3/19/2018 333120 PVC Sewer Pipe 3/19/2018 33 3120 PVC Sewer Pipe CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST se by the Water Department on a project specific basis. Certain -Teed Products Corp Napco Manufacturing Corp J-M Manufacturing Co.. Inc. (JM F.agle) Diamond Plastics Corporation Lamson Vylon Pipe Royal Building Products Vinyllech PVC Pipe Diamond Plastics Corporation J-M Manufacturing Co, Inc. OM Eae[c) Pi �fW Jet Stream Diamond Plastics Corporation Harco Plastic Trends. In.c Diamond Plastics Corporation Pipelife Jet Stream Pipelife Jet Stream Updated: 12/06/2018 for ASTM D 3034 4" thru t5" ASTM D 3034, D 1784 4" & S" ASTM D 3034 4" - 15" SDR-26 and SDR-35 ASTM F 789, ASTM D 3034 4" thru 15" ASTM F 789 4" thru IS" Royal Seal Solid Wall Pipe SDR 26 & 35 ASTM 3034 4" thru IS" Gravity Sewer ASTM D3034 4" thru 15" "S" Gravity Sever Pipe ASTM F 679 IS" to 27" ASTM F 679 IS" - 27" SDR-26 and SDr-35 ASTM F-679 18" PS 46 ASTNI F-679 18" to 48" SDR-26 and SDR-35 Gasket Fittings ASTM D-3034. D-1784, etc 4--15" Gaakctcd PVC Server Main Fittings ASTM D 3034 ASTM 1803/F794 18"to49" SDR 35 ASTM F679 18"-24" SDR 26 ASTM D3034 4"45" ' From Original Standard Products List Click to Return to the Table of Content 21 FORT WORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 12/06/2018 Note: All water or sewer i e la er than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding maybe required for some pipes. Sower - PlnatReh&b/C1PP 33-31-12 (!1/1i/131 • Cured in Place Pipe 05/03/99 Cured in Place Pipe 05/29/96 Cured in Place Pipe Insitufomt Tcxark, Inc ASTM F 1216 National Envirotcch Grmp National Liner, (SPL) Ircm #27 ASTM F-12160-5813 Remolds Inc/Inliner Technolgy (Inliner USA) Inliner Technology ASTM F 1216 • From Original Standard Products List Click to Return to the Table of Content 72 FORT WORM, Note: All water or sewer pipe k CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST than 15 inch diameter shall be approved for use by the Water Department on a Sc,Aer - Pfoa ReYaNFdd k Form e ' Fold and Fomt Pipe 11/03/98 Fold and Form Pipe Fold and Form Pipe 12/04/00 Fold and Form Pipe 06/09/03 Fold and Form Pipe Cullum Pipe Systems, Inc. Insituform Tcehnologics. Inc. American Pipe & Plastics, Inc. Ullraliner Miller Pipeline Corp. Updated:12/06/2018 Insituform "NVPIpc' ASTM F-1504 Demo. Purpose Only Ultraliner PVC Alloy Pitreliner ASTM F-1504. 1871. 1867 EX Mcthod ASTM F-1504, F-1947 Uo to IS" diameter ' From original standard Products List Click to Return to the Table of Content 23 FORT WORTH, CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 12/06/2018 Note: All water or sewer i e lar er than 15 inch diameter shall be approved for use b the Water De artment on a ro'ect specific basis. Special bedding may be required for some pipes, r 09/26/91 E100-2 PVC SawcrPimRibbcd 09/26/91 E100.2 PVC Sewer Pipe. Ribbed E100.2 PVC Sewer Pipe, Ribbed 11/10/10 (Ei00.2) Polypropylene (PP) Sewer Pita, Double Will 11/10/10 (EI00.2) Polypropylene (PP) Sewer Pipe. Triple Wall 05/16/11 Steel Reinforced Polyethylene Pipe Lamson Vylon Pipe Extrusion Tcchnologics, Inc. Uponor ETI Company Advanced Drainage Systems (ADS) Advanced Drainage Systems (ADS) ConTech Construction Products Carlon Vylon H.C. Closed Profile Pipe, ASTM F 679 IS" to 48" Ultra -Rib Open Profile Sewer Pipc ASTM F 679 IS" to 48" SaniTite HP Double Wall (Corrugated) ASTM F 2736 24"-30" SaniTite HP Triple Wall Pipe ASTM F 2764 30" to 60" D=wxx ASTM F 2562 24" to 72" " From Original Standard Products List Click to Return to the Table of Content 24 CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 12/06/2018 Note: All water or sewer pipe larger than 15 Inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes. 11 ester - .11nuurteloances 33-11-10107/Ol'131 01/18/18 33-12-10 Doublc Strap Saddle Romac 202NS Nylon Coated AWWA C800 1 ".2" SVC, up to 24" Pipe 08128/02 Double Strap Saddle Smilh Blair #317 Nylon Coated Double Strap Saddle 07/23/12 33-12-10 Double Strap Service Saddle Mueller Company DR2S Double (SS) Strap DI Saddle AWWA C800 1%2" SVC, uo to 24" Pipe 10/27/87 Curb Stops -Ball Meter Valves McDonald 6100M.610OMT & 61OMT 314" and 1" 10/27/87 Curb Stops -Ball Meter Valves McDonald 4603B, 4604B, 6100M, 6100TM and 6I01M 1 W and 2" FB600-7NL, I'B 1600-7-NL, F V23.777-W-NL, $25/2018 33-12-30 Curb Stops -Ball Meter Valves Ford Meter Box Co- Inc. L22-77NL AWWA C800 2" FB600-6-NL, FB1600-6-NL, FV23.666-W.NL, 525P_018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co.. Inc. L22-66NL AW WA C800 1-12" FB6004-NL, FB16OD4-NL, Bi 1.444-WR-NL, 5252018 33-12.10 Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. 322444-WR-NL, L2344NL AWWAC800 I" B-25000N, B-24277N-3, B-2020ON-3, H- AW WA C800, ANSF 61, 525R018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. I SOOON, , H.1552N, H 142276N ANSIINSF 372 2" 8-25000N, B-20200N-3, B-24277N-3,H- AWWA C8D0, ANSF 61, 525/2018 33.12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, H-14276N, H-15525N ANSI/NSF 372 1.1/2" B-25000N, B-2020ON-3,H-I50DON, H- AWWA C800, ANSF 61. 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15530N ANSI/NSF 372 1" 0126/00 Coated Tapping Saddle with Double SS Straps JCM Industries. Inc. 9406 Double Band SS Saddle 1%2" Taps on ur to 12" 015/21/12 33-12-25 Tapping Sleeve (Coated Stec[) JCM Industries, Inc. 412 Tapping Sleeve ESS AWWA C-223 Up to 30" vv/12" Out 05/10/11 Tapping Slccvc (Stainless Steel) Powcacat 3490AS (Flange) & 3490MJ 4"-8" and 16" 0229/ 12 33-12-25 Tapping Sleeve (Coated Steel) Romac FTS 240 AWWA C-223 U p to 42" w/24" Out 0229/12 33.12-25 Tapping Slccvc (Stainless Steel) Romac SST Stainless Stec] AWWA C-223 Up to 24" w/12" Out OV29112 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST III Stainless Steel AWWA C-223 Up to 30" w/12" Out 05110111 Joint Repair Clamp Powerseal 3232 Bell Joint Repair Clamp 4" to 30" Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW37C-12d EPAF FTW Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW39C-12-IEPAF FTW 000106 Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW65C-14-IEPAF FTW Class "A" Concrete Meter Box Bass & Hays CMB37-B12 1118 LID-9 Concrete Meter Box Bass & Hays CMB-I8-Duel 1416 LID-9 Concrete Meter Box Bass & Hays CMB65-B65 1527 LID-9 " From Original Standard Products List Click to Return to the Table of Content 25 FORT WORTH, CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for Updated: 12/06/2018 • From Original Standard Produds list Click to Return to the Table of Content 26 CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 12/06/2018 Note: All water or sewer i e lar er than 15 inch diameter shall be approved for use bv the Water Department on a project specific basis. Special bedding may be required for some pipes. V1'ater - CodNnat33-31-70101/Od/131 EI-11 Combination Air Release Valve GA :ndustrios, Inc. Empire Air and Vacuum Valve, Model 935 ASTM A 126 Class B, ASTM A 1" & 2" 240 • float, ASTM A 307 - Cover Bolts ' HI-11 Combination Air Reease Valve Multiplex Manufacturing Co. Crispin Air and Vacuum Valves, Model No. 112", t" & 2" ' E1-11 Combination Air Release Valve Valve and Primer Corp. APCO #143C, 0145C and #147C 3 ", 2" & 3" ' From Original Standard Products List Click to Return to the Table of Content 27 FORT WORTH diameter shall be Water - Dn Barrel Fire llArlasta 33-124010115114 1 10/01/87 E-1-12 Dry Barrel Fire Hydrant 03/31/98 E-1-12 Dry Barrel Fire Hydrant D9/30/87 E-1-12 Dry Bartel Fire Hydrant 01/12/93 &1-12 Dry Barrel Fire Hydrant 08/24/88 E-1-12 Dry Barrel Fire Hydrant E-1-12 Dry Barrel Fire Hydrant 09/24/87 E-1-12 Dry Barrel Fire Hydrant 10/14/87 E-1-12 Dry Barrel Fire Hydrant 01/15/88 EI-12 Dry Barrel Fire Hydrant 10/09/87 E-1-12 Dry Barrel Fire Hydrant 09/16/87 E-1-12 Dry Barrel Fire Hydrant 08/12/16 33-12-40 Dry Barrel Fire liydmnt CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST for use by the Water American -Darling Valve American Darling Valve Clow Corporation American AVK Company Clow Ccrporation ITT Kennedy Valve M&H Valve Company Mueller Company Mueller Company U.S. Pipe & Foundry Watcrous Company EI (Eim Jordan Iron Worle) a Drawing Nos. 90-18608. 94-18560 Shop Drawing No. 94-18791 Shop Drawing No. D-19895 Model 2700 Drawings D20435, D20436, B20506 Shop Drawing No. D-80783FW Shop Drawing No. 13476 Shop Drawings No. 6461 A423 Centurion Shop Drawing FH-12 A.423 Super Centurion 200 Shop Drawing No. 960250 Shop Drawing No. SK740803 WatcrMastcr 5CD250 Updated: 12/06/2018 for some AW WA C-502 AWWA C-502 AW WA C-502 AW WA C-502 AW WA C-502 AW WA C-502 AW WA C-502 AW WA C-502 AW WA C-502 AW WA C-502 AW WA C-502 ' From Original Standard Products List Click to Return to the Table of Content 28 CITY OF FORT WORTH FORT WORTH, WATER DEPARTMENT STANDARD PRODUCT LIST Note: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Deoartment on a nrolect sneci: "H ter - Meters 02/05/93 EI01-5 DctcctorCheck Metcr 03/05/04 1 Magnetic Drive Vertical Turbine Ames Company Model 1000 Detector Check Valve Herscy I Magnctie Drivc Vertical Updated: 12/06/2018 be required for some i es. AW WA C550 4" - 10" AW WA C701. CIL%s 1 I 3/4" - 6" From Original Standard Products List Click to Return to the Table of Content Z9 CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Note: All water or sewer nine larger than 15 inch diameter shall be aDDroved for use by the Water Department on a Drolect specific basis. Updated: 12/06/2019 � ws>veer-r>loes/r�+Llrres:urerraurl�r�i-rvluuran�l � � � AW WA C900. A W WA C605, Ol/18/l8 33-11-12 PVC Pressurc Pipe Vinyltech PVC Pipe ASTM D1784 4"-12" 3/19/2018 33 11 12 PVC Press= Pivc PipelikJaStrcam DR14 AWWAC900 4"-12" 3/1912O18 33 11 12 PVC Pressum Pive PivelifeJet Stream DRI8 AWWAC900 l6"-24" 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 14 AW WA C900 4"-12" 5/25/2018 33 11 12 PVC Pressure Pipe Diansond Plastics Corporation Trans 21, DR 14, DR 18 AW WA C900 l6"•24' AWK'A ( 91N1-It+ C 6 2011 I 31 :1 : _ pVc Pressure Ptpe !-%l >landr ctunng Co. Inc d b s JM Eagle DR 14 CI 12>ts I 4„-1:„ 'Blue Brutc' .ANSI NSF 61 F\116+_ k%% AC9,al 16 12M 701 N I ?? 11 :_ P\'r' I+r:..urc Ptpc ;-y \lae tutunng (o . In: d b u AlEa81: DR IIt UL 1295 i � I 'Blue Hrrc" I .1NS1MI .-.. ,. NSF I • From Original Standard Products List Click to Return to the Table of Content 30 FORT WORTH,:, CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 12/06/2018 Note: All water or sewer i e lar er than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. S ecial beddin ma be re uired for some i es. Water - Pines 1'aha is Fittinas/Ductile Iron FitUmn 33-11-11 LU3J 131 07i23/92 EI.07 Ductile Iron Fittings Star Pipe Products, Inc. Mechanical Joint Finings AWWA C153 & C110 ' EI-07 Ductile Iron Fittings Griffin Pipe Products. Co. Mechanical Joint Fitjltlliq AWWA C 110 ' EI-07 Ductile Iron Fittings McWanefryler Pipe/ Union Utilities Division Mechanical Joint Fittings, S$SB Class 350 AW WA C 153. C 110, C III 08/11/98 El-07 Ductile Iron Fittings Sigma, Co. Mechanical Joint Fittings, SSB Class 351 AWWA C 153. C 110. C 112 02/26/14 E1-07 MI Fittings Accucast Class 350 C-153 MI Fittings AW WA CI53 4".12" 05/14/98 E1.07 Ductile Iron Joint Restraints Ford Meter Box Co./Uni-Flange Uni-Flange Series 1400 AW WA Cl I I/C153 4" to 36" 05/14/98 E1-24 PVC Joint Restraints Ford Meter Box Co./Urd-Flange Uni-Flange Series 1$00 Circle -Lock AW WA Cl 11/CI53 4" to 24" 11/09/04 EI-07 Ductile Iron Joint Restraints One Boh, Inc. One Bolt Restrained Joint Fitting AWWA CI I I/C116/C153 4" to 12' 02/29/12 33-11-11 Ductile Iron Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 1100 (forD1 Pipe) AWWA CI I I/CI16/C153 4" to 42" 02129/12 33-11-11 PVC Pipe Mechanical Joint Restraint EBAA Iron, Inc. Mcgalug Series 2000 (for PVC Pipe) AWWA CI l UCI 16/CI53 4" to 24" 08/05/04 E1-07 Mechanical Joint RetainerGIWKWPVC) Sigms,Co. Sigma One-LokSLC4-SLC10 AWWACIII/CI53 4"to10" 08/05/04 EI-07 Mechanical Joint RctaincrGlands(PVC) Sigms,Co. SigniaOnrLokSLCE AWWACIII/C(53 1211to24" 08/10/98 EI-07 MJFittings(DIP) Sigma, Co. Sigma One-LokSLDE AWWAC153 4" .24" 10/12/10 EI-24 Interior Restrained Joint System S & B Tcchncial Products Bulldog System ( Diamond Lok 21 & JM Eagle ASTM F.1624 4" to 12' 03/16106 E1-07 Mechanical Joint Fittings SIP lndustries(Serampore) Mechanical Joint Fittings AWWAC153 4"124" 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products. Inc. PVC Stargrip Series 4000 ASTM A536 AW WA CI l t 11/07/16 33.11-1 I Mechanical Joint Retainer Glands Star Pipe Products, Inc. DIP Stargrip Series 3000 ASTM A536 AWWA C111 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) EZ Grip Taint Restraint (FZD) Black For DIP ASTM A536 AWWA C111 3"-48" 03/19/18 33-11-I 1 Mechanical Joint Retainer Glands SIP Industries(Serampore) FZ Grip Joint Restraint (EZD) Red for C900 ASTM A536 AW WA CI 1 I 4".12' DR14 PVC Pipe 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industrics(Scramporc) FZ Grip Joint Restraint (EZD) Red for C900 ASTM A536 AWWA CI 11 16"-24" DR IS PVC Pipe ' From Original Standard Products List Click to Return to the Table of Content 31 FORT WORTH,, Note: All water or sewer CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST use by the Water Denartment on a Updated:12/06/2018 Resilient Wedged Gate Valve Wan Gars American Flow Control Series 2500 Drawing # 94-2D247 16" 12/13/02 Resilient Wedge Gate Valve American Flow Control Series 2530 and Series 2536 AW WA C513 30" and 36" 08/31/09 Resilient Wedge Gate Valve American flow Control Series 2520 & 2524 (SD 94-20255) AW WA C515 20" and 24" 05/19/99 Resilient Wedge Gate Valve American Flow Control Series 2516 (SD 94.20247) AW WA C515 16" 1024/00 EI.26 Resilient Wedge Gate Valve American Flow Control Series 25DO(Ductle Iron) AWWA C515 4" to 12" 08/05/04 Resilient Wedge Gate Valve American flow Control 42" and 48" AFC 2500 AW WA C515 42" and 48" 05/23/91 EI-26 Resilient Wedge Gate Valve American AVK Company American AVK Resilient Saded GV AW WA C509 4" to 12" O1/24/02 E1-26 Resilient Wedge Gate Valve American AVK Company 20" and smaller • Et-26 Resilient Sated Gate Volvo Kennedy 4" - 12" • E1-26 Resilient Sated Gate Valve M&H 4" - 12" E1-26 Rc:ilienlSeated Gate Valve Mueller Co. 4"-12" 11108199 Resilient Wedge Gate Valve Mueller Co. Series A2361 (SD 6647) AW WA CS15 16" O 123/03 Resiliew Wedge Gate Valve Mueller Co. Series A2360 for 18"-24" (SD 6709) AW WA C515 24" and smaller 05/13/05 Resilient Wedge Gate Valve Mueller Co. Mueller 30" & 36", C-515 AW WA CS 15 30" and 36" 01 /31106 Resilient wedge Gate Valve Mueller Co. Mueller 42" & 48", C-S 15 AW WA C515 42" and 48" 01/28/88 E l-26 Resilient Wedge Gate Valve Clow Valve Co. AW WA C509 4"- 12" I O/D4/94 Resilient Wedge Gate Valve Clow Valve Co. 16" RS GV (SD D-20995) AW WA C515 16" 11/08/99 E1-26 Resilient Wedge Gate Valve Clow Valve Co. Clow RW Valve (SD D-21652) AW WA C515 24" and smaller 11/29/04 Resilient Wedge Gate Valve Clow Valve Co. Clow 30" & 36" C-515 AW WA C515 30" and 36" (Note 3) 11/30/12 Resilient Wcdgf Gate Valve Clow Valve Co. Clow Valve Model 2638 AWWAC51 S 24" to �8" J etc 3) D5l08/9l E 1-26 Resilient Seated Gate Valve Stoeldtam Valves &Fittings AW WA C 509, ANSI 420 -stem 4 2 ASTM A 276 Type 304 - Bolts & rurti • El -26 Resilient Sated Gate Valve U.S. Pipe and Foundry Co. Mcuoscal250, requirements SPL a74 3" to 16" 1026/16 33-12-20 Resilient Sated Gate Valve EJ (East Jordan Iron Wort) W FlowMastcr Gate Valve & Boxes I 08/24/18 Matco Gate Valve Matco-Nora 225 MR AWWA(ANS1 Cl IS/An21.15 4" to 16" • From Original Standard Products List Click to Return to the Table of Content 32 CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 12/06/2018 Note: All water or sewer pipe larger than 1S inch diameter shall be a d fub the Water Department on aroectsec f ma6e require or some pipes. V1'ater - Pluet/�"elves It FLtUnniRabber Salted BatteQN, N alve M-12-21 (07r10/ 14) • EI-30 Rubber Seated Butterfly Valve Henry Pratt Co. AWWA C-504 24" • E1-30 Rubber Seated Butterfly Valve Mueller Co. AW WA C-504 24"and smaller lil 1/99 EI-30 Rubber Seated Butterfly Valve Dezurik Valves Co. AWWA C-504 24" and larger 06/12/03 EI-30 Valmatic American Butterfly Valve Valmatic Valve and Manufacturing Com. Valmatic American Butterfly Valve. AW WA C-504 Up to 84" diameter 04/06/07 E1-30 Rubber Seated Butterfly Valve M&H Valve M&H Style 4500 & 1450 AW WA C-504 24" to 48" 03/19/18 33 1221 Rubber Seated Butterfly Valve G. A. Industries (Golden Anderson) AW WA C504 Butterfly Valve AW WA C-504 30"-54" • From Original Standard Products List Click to Return to the Table of Content 33 FORT WORTHS Note: All water or sewer nine la CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST than 15 inch diameter shall be anaroved for use by the Water Department on a nroiect specific basis. W'rllter - Potvetrti�kne E�casemeat 33-11-10 (!11/ON13) 05/12/05 El- 1Pc!yc1hylcnc Encasment Flcxsoi Packaging Fulton Entcrpriscs 05/12105 EI-13 Pycthyleno Encasmcnt Mountain States Plastics (MSP) and AEP Ind. Standard Hardware 05/12/05 EI.13 Polyethylene Encasment AF.P Industries Btdlsuong by Cowtown Bolt & Gasket Updated: 12/06/2018 AW WA C 105 8 mil LLD A W WA C 105 8 mil LLD AW WA C I05 8 mil LLD I From Original Standard Products List Click to Return to the Table of Content 34 CITY OF FORT WORTH FORT WORTH, WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 12/06/2018 :Water - Samnlio>Q Statiuo l Water Sampling Station From Original Standard Products List Click to Return to the Table of Content 35