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Home My WebLink AboutContract 57680-PM1PROJECT MANUAL FOR THE CONSTRUCTION OF WATER & SANITARY SEWER IMPROVEMENTS TO SERVE THE CITADEL IPRC Record No. 21-0093 City Project No. 103496 FID No. 30114-0200431-103496-E07685 File No. Mattie Parker David Cooke Mayor City Manager Christopher P. Harder, P.E. Director, Water Department Prepared for The City of Fort Worth AUGUST 2021 Urban Structure 8140 Walnut Hill Lane, Suite 905 Dallas, TX 75231 214-295-5775 TBPE F-13165 06/23/2 CSC No. 57680-PM1 00 00 00 STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS Page 1 of 6 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division Ol - General Re uirements Last Revised O1 11 00 Summar of Work 12/20/2012 O1 25 00 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meetin 08/30/2013 8-1-3-�-�8 8=�f9�-1?8-� O1 32 33 Preconstruction Video 08/30/2013 O1 33 00 Submittals 08/30/2013 O1 35 13 S ecial Pro�ect Procedures Q8/30/2013 O1 45 23 Testin and Ins ection Services 03I20/2020 01 50 00 Tem orar Facilities and Controls 07/O1/2011 O1 55 26 Street Use Permit and Modifications.to Traffic Control 07/01/2011 O1 57 13 Storm Water Pollution Prevention Plan 07/O1/2011 O1 60 00 Product Re uirements 03/20/2020 01 66 00 Product Stora e and Handlin Re uirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 O1 71 23 Construction Stakin 04/07/2014 O1 74 23 Cleanin 04/07/2014 01 77 19 Closeout Re uirements 04/07/2014 O1 78 23 O eration and Maintenance Data 04/07/2014 O1 78 39 Pro'ect Record Documents 04/07/2014 CITY OF FORT WORTH The Citadel STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS — DEVELOPGR AWARDED PROJECTS City Project No, 103496 Revised March 20, 2020 Division 00 - General Conditions Last Revised 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 Division 02 - Existing Conditions NONE Division 03 - Concrete NONE Division 26 — Electrical NONE Division 31 - Earthwork NONE Division 32 - Exterior Improvements NONE Division 33 - Utilities NONE Division 34 - Transportation NONE CITY OF FORT WORTH The Citadel STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No, 103496 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 viewedldownloaded from the City's website at: httn://fortworthtexas.gov/tpw/contractors/ or https://a nps.fortworthtexas.gov/Proj ectResou rces/ Division 02 - Existing Conditions n�� e�i,,,.«:..e c:,-e r,e....,,i;*:,,� n7o�..^_Ti—i--T �Tt�:�;r..n m,...,,t�nt,,,.,a r Division 26 - Electrical Division 31 - Earthwork Last Revised i�r�� 1 1 /'�� 02/02/20 I 6 31 10 00 Site Clearin 12/20/2012 31 23 16 Unclassified Excavation Ol/28/2013 31 23 23 Borrow O1/28/2013 31 24 00 Embankments O1/28/2013 31 25 OQ Erosion and Sediment Control 12/20/2012 �-�-�-�--� �� , � r�� 3J.}�� i � i��n� CITY OF FORT WORTH The Citadel STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS City Project No, 103496 Revised March 20, 2020 OZ 41 I S � Paving Removal Division 03 - Concrete 1 � . . „ �rle`!ir'�— •:•:� �= "- -'- = i= Rr - �"•:arsty - � i� �iiri' ^■' - _"•'�,•.�=� - - �rlrl��:� ..�., � �� :.�r � .. �� - ' ��:i � "� � .ETi��i�. Al�I!!�!�lls'i7 �� '�iir'iifi�i'ii:ii�� . . � �.c�,......�4'!!I�i � . � �i�%i � � [+I#�'�� '��_.� . .. �.� � � ��l�! .�i'R�l� ferrti � �-�� -3-85- �-'� �.2 n� �$$- �� 33 OS 22 3-3-8�Z-3 �-8�4 �� '�-J--�J�� 7TITtl7 33 11 10 33 11 11 33 11 12 �'x 1� � 33 12 10 33--�-? �-� 33 12 20 �3-�-�2-� 33 1 z zs �-3—�?-t8 33 12 40 Embedment. and Backfill T a:�,�*:�,� r�.,.,t,,,io� r�t„*� �i i a a n.�, c. . . > > > Cti�@ r„�,...o.� �xi.,«,.,. ir,,,,ir� �....�,...o*o r,,,,.,..� -r,,...,�t r : . ni.,.o Steel Casin� Pine Ductile Iron Pipe Ductile Iroi� Fittings Polyvinyl Chloride (PVC) Pressure L'`_on...-o+� D«�..�„ro D;.,..�, Tl.,„ \]Ir..«,.- e R...- .�,J C'*o�t D:.,� .,.,.i L,':tt:„.,� Water Services 1-inch to 2-inch Resilient Seated Gate Valve �Sx/�ll7n D.,4,t,,.r co.,t�,-1 U„rr„r41.. �I� Connection to Existin� Water Mains Fire Hvdrants r � i��n� g2m��,� ��o � � i�_,�� t�h�nl�L � � i�� n-��,�z , �,�� m m�� m /no ��n� , � ��.�;z 12/12/2016 12/20/2012 n i i�o �-�,�'ro n i n�� t � i��n/�n.��z � � i�z�z , � ��_�^� � -, i�-�z � 1 ��_rz:r�viinviz 12/20/201 Z , � �� .;z n� � �o om--r �i,i-v-i� 1 7 /7�z 1 � /'1m-�m�io i-7s 17/7� 12/20/2012 12/20/2012 11 /16/2018 t '1 /7�z 7 � /�rcrzm�cvzz 02/ 14/2017 , � ��"� 12/20/2012 t 7 /�-rcr�vnv �iz 02/06/2013 , � ��_� �'',�.�z Ol/03/2014 C[TY OF FORT WORTH The Citadel STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No, 103496 Revised March 20, 2020 00 00 00 S"fANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS Page 4 of 6 00 00 00 STANDARD CONSTRUCTION SPEC[FICATION DOCUMENTS Page 5 of 6 CITY OF FORT WOR"CH The Citadel STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROIECTS CiTy Project No, 103496 Revised March 20. 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 6 A�pendix FE-�1.9� ��-'�^i.,:i;��s rii�i cCitl�su�r cicc-a"'r�-�ir`psTEarcvi�croir� ��.tf4 iT,�.7�«...-,,,,.�d L`��:1;+:�.. 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GR-O 1 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH The Citadel STANDARD CONSTRUCTION SPEC[FICATION DOCUMENTS — DEVGLOPER AWARDED PR07ECTS City Project No, 103496 Revised March Z0, 2020 secnoN oo az as Developer Awardad Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application rn� c��a�i - ia�r»,��„� a�>� csm�wi� i3�aa�r, �>��i I3idlisl Item No. [kscnpiion S� �ificetion S��ction Unil ol �� Quuntitp fJnit Pncc IIiJ Vnluc No M�wsw UN 1• AT 1 P OV M TS 1 0241.32184"-12"WaterabandommentPlu 024114 EA 1 5200.00 $200.00 ��2 �� 0241.3510 Salva eFireH drant 024114 EA 1 52,500.00 52,500.00 � 3�� 3305.W03 6" Waterlinelowerin 3305]2 EA 2 34.600.00 $9,200.00 . 4�... 3305.0109 Trench5afe 330570 LF 981 $2.00 $1,962.00 �5�� 3331.00OSOuc[ilelronWaterFittlnsw/Aestralnt 331111 TON 7.39 57,250.00 $10,077.50 �� 6� �� 3313.0263 8" PVC Water Pi e, Select Backfill 33 1112 LF 742 $32.00 $23,744.00 �� 7�� 3312.0001 Fire H drant 33 12 40 EA 3 $5,750.00 j�7 250.00 � 8�� 3312ao03 I" WaterService 331210 EA 2 $2.200.00 y1,900.00 � 9 � � � 33 11 10 3311.0343 6" Wa[er Pi e, 5elect Backfili 331112 LF 104 328.00 52,972.00 �� 10�� 3312.2203 2" WaeetServke 33 32 70 EA 4 $2,500.00 $70,000.00 _..._. _. _..._._ ... 11 3312.3o03 8" Gate VaNe 33 12 20 EA 4 $3,000.00 $12,000.00 .__.______. __. 12 3?1Z.4�103 10" x 8" Ta in Sleeve & VaNe 33 12 25 EA 1 $2.500.00 $2,500.00 �� 13 �� 3312.3002 6" Gate VaNe 33 12 ZO EA 4 51,500.00 56,000.00 .......14.......... 33I1.02G1 S"PVC WaterPi e 7311 1? Lf �:12 530.00 522,260.OD ......15.........3311.01(IC°PVCWaterPi i31112 LP 104 525.00 $2.600.00 �� 16 �� 0231.1000 Rcmncc Conc Pmi� 02 91 Li SY 322 520.00 5644.00 ._._.._._.__._._.. 77 3213.01016"ConcP�mi 321313 SY J1? 530.00 $966.00 _.....t6___ $0.00 TOT � UNIT I: WAi I PROV M NTS $129215.50 UNTII:S NITA W RI P OV M T 1 3305.0109 Trench Safe 33 OS 30 LF 656 $2.00 $1,312.00 2� �� 3331.32016"SewerService 333150 EA 2 $7,250.00 $2,500.00 .... ......... 331110 3 33 3112 3331.43096"SewerPi e,CSSBackFlll 333120 lF 16 $50.00 5500.00 ........_._..... 33 7110 4 33 31 12 3331.4116 8" Sewer Pi e, 65 Backfill 33 31 ZO LF 70 $60.00 $600.00 331110 5 333112 3331.411� e" Sewer Pi e, Select Backfiil 33 3120 LF 262 560.00 $15,720.00 _.......s........ 33 39 30 3339.7�14'Manhole 333920 EA 7 35,500.00 538,500.00 7�� 3339.0001 E oK ManholeLiner 333960 VF 74 5425.00 $37,450.00 . . ............ 33 11 30 6 333112 3337.4209 12"Sewer Pi e, C55 Backfiil 33 3120 LF 30 573.00 52,790.00 ................. 331310 9 33 3112 3331.4210 12" Sewer Pi e, SeleR 8ackfill 33 31 20 LF 353 $76,12 �26,870.36 ................. 33 1110 10 33 3312 ..__..... _... _....... 1i37A710("Se��'erPiw,SekctllaeAfll 333120 LF 41 S 50.00 5 2,050.00 33 1110 11 33 3112 3331 A l 1 i 8" Sc��er Pi • 33 3120 I.P 262 560.00 315,720.00 ....' 2.... 73 39 10 3337.1ooz 4' lao-n [k w M,�neolc 73 3910 v� 74 5318.55 523,57270 � ��t3�� 333910 3339.IOo24'iho�Mnnttoic 333920 EA 1 $5,500.00 $5,500.00 t4 �� 3307.0101 Manhole Vacuum TesUng 33 Ot 30 Eq 8 5225.00 51,800.00 � � 3331A20812"SewerPipe 331170 15 33 37 12 LF 33 37 20 353 550.00 $77,650.00 �� t6 �� 3471 D�Ot Traffic Control �� t3 MO _..__..._._.. 1 52.760.95 $2780.95 , 7 �� 0241.tODO Remave Cant Pvmt 02 41 15 SY 67] 375.00 $1,015.50 � 18 �� 3273.0101 6" Conc Pvmt 32 13 13 SY 67.7 530.00 52,031.00 TOTAL UNIT II: ANI ARY SEWER IM RO EMENTS 5197,�62.51 Bid Summan� UNIT1: WATERIMPROVEMENTS SI?9-1550 UNfC II: SANITARY SEWER IMPROVEAIENTS 5191,7C2.i I UNIT If7: DMINAGE IMPORVEMENTS UNIT IV: PAVL�G [MPROVEAfENTS UNIT V: STREET L[GHTAG IM1IPROVEMEN'fS UNTT VI: TRAFFIC S[GNAL IMPROVEMENTS TOT CO ST 7. O I 5320.97R.01 This Bid is submitted by the entity named below: c BIDDER: BY: Reese Baez . Trilon GC, LlC 102 S. GoOad p108 . Rackwall,T%75087 TITLE:Presi ent ��`��- DATE: 5-Jan-22 [ontranor agrees to complete W ORK tor FINAL ACCEPTANCE within 60 working days after the date when the CONTRact mmmences io run as provided in the General fonditions. END OF SERION 4/30/234/30/23 01 78 39 - 1 PROJECT RECOEtD DOCUMENTS Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 103496. 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: Triton GC, LLC 102 S. Goliad Street, #111M Rockwall, TX 75087 THE STATE OF TEXAS COUNTY OF TARRANT By: Reese Baez �,,_—�---�- Signature: Title: President � 0 BEFORE ME, the undersigned authority, on this day personally appeared Reese Baez known to me to be the person whose name is subscribed to the foregaing instrument, and acknawledged to me that he/she executed the same as the act and deed of Triton GC, LLC for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN LJNDER MY HAND AND SEAL OF OFFICE this ��} day of J 0.�1 U R4�aa , 2022. ,� -- ._ qMAY p�/a APRII. HAGINS r° n Notary ID �128611064 � � My Commission Expires ''�'oF�' Aprii 8, 2025 � ° � Notary Public in an for the State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 THE CITADEL CITY PROJECT NO. ! 03496 working 005243-2 Developer Awarded Project Agreement Page 2 of 4 35 Article 4. CONTRACT PRICE 36 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 37 Documents an amount in current funds of three hundred twenty thousand, nine hundred seventy-eight and 38 O1/100 Dollars ($320,978.01). 39 Article 5. CONTRACT DOCUMENTS 40 5.1 CONTENTS: 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 A.The Contract Documents which comprise the entire agreement between Developer and Contractor concerning the Work consist of the following: ? 3. This Agreement. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalification Statement 3) State and Federal documents (project specific) b. Insurance ACORD Form(s) c. Payment Bond (DAP Version} d. Performance Bond (DAP Version) e. Maintenance Bond (DAP Version) f. Power of Attorney for the Bonds g. Worker's Compensation Affidavit h. MBE and/or SBE Commitment Form (If required) Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH THE CITADEL STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. l03496 Revised April 2, 2014 00 52 43 - 3 Developer Awarded Project Agreement Page 3 of 4 73 Article 6. INDEMNIFICATION �4 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specificallv intended to onerate and be effective even if it is alle�ed or proven that all or some of the dama�es beinE sou�ht were caused, in whole or in part, by any act, omission or ne�li�ence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and alt 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 onerate and be effective even if it is alleEed or proven that all or some of the dama�es bein� sou�ht were caused, in whole or in nart, bv anv act, omission or ne�li�ence of the citv. Article 7. MISCELLANEOUS 7.1 Terms. 94 95 96 7.2 97 98 99 7.3 100 101 102 103 7.4 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the Developer. Successors and Assigns. Developer and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. Severability. 104 Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable 105 by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall 106 continue to be valid and binding upon DEVELOPER and CONTRACTOR. 107 7.5 Governing Law and Venue. 108 This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue 109 shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, 110 Fort Worth Division. CITY OF FORT WORTH THE CITADEL STANDARD CONSTRUCT[ON SPECIPICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103496 Revised April 2, 2014 00 52 43 - 4 Developer Awarded Project Agreement Page 4 of 4 111 112 113 114 115 116 117 118 119 120 121 122 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date"). Contractor: Developer: -Tvi �an C-�.C, t,t,e, �,at�� . e . s: B: �ig`n ure (Signature) �,e�.Se_ �e2 �� (Printed Name) (Printed Name) Title: �Y��' � � Title: `�' ( CompanyName: �'vi,�n C`tC iLI,C. Company name: R�WinrYtt�.vk,InC . Address: Address: 1 Ca 2�. C�.ol i o: ri �.� I 1 I,� �-15 I'-�I 1 f.. �cVt. �ac,(�„� a.�i , T� "l5o�i S�►� 4--e. �l5 City/State/Zip: J��o��t 5, Z�z2 Date City/State/Zip: ��„� �p�� jy '�'�j � �� J anv a.�►� 5, 2o Z 2 Date CITY OF FORT WORTH THE CITADEL STANDARD CONSTRUCTtON SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103496 Revised April Z, 2014 �� Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission.Page 1 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLE ASE READ IT CAREFULL Y. CONTRACTORS ADDITIONAL I NSURED -AU TOMATIC STATU S AND AU TOMATI C W AI VER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRAC T,AGREEMENT, PERMIT OR AU THORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or Contractors - Automatic Status For Other Parties When Required In Written Contract Or Agreement With You 1. Section II - Who Is An Insured is amended to include as an additional in- sured any person or organization you have agreed in writing in a contract or agreement to add as an additional in- sured on this Coverage Part. Such per- son(s) or organization(s) is an additional insured only with respect to liability for: a."Bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the performance of your ongoing opera- tions by you or on your behalf, under that written contract or written agreement. Ongoing operations does not apply to "bodily injury" or "proper- ty damage" occurring after: (1)All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been completed; or (2)That portion of "your work" out of which the injury or damage aris- es has been put to its intended use by any person or organiza- tion other than another contrac- tor or subcontractor engaged in performing operations for a prin- cipal as a part of the same pro- ject; and b."Bodily injury" or "property damage" caused, in whole or in part, by "your work" performed under that written contract or written agreement and in cluded in the "products-completed operations hazard", but only if: (1)The Coverage Part to which this endorsement is attached pro- vides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard"; and (2)The written contract or written agreement requires you to pro- vide additional insured coverage included within the "products- completed operations hazard" for that person or organization. If the written contract or written agreement requires you to provide additional insured coverage included within the "products-completed oper- ations hazard" for a specified length of time for that person or organiza- tion, the "bodily injury" or "property damage" must occur prior to the ex- piration of that period of time in order for this insurance to apply. If the written contract or written agreement requires you to provide additional insured coverage for a person or organization per only ISO additional insured endorsement form number CG 20 10 , without specifying an edition date, and without specifi- cally requiring additional insured coverage included within the “prod- ucts-completed operations hazard”, this Paragraph b.does not apply to that person or organization. 2.If the written contract or written agree- ment described in Paragraph 1.above specifically requires you to provide addi- tional insured coverage to that person or organization: a.Arising out of your ongoing opera- tions or arising out of "your work"; or Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission.Page 2 of 3 b.By way of an edition of an ISO addi- tional insured endorsement that in- cludes arising out of your ongoing operations or arising out of "your work"; then the phrase caused, in whole or in part, b y in Paragraph A.1.a.and/or Para- graph A.1.b.above, whichever applies, is replaced by the phrase arising out of. 3.With respect to the insurance afforded to the additional insureds described in Para- graph A.1., the following additional exclu- sion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a.The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "prop- erty damage", or the offense which caused the "personal and advertising inju- ry", involved the rendering of, or the fail- ure to render, any professional architec- tural, engineering or surveying services. 4.This Paragraph A.does not apply to addi- tional insureds described in Paragraph B. B. Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdi- vision - Automatic Status When Required In Written Permits Or Authorizations 1. Section II - Who Is An Insured is amended to include as an additional in- sured any state or governmental agency or subdivision or political subdivision you have agreed in writing in a contract, agreement, permit or authorization to add as an additional insured on this Coverage Part. Such state or governmental agency or subdivision or political subdivision is an additional insured only with respect to op- erations performed by you or on your be- half for which the state or governmental agency or subdivision or political subdivi- sion issued, in writing, a contract, agree- ment, permit or authorization. 2.With respect to the insurance afforded to the additional insureds described in Para- graph B.1., the following additional exclu- sions apply: This insurance does not apply to: a."Bodily injury", "property damage" or "personal and advertising injury" aris- ing out of operations performed for the federal government, state or mu- nicipality; or b."Bodily injury" or "property damage" included within the "products- completed operations hazard." C.The insurance afforded to additional insureds described in Paragraphs A.and B.: 1.Only applies to the extent permitted by law; and 2.Will not be broader than that which you are required by the written contract, writ- ten agreement, written permit or written authorization to provide for such addition- al insured; and 3.Does not apply to any person, organiza- tion, state, governmental agency or sub- division or political subdivision specifically named as an additional insured for the same project in the schedule of an en- dorsement added to this Coverage Part. D.With respect to the insurance afforded to the additional insureds described in Paragraphs A.and B., the following is added to Section III - Limits Of Insurance : The most we will pay on behalf of the addi- tional insured is the amount of insurance: 1.Required by the written contract, written agreement, written permit or written au- thorization described in Paragraphs A. and B.; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. E. Section IV - Commercial General Liability Conditions is amended to add the following: Automatic Additional Insured Provision This insurance applies only if the "bodily inju- ry" or "property damage" occurs, or the "per- sonal and advertising injury" offense is com- mitted: 1.During the policy period; and Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission.Page 3 of 3 2.Subsequent to your execution of the writ- ten contract or written agreement, or the issuance of a written permit or written au- thorization, described in Paragraphs A. and B. F.Except when G.below applies, the following is added to Section IV - Commercial General Liability Conditions, 5. Other Insurance, and supersedes any provision to the contrary: When Other Additional Insured Coverage Applies On An Excess Basis This insurance is primary to other insurance available to the additional insured described in Paragraphs A.and B.except: 1.As otherwise provided in Section IV - Commercial General Liability Condi- tions, 5. Other Insurance , b. Excess In- surance; or 2.For any other valid and collectible insur- ance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is written on an excess basis. In such case, this insurance is also excess. G.The following is added to Section IV - Com- mercial General Liability Conditions, 5. Other Insurance,and supersedes any provi- sion to the contrary: Primary Insurance When Required By Writ- ten Contract, Agreement, Permit Or Au- thorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to any other insurance available to the additional insured described in Paragraphs A.and B.provided that: 1.The additional insured is a Named In- sured under such other insurance; and 2.You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A.or B.that this in- surance would be primary to any other in- surance available to the additional in- sured. As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. Primary And Noncontributory Insurance When Required By Written Contract, Agreement, Permit Or Authorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described in Paragraphs A.and B.provided that: 1.The additional insured is a Named In- sured under such other insurance; and 2.You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A.or B.that this in- surance would be primary and would not seek contribution from any other insur- ance available to the additional insured. As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. H. Section IV - Commercial General Liability Conditions, 9. Transfer Of Rights Of Re- covery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any additional insured under this en- dorsement against whom you have agreed to waive such right of recovery in a written con- tract, written agreement, written permit or writ- ten authorization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, written agreement, written permit or written authorization. However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. COMMERCIAL UMBRELLA - TABLE OF CONTENTS Coverage Part Provision: Begins on Page: Preamble.............................................................�--..............................---.......---.......---..............---.........................3 SECTIONI - COVERAGE :....................................................................................................................................3 AInsuring Agreement ..............................................................................................................................3 B. Exclusions :............................................................................................................................................4 1. Asbestos ..........................................................................................................................................4 2. Breach of Contract, Failure to Perform, Wrong Description and Violation of Another's Rights ............................................................................................................4 3. Contractual Liability ..........................................................................................................................4 4. Damage to Impaired Property or Property Not Physically Injured ...................................................4 5. Damage to Property .........................................................................................................................4 6. Damage to Your Product .................................................................................................................4 7. Damage to Your Work .....................................................................................................................4 8. Distribution of Material in Violation of Statutes ................................................................................5 9. Electronic Chatrooms or Bulletin Boards .........................................................................................5 10. Electronic Data ................................................................................................................................5 11. Employer'sLiabilityLimitation ..........................................................................................................5 12. Employment-Related Practices .......................................................................................................5 13. Expected or Intended Injury .............................................................................................................5 14. Falsity, Prior Publication, Criminal Act and Media and Internet Type Businesses ...........................6 15. Infringement of Copyright, Patent, Trademark or Trade Secret ......................................................6 16. Pollutant - Auto ................................................................................................................................6 17. Pollutant - Other Than Auto .............................................................�--.............................................7 18. Recall of Products, Work or Impaired Property ...............................................................................9 19. Unauthorized Use of Another's Name or Product ............................................................................9 20. Uninsured / Underinsured Motorist ..................................................................................................9 21. War ..................................................................................................................................................9 22. Workers' Compensation ..................................................................................................................9 C. Defense and Supplementary Payments ..............................................................................................9 SECTION II - WHO IS AN INSURED ..................................................................................................................10 SECTION III - LIMITS OF INSURANCE .............................................................................................�--.............11 SECTION IV - CONDITIONS : .............................................................................................................................12 1. Appeals .................................................................................................................................................12 2. Audit ......................................................................................................................................................13 3. Bankruptcy ............................................................................................................................................13 4. Duties in the Event of Occurrence, Claim or Suit ..................................................................................13 5. First Named Insured .............................................................................................................................13 6. Legal Action Against Us and Loss Payments .......................................................................................13 7. Liberalization .........................................................................................................................................14 8. Maintenance of Underlying Insurance ...................................................................................................14 9. Other Insurance .............................�--....................................................................................................14 10. Premium ................................................................................................................................................14 11. Representations .............................�--....................................................................................................14 12. Separation of Insureds ..........................................................................................................................14 13. Transfer of Rights of RecoveryAgainst Others to Us ...........................................................................15 14. When We Do Not Renew ......................................................................................................................15 SECTION V - DEFINITIONS :.............................................................................................�--..............................15 1. "Advertisement" .....................................................................................................................................15 2. "Authorized representative" ...................................................................................................................15 3. "Auto" ....................................................................................................................................................15 4. "Bodily injury ...........................................................................................................................................16 5. "Coverage term" ....................................................................................................................................16 6. "Coverage territory .................................................................................................................................16 Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 1 of 22 Coverage Part Provision: Begins on Page: 7. "Electronic data" .............................�--....................................................................................................16 8. "Employee" ............................................................................................................................................16 9. "Executiveofficer" .................................................................................................................................16 10. "Hostile fire" ...........................................................................................................................................16 11. "Impaired property„ ...............................................................................................................................16 12. "Insured contract" ..................................................................................................................................16 13. "Leased worker" .............................�--.......................................................................................---..........17 14. "Loading or unloading ............................................................................................................................17 15. "Mobile equipment" ...............................................................................................................................18 16. "Occurrence" .........................................................................................................................................18 17. "Personal and advertising injury' ...........................................................................................................18 18. "Pollutants" ............................................................................................................................................19 19. "Products-completed operations hazard" ..............................................................................................19 20. "Property damage" ................................................................................................................................19 21. "Subsidiary .............................................................................................................................................19 22. "SuiY' ......................................................................................................................................................19 23. 'Temporaryworker" ..............................................................................................................................20 24. "Ultimate net loss" .................................................................................................................................20 25. "Underlying insurance" ..........................................................................................................................20 26. "Underlying limit" ...................................................................................................................................20 27. "Workplace" ..........................................................................................................................................20 28. "Your product" .......................................................................................................................................20 29. "Your work" ...........................................................................................................................................20 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT ......................................................................21 Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 2 of 22 COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM Various provisions in this Coverage Part restrict this insurance. Read the entire Coverage Part carefully to determine rights, duties and what is and is not oovered. that the "personal and advertising in- jury' offense had been committed or had begun to be committed, in whole or in part. Throughout this Coverage Part the words 'you" and 'your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this Coverage Part. The words '\nre", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organiza- tion qualifying as such under SECTION II - WHO IS AN INSURED. Other words and phrases that appear in quotation marks have speaal meaning. Refer to SECTION V - DEFINITIONS. SECTION I - COVERAGE A. Insuring Agreement 1. We will pay on behalf of the insured the "ultimate net loss" which the insured is le- gally obligated to pay as damages for "bodily injury", "personal and advertising injury" or "property damage" to which this insurance applies: a. Which is in excess of the "underlying insurance"; or b. Which is either excluded or not in- sured by "underlying insurance". 2. This insurance applies to "bodily injury", "personal and advertising injury" or "prop- erty damage" only ifi a. The "bodily injury', "personal and ad- vertising injury' or "property damage" is caused by an "occurrence" that takes place in the "coverage territo- ry'; and b. The "bodily injury' or "property dam- age" occurs during the policy period shown in the Declarations; or c. The "personal and advertising injury' results from an "occurrence" that takes place during the policy period shown in the DeGarations; and d. Prior to the "coverage term" in which "bodily injury' or "property damage" occurs, or a"personal and advertis- ing injury' offense is committed, you did not know, per Paragraph 5. be- low, that the "bodily injury' or "proper- ty damage" had occurred or had be- gun to occur, in whole or in part, or 3. "Bodily injury" or "property damage" which: a. Occurs during the "coverage term"; and b. Was not, prior to the "coverage term", known by yr�u, per Paragraph 5. below, to have occurred; includes any continuation, change or re- sumption of that "bodily injury" or "proper- ty damage" after the end of the "coverage term" in which it first became known by you. 4. "Personal and advertising injury" caused by an offense which: a. Was committed during the "coverage term'; and b. Was not, prior to the "coverage term", known by yr�u, per Paragraph 5. below, to have been committed; includes any continuation, change or re- sumption of that "personal and advertising injury" offense after the end of the "cover- age term" in which it first became known by you. 5. You will be deemed to know that "bodily injury" or "property damage" has oc- curred, or that a"personal and advertising injury" offense has been committed at the earliest time when any "authorized repre- sentative": a. Reports all, or any part, of the "bodily injury", "personal and advertising inju- ry' or "property damage" to us or any other insurer; b. Receives a written or verbal demand or Gaim for damages because of the "bodily injury', "personal and advertis- ing injury' or "propertydamage"; c. First observes, or reasonably should have first observed, the "bodily injury' or "property damage", or the offense that caused the "personal and adver- tising injur�l'; d. Becomes aware, or reasonably should have become aware, by any means, other than as described in c. above, that "bodily injury' or "property Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 3 of 22 damage" had occurred or had begun to occur, or that the "personal and advertising injury" offense had been committed or had begun to be com- mitted; or e. Becomes aware, or reasonably should have become aware, of a condition from which "bodily injury', "personal and advertising injury" or "property damage" is substantially certain to occur. 6. The amount we will pay for damages is limited as described in SECTION III - LIM- ITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered, unless expressly provided for under SECTION I- COVERAGE, C. Defense and Supplemen- tary Payments. B. Exclusions This insurance does not apply to: 1. Asbestos Any liability arising out of, attributable to or any way related to asbestos in any form or transmitted in any manner. 2. Breach of Contract, Failure to Perform, Wrong Description and Violation of Another's Rights "Personal and advertising injur�!': a. Arising out of breach of contract, ex- cept an implied contract to use an- other's advertising idea in your "ad- vertisement' ; b. Arising out of the failure of goods, products or services to conform with any statement of quality or perfor- mance made in your "advertisemenY'; c. Arising out of the wrong description of the price of goods, products or services stated in your "advertise- ment"; or d. Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and adver- tising injury". 3. Contractual Liability 4 5 L 7 a. That the insured would have in the absence of the contract or agree- ment; or b. Assumed in a contract or agreement that is an "insured contracY', provided the "bodily injury', "personal and ad- vertising injury' or "property damage" occurs subsequent to the execution of the contract or agreement. Damage to Impaired Property or Prop- erty Not Physically Injured "Property damage" to "impaired property" or property that has not been physically in- jured, arising out of: a. A defect, defiaency, inadequacy or dangerous condition in "your product" or "yourwork"; or b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and acadental physical injury to "your product" or "your work" after it has been put to its intended use. Damage to Property "Property damage" to property owned by any insured, including any costs or ex- penses incurred by you, or any other per- son, organization or entity, for repair, re- placement, enhancement, restoration or maintenance of such property for any rea- son, including prevention of injury to a person or damage to another's property. Damage to Your Product "Property damage" to "your product" aris- ing out of it or any part of it. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations haz- ard". This exdusion does not apply if the dam- aged work or the work out of which the damage arises was performed on your behalf bya subcontractor. Any liability for which the insured is obli- $• Distribution of Material in Violation of gated to pay damages by reason of the Statutes assumption of liability in a contract or Any liability arising directly or indirectly out agreement. This exdusion does not apply of any action or omission that violates or to liability for "bodily injury", "personal and is alleged to violate: advertising injur�!' or "propertydamage": Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 4 of 22 a. The Telephone Consumer Protection Act (TCPA), including any amend- ment of or addition to such law; b. The CAN-SPAM Act of 2003, includ- ing any amendment of or addition to such law; or c. Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communi- cating or distribution of material or in- formation. 9. Electronic Chatrooms or Bulletin Boards "Personal and advertising injury' arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. 10. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "elec- tronic data". 11. Employer's Liability Limitation Any liability arising from any injury to: a. An "employee" of the insured sus- tained in the "workplace"; b. An "employee" of the insured arising out of the performance of duties re- lated to the conduct of the insured's business; or c. The spouse, child, parent, brother or sister of that "employee" as a conse- quence of a. or b. above. This exclusion applies: a. Whether the insured may be liable as an employer or in any other capacity, and b. To any obligation to share damages with or repay someone else who must pay damages because of the in- jury. This exclusion does not apply when such insurance is provided by valid and collect- ible "underlying insurance" listed in the Schedule of Underlying Insurance, or would have been provided by such listed "underlying insuranc�e" except for the ex- haustion by payment of claims of its limits of insurance, and then only for such haz- ards for which coverage is provided by such "underlying insurance", unless oth- erwise excluded bythis Coverage Part. 12. Employment-Related Practices Any liability arising from any injury to: a. A person arising out of any. (1) Refusal to employthat person; (2) Termination of that person's em- ployment; or (3) Other employment-related prac- tices, policies, acts or omissions including but not limited to coer- cion, critiasm, demotion, evalua- tion, failure to promote, reas- signment, disapline, defamation, harassment, humiliation or dis- crimination directed at that per- son; or b. The spouse, child, parent, brother or sister of that person as a conse- quence of any injury to that person at whom any of the employment-related practices described in Paragraphs (1), (2), or (3) above is directed. This exclusion applies: a. Whether the insured may be liable as an employer or in any other capacity, and b. To any obligation to share damages with or repay someone else who must pay damages because of the in- jury. 13. Expected or Intended Injury "Bodily injury' or "property damage" which may reasonably be expected to result from the intentional or criminal acts of the insured or which is in fact expected or in- tended by the insured, even if the injury or damage is of a different degree or type than actually intended or expected. However, this exdusion does not apply to: a. "Bodily injury" resulting from the use of reasonable force to protect per- sons or property; a- b. "Bodily injury" or "property damage" resulting from the use of reasonable force to prevent or eliminate danger in the operation of "autos" or water- craft. 14. Falsity, Prior Publication, Criminal Act and Media and Internet Type Busi- nesses "Personal and advertising injur�!': Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 5 of 22 a. Arising out of oral or written publica- tion of material, if done by or at the direction of the insured with knowledge of its falsity; b. Arising out of oral or written publica- tion of material whose first publication took place before the later of the fol- lowing: (1) The inception of this Coverage Part; or (2) The "coverage term" in which in- surance coverage is sought; c. Arising out of a criminal act commit- ted by or at the direction of the in- sured; or d. Committed by an insured whose business is: (1) Advertising, broadcasting, pub- lishing or telecasting; (2) Designing or determining content of web-sites for others; or (3) An Internet search, access, con- tent or service provider. However, Paragraph d. does not ap- ply to Paragraphs 17.a., b., c., d. and i, of "personal and advertising injury' under SECTION V- DEFINI- TIONS. For the purposes of Paragraph d., the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of ad- vertising, broadcasting, publishing or te lecasti n g. 15. Infringement of Copyright, Patent, Trademark or Trade Secret "Personal and advertising injury' arising out of the infringement of copyright, pa- tent, trademark, trade secret or other in- tellectual property rights. However, this exclusion does not apply to infringement in your "advertisemenY', of copyright, trade dress or slogan. 16. Pollutant -Auto (a) Being transported or towed by, handled, or handled for movement into, onto or from, an "auto" that an in- sured owns, hires, borrows, rents, leases, or that is op- erated on their behalf in any other fashion; (b) Otherwise in the course of transit by or on behalf of the insured; or (c) Being stored, disposed of, treated or processed in or upon an "auto" that an in- sured owns, hires, borrows, rents, leases, or that is op- erated on their behalf in any other fashion; (2) Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accept- ed by the insured for movement into or onto an "auto" that an in- sured owns, hires, borrows, rents, leases, or that is operated on their behalf in any other fash- ion; or (3) After the "pollutants" or any property in which the "pollutants" are contained are moved from an "auto" that an insured owns, hires, borrows, rents, leases, or that is operated on their behalf in any other fashion to the place where they are finally delivered, disposed of or abandoned by the insured. Paragraph (1) above does not apply to "bodily injury" or "property damage" arising from fuels, lubricants, or other operating fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of an "auto" that an in- sured owns, hires, borrows, rents, leases, or that is operated on their behalf in any other fashion or its parts, ifi (a) a. "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, emis- sion or escape of "pollutants": (1) That are, or that are contained in any property that is: Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. The "pollutants" escape, seep, migrate, or are discharged, dis- persed or released directly from an "auto" part designed by its manufacturer to hold, store, re- ceive or dispose of such "pollu- tants"; and Page 6 of 22 (b) The "bodily injury" or "property damage" does not arise out of the operation of any equipment listed in Paragraphs f.(2) and (3) of the definition of "mobile equipment". However, this exception to Paragraph (1) does not apply if the fuels, lubri- cants, or other operating fluids, ex- haust gases or other similar "pollu- tants" are intentionally discharged, dispersed, emitted or released. Paragraphs (2) and (3) above do not apply to an "occurrence" that occurs away from premises owned by or rented to an insured with respect to "pollutants" not in or upon an "auto" that an insured owns, hires, borrows, rents, leases, or that is operated on their behalf in any other fashion if: (a) The "pollutants" or any property in which the "pollutants" are con- tained are upset, overturned or damaged as a result of the maintenance or use of an "auto" that an insured owns, hires, bor- rows, rents, leases, or that is op- erated on their behalf in any oth- er fashion; and (b) The discharge, dispersal, seep- age, migration, release, emis- sion or escape of the "pollutants" is caused directly by such upset, overturn or damage. b. Any liability caused by "pollutants" and arising from the operation, maintenance, use, "loading or un- loading" of an "auto", for which insur- ance coverage is excluded by "under- lying insurance". 17. Pollutant - Other Than Auto a. "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, emis- sion or escape of "pollutants": (1) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, Paragraph a.(1) of this exclusion does not apply to the following if such liability is cov- ered by "underlying insurance" listed in the Schedule of Underly� ing Insurance, but only to the ex- tent insuranc�e is provided at the "underlying limit" specified in the Schedule of Underlying Insur- anc�e for the "underlying insur- anc�e" listed and subject to all its terms, limitations and conditions: (a) "Bodily injury', if sustained within a building and caused by smoke, fumes, vapor or soot produced by or origi- nating from equipment that is used to heat, cool or de- humidify the building, or equipment that is used to heat water for personal use by the building's occupants or their guests; (b) "Bodily injur�!' or "property damage" for which you may be held liable, if you are a contractor, and the owner or lessee of such premises, site or location has been added to your "underlying insuranc�e" as an additional insured with respect to your ongoing operations or "your work" performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that ad- ditional insured; or (c) "Bodily injur�!' or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (2) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, stor- age, disposal, processing or treatment of waste; (3) Which are or were at any time transported, handled, stored, treated, disposed of, or pro- cessed as waste by or for any insured or any person or organi- zation for whom you may be le- gally responsible; (4) At or from any premises, site or location on which any insured or any contractors or subcontrac- tors working directly or indirectly on any insured's behalf are per- forming operations, if the "pollu- tants" are brought on or to the Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 7 of 22 premises, site or location in con- nection with such operations by such insured, contractor or sub- contractor. However, Paragraph a.(4) of this exclusion does not apply to the following if such liability is cov- ered by "underlying insurance" listed in the Schedule of Underly� ing Insurance, but only to the ex- tent insuranc�e is provided at the "underlying limit" specified in the Schedule of Underlying Insur- anc�e for the "underlying insur- anc�e" listed and subject to all its terms, limitations and conditions: (a) "Bodily injur�!' or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to per- form the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equip- ment" or its parts, if such fuels, lubricants or other op- erating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not ap- ply if the "bodily injury" or "property damage" arises out of the intentional dis- charge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premis- es, site or location with the intent that they be dis- charged, dispersed or re- leased as part of the opera- tions being performed by such insured, contractor or subcontractor; (b) "Bodily injur�!' or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contrac- tor or subcontractor; or (c) "Bodily injur�!' or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (5) At or from any premises, site or location on which any insured or any contractors or subcontrac- tors working directly or indirectly on any insured's behalf are per- forming operations, if the opera- tions are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the ef- fects of, "pollutants". b. "Personal and advertising injury" aris- ing out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, escape or emission of "pollutants" at any time. c. Any loss, cost or expense arising out of any. (1) Request, demand, order or stat- utory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutral- ize, or in any way respond to, or assess the effects of, "pollu- tants' ; or (2) Claim or suit by or on behalf of a governmental authority for dam- ages because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxify� ing or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this Paragraph c. does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suiY' by or on behalf of a governmental authority. d. Any liability caused by "pollutants", for which insurance coverage is exclud- ed by "underlying insurance". 18. Recall of Products, Work or Impaired Property Any liability or damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, re- call, inspection, repair, replacement, ad- justment, removal or disposal of: a. "Your producY ; Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 8 of 22 b. "Your work"; or c. "Impaired Property'; if such product, work or property is with- drawn or recalled from the market or from use by any person or organization be- cause of a known or suspected defect, deficiency, inadequacy or dangerous con- dition in it. 19. Unauthorized Use of Another's Name or Product "Personal and advertising injury' arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag or any other similar tactics to mislead another's poten- tial customers. 20. Uninsured / Underinsured Motorist Any liability or obligation to any insured or anyone else under any uninsured motor- ist, underinsured motorist, automobile no- fault or first party personal injury law. 21. War Any liability, however caused, arising di- rectly or indirectly, out of: a. War, including undeclared or civil war; b. Warlike action by a military force, in- cluding action in hindering or defend- ing against an actual or expected at- tack by any government, sovereign or authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 22. Workers' Compensation Any liability or obligation of the insured under any workers' compensation, unem- ployment compensation, disability benefits or similar law. However, this exclusion does not apply to liability of others as- sumed by you under an "insured contracY' in existence at the time of "occurrence". C. Defense and Supplementary Payments 1. We will have the right and duty to defend the insured against any "suit" seeking damages because of "bodily injury", "per- sonal and advertising injury" or "property damage" to which this insuranc�e applies. We will have no duty to defend the in- sured against any "suit" seeking damages for "bodily injury', "personal and advertis- ing injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occur- rence" and settle any claim or "suiY' that may result when: a. The applicable limits of the "underly� ing insurance" and any other insur- ance have been exhausted by pay� ment of claims; or b. Damages are sought for "bodily inju- ry', "personal and advertising injury" or "property damage" which are not covered by "underlying insurance" or other insurance. 2. Our right and duty to defend ends when the applicable Limits of Insurance, as stated in the Declarations, has been ex- hausted by payment of claims. 3. We have no duty to investigate, settle or defend any claim or "suiY' other than those circumstances desa-ibed in Para- graph C.1. However, we do have the right to participate in the investigation, settle- ment or defense of any claim or "suiY' to which this insurance applies. If we exer- cise this right, we will do so at our ex- pense. 4. If there is no underlying insurer or other insurance obligated to do so, we will pay the following when we provide a defense: a. All expenses we incur. b. The cost of bail bonds up to $3,000. We do not have to furnish these bonds. c. The cost of bonds to appeal a judg- ment or award in any claim or "suit" we defend and the cost of bonds to release attachments, but only for bond amounts within the applicable Limits of Insurance. We do not have to furnish these bonds. d. Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including the ac�ual loss of earnings. e. All costs taxed against the insured in the "suiY'. 5. If there is no underlying insurer obligated to do so, we will pay the following for an "occurrence" to which this insuranc�e ap- plies, even if we have no duty to provide a defense: a. Prejudgment interest awarded against the insured on that part of the Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 9 of 22 judgment we become obligated to pay and which falls within the appli- cable Limit of Insurance. If we make an offer to pay the applicable Limits of Insurance, we will not pay any pre- judgment interest based on the peri- od of time after the offer. b. All interest awarded against the in- sured on the full amount of any judgment that accrues: (1) After entry of thejudgment; and (2) Before we have paid, offered to pay or deposited in court the part of the judgment that is within the applicable Limit of Insurance. 6. The payments described in Paragraphs 4. and 5. above will not reduce the Limits of Insuranc�e provided by this Coverage Part when defense or supplementary pay� ments provided by the "underlying insur- ance" do not reduce their Limits of Insur- ance. However, when defense or sup- plementary payments provided by the "underlying insurance" reduce their Limits of Insurance then such expense pay� ments paid by us will reduce the Limits of Insuranoe provided by this Coverage Part. 7. If we are prevented by law or otherwise from carrying out any of the provisions of SECTION I- COVERAGE, C. Defense and Supplementary Payments, we will pay any expense incurred with our written consent. SECTION II - WHO IS AN INSURED 1. Except for liability arising out of the ownership, maintenance, occupancy or use of an "auto": a. If you are designated in the Declarations as: (1) An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. (2) A partnership orjoint venture, you are an insured. Your members, partners and their spouses are also insureds, but only with respect to the conduct of your business. (3) A limited liability oompany, you are an insured. Your members are also in- sureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your man- agers. (4) An organization other than a partner- ship, joint venture, or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or direc- tors. Your stockholders are also in- sureds, but only with respect to their liability as stockholders. Each of the following is also a Named Insured: (a) Any "subsidiary" company of such organization, including any "subsidiary" of such "subsidiary": 1) Existing at the inception of this Coverage Part; or 2) Formed or acquired on or after the inception of this Coverage Part. (b) Any other company controlled and actively managed by such organization or any "subsidiar�!' thereof: 1) At the inception of this Cov- erage Part; or 2) If the control and active management thereof is ac- quired on or after the incep- tion of this Coverage Part. (5) A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trus- tees. b. Each of the following is also an insured: (1) Any "employee" of yours while acting within the sc�ope of their duties as such. (2) Any person or organization while act- ing as your real estate manager. (3) Any person or organization having proper temporary custody of your property if you die, but only: (a) With respect to liability arising out of the maintenance or use of that property; and (b) Until your legal representative has been appointed. (4) Your legal representative if you die, but only with respect to duties as such. 2. Only with respect to liability arising out of the ownership, maintenance, occupancy or use of an "auto": Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 10 of 22 a. You are an insured. b. Anyone else while using with your permis- sion an "auto" you own, hire or borrow is also an insured except: (1) The owner or any other person or or- ganization (except your "executive of- ficers" or principals) from whom you hire or borrow an "auto", unless such persons or organizations are in- sureds in your "underlying insuranc�e" listed in the Schedule of Underlying Insurance, and then only for such hazards for which coverage is pro- vided by such "underlying insurance". This exception does not apply if the "auto" is a trailer or semi-trailer con- nected to an "auto" you own. (2) Your "employee", if the "auto" is owned by that "employee" or a mem- ber of his or her household, unless: (a) Such "employee" is an insured with respect to that "auto" in the "underlying insurance" listed in the Schedule of Underlying In- surance, and then only for such hazards for which coverage is provided by such "underlying in- surance"; or (b) The "bodily injur�!' or "property damage" is sustained by a co- "employee" of such "employee". (3) Someone using an "auto" while he or she is working in a business of sell- ing, servicing, repairing, parking or storing "autos", unless that business is yours. provided for such additional insureds thereun- der. No person or organization is an insured with re- spect to the conduct of any current or past partner- ship, joint venture, or limited liability company that is not shown as a Named Insured in the Declara- tions. SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara- tions and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The Aggregate Limit is the most we will pay for all damages: (4) Anyone other than your "employees", partners (if you are a partnership), 3. members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while mov- ing property to or from an "auto". c. Anyone liable for the conduct of an in- sured described in Paragraphs 2.a. and b. above is also an insured, but only if they are provided insurance coverage for such liability by valid and collectible "underlying insurance" listed in the Schedule of Un- derlying Insurance and then only for such hazards for which coverage is provided by such "underlying insurance". 3. At your option and subject to the terms of this insurance, any additional insureds not ad- dressed by Paragraphs 1. and 2, above cov- ered in the "underlying insurance" listed in the Schedule of Underlying Insurance are also in- sureds, but only to the e�ent that insurance is a. Included in the "products-completed op- erations hazard"; b. Because of "bodily injury" by disease sus- tained by your "employees" arising out of and in the course of their employment by you; or c. Because of "bodily injury", "personal and advertising injury" or "property damage" not included within a. or b. above. How- ever, this Aggregate Limit will not apply to damages which are not subject to an Ag- gregate Limit in the "underlying insur- a n ce". The Aggregate Limit applies separately to a., b. and c. The Aggregate Limit described in c. will apply only to damages not subject to a. or b. above. Subject to the Limit of Insurance described in 2.c. above: a. Only in the event that "underlying insur- ance" specifically listed in the Schedule of Underlying Insurance provides an annual Aggregate Limit of Insurance for damages that would not be subject to 2.a. or b. above that is applicable separately to each: (1) Location owned by, or rented or leased to you solely with respect to damages which are the result of a claim or "suit" for "bodily injury" or "property damage" which can be at- tributed to operations at only a single location, then the Aggregate Limit described in 2.c. above applies sepa- rately to each location owned by, or rented or leased to you. Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 11 of 22 (2) Of your construction projects solely with respect to damages which are the result of a daim or "suiY' for "bodi- ly injury" or "property damage" which can be attributed only to ongoing op- erations and only at a single con- struction project, then the Aggregate Limit described in 2.c. above applies separately to each of your construc- tion projects. b. Only with respect to the application of Limits of Insurance described in 3.a. above, the following terms location and construction project will have the following meanings: (1) Location means premises involving the same or connecting lots, or prem- ises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. (2) Construction project means a loca- tion you do not own, rent or lease where ongoing improvements, altera- tions, installation, demolition or maintenance work is performed by you or on your behalf. All connected ongoing improvements, alterations, installation, demolition or mainte- nance work performed by you or on your behalf at the same location for the same persons or entities, no mat- ter how often or under how many dif- ferent contracts, will be deemed to be a single construction project. 4. Subject to the limits described in 2, and 3. above, the Each Occurrence Limit is the most we will pay for the "ultimate net loss": a. In excess of the applicable limits of "un- derlying insurance"; or b. If an "occurrence" is not covered by "un- derlying insurance", but covered by the terms and conditions of this Coverage Part, Because of all "bodily injury", "personal and advertising injury' and "property damage" aris- ing out of any one "occurrence". We will not pay more than the Limit of Insur- ance shown in this Coverage Part's Declara- tions for each "occurrence" because any Per- sonal Umbrella Liability Policy(ies) is / are at- tached to this policy. 5. Subject to the limits described in 2., 3. and 4. above and to the terms and conditions of the "underlying insurance": Coverage Part will continue in force as excess of the reduced "underlying insur- ance"; or b. If the limits of "underlying insurance" have been exhausted by payment of claims, this Coverage Part will continue in force as "underlying insurance". 6. The Limits of Insurance of this Coverage Part apply separately to each "coverage term". SECTION IV - CONDITIONS 1. Appeals If the insured or any insurer who provides the applicable "underlying insuranc�e" elects not to appeal a judgment which exceeds the "under- lying limit", we may elect to do so at our own expense. We shall be liable for the taxable costs and disbursements and interest inci- dental thereto, but in no event shall this provi- sion increase our liability beyond: a. Our applicable Limits of Insurance for all "ultimate net loss"; b. Our applicable Defense and Supplemen- tary Payments as described in SECTION I - COVERAGE, C. Defense and Supple- mentary Payments; and c. The expense of such appeal. 2. Audit If this Coverage Part is subject to Audit, as in- dicated in the Declarations, then the following Condition applies: a. The premium shown in the Premium Computation Endorsement as Advance Premium is a deposit premium. At the close of each audit period, we will com- pute the earned premium for that period. I f: (1) The earned premium is less than the deposit premium, we will return the excess to the first Named Insured; or (2) The earned premium is greater than the deposit premium, the difference will be due and payable to us by the first Named Insured upon notice from us. The due date for audit and retro- spective premiums is the date shown as the due date on the bill. However, in no event will the earned pre- mium be less than the Minimum Premium stated in the Premium Computation En- dorsement. „ „ b. The first Named Insured must keep rec- a. If the limits of underlying insurance have ords of the information we need for pre- been reduced by payment of claims, this Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 12 of 22 mium computation, and send us copies at such times as we may request. 3. Bankruptcy Bankruptcy or insolvency of the insured or the insured's estate shall not relieve us of any ob- ligations under this Coverage Part. 4. Duties in the Event of Occurrence, Claim or Suit a. You must see to it that we are notified as soon as practicable of an "occurrenc�e" which may result in a claim or "suiY'. To the e�ent possible, notice should include: (1) How, when and where the "occur- rence" took place; (2) The names and addresses of any in- jured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occur- rence". This requirement applies only when the "occurrence" is known to an "authorized representative". b. If a claim is made or "suit" is brought against any insured that is likelyto involve this Coverage Part, you must: (1) Immediately record the specifics of the claim or "suit" and the date re- ceived; and (2) Notiiy us as soon as practicable. This requirement will not be considered breached unless the breach occurs after such claim or "suiY' is known to an "au- thorized representative". c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or le- gal papers received in connection with the claim or "suiY ; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and assume any obligation, or incur any ex- pense, other than for first aid, without our consent. 5. First Named Insured The person or organization first named in the Declarations will act on behalf of all other in- sureds where indicated in this Coverage Part. 6. Legal Action Against Us and Loss Pay- ments a. No legal action may be brought against us unless there has been full compliance with all the terms of this Coverage Part nor until the amount of the insured's obli- gation to pay has been finally determined as provided below. No person or organi- zation has any right under this Coverage Part to bring us into any action to deter- mine the liability of the insured. b. We shall be liable for payment of the "ul- timate net loss" for any "occurrence" to which this Coverage Part applies: (1) For "occurrences" not covered by "underlying insurance"; or (2) In excess of the "underlying IimiY' ap- plicable to the "occurrenoe" only after the insurers who provide the applica- ble "underlying insurance" have paid or become obligated to pay the amount of the "underlying limit" appli- cable to the "occurrence". Our payment will be made following final determination of the amount of the in- sured's obligation to pay either by final judgment against the insured or by written agreement with the insured, the claimant, the underlying insurers and us. 7. Liberalization If, within 60 days prior to the beginning of this Coverage Part or during the policy period, we make any changes to any forms or endorse- ments of this Coverage Part for which there is currently no separate premium charge, and that change provides more coverage than this Coverage Part, the change will automatically apply to this Coverage Part at the latter of: a. The date we implemented the change in your state; or (4) Assist us, upon our request, in the enforcement of any right against any b. The date this Coverage Part became ef- person or organization which may be fective; and liable to the insured because of injury Will be considered as included until the end of or damage to which this insuranc�e the current policy period. We will make no ad- may also apply. ditional premium charge for this additional d. No insured will, except at that insured's coverage during the interim. own cost, voluntarily make a payment, Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 13 of 22 8. Maintenance of UndeHying Insurance a. While this Coverage Part is in effect, the insured shall maintain in force the "under- lying insurance" listed in the Schedule of Underlying Insurance as collectible insur- ance. The terms, conditions and en- dorsements of "underlying insurance" will not materially change and renewals or re- placements of "underlying insuranc�e" will not be more restrictive in coverage. b. Limits of "underlying insurance" will not be reduced, except for any reduction or ex- haustion in the aggregate limits of insur- ance due to payment of claims which are in accordance with SECTION I- COVER- AGE, A. Insuring Agreement, Paragraph 2. of this Coverage Part. c. In the event you fail or neglect to maintain "underlying insurance" as required, this Coverage Part will apply as though such "underlying insurance" was in force and collectible at the time a claim is presented to us which is in accordance with SEC- TION I- COVERAGE, A. Insuring Agreement, Paragraph 2, of this Cover- age Part. d. The limits of "underlying insurance" shall be deemed applicable, regardless of any defense which the insurer who provides the "underlying insurance" may assert be- cause of the insured's failure to comply with any Condition of the policy or the ina- bility of the insurer to pay by reason of bankruptcy or insolvency. 9. Otherinsurance This insurance is excess over, and shall not contribute with any other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insur- ance specifically written as excess over this Coverage Part. 10. Premium The premium for this Coverage Part shall be as stated in the Declarations. The advance and anniversary premiums are not subject to adjustment, except as stated in the Declara- tions, or as stated in an endorsement issued by us to form a part of this Coverage Part. You shall maintain records of such information as is necessary for premium computation, and shall, if requested by us, send copies of such records to us at the end of the "coverage term" and at such times during the policy period as we maydirect. 11. Representations a. By acceptance of this Coverage Part, you agree that the statements in the Declara- tions are your agreements and represen- tations, that this Coverage Part is issued in reliance upon the truth of such repre- sentations and that this Coverage Part embodies all agreements ewsting be- tween you and us or any of our agents re- lating to this insuranc�e. b. However, to the extent that the following applies in the "underlying insurance" listed specifically in the Schedule of Underlying Insuranc�e, it will also apply to this Cover- age Part: Based on our reliance upon your repre- sentations as to existing hazards, if unin- tentionally you should fail to disclose all such hazards at the inception date of this Coverage Part, we will not reject coverage under this Coverage Part based solely on such failure. 12. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named In- sured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suiY' is brought. 13. Transfer of Rights of Recovery Against Others to Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are trans- ferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suiY' or transfer those rights to us and help us enforce them. b. Any reooveries shall be applied as follows: (1) First, we will reimburse anyone, in- cluding the insured, the amounts ac- tually paid by them that were in ex- cess of our payments; (2) Next, we will be reimbursed to the ex- tent of our actual payment; and (3) Lastly, any amounts left after meeting the obligations outlined in (1) and (2) above will be distributed to anyone else known to us at the time a recov- ery is made and who is legally enti- tled to such recovery. Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 14 of 22 Expenses incurred in the recovery shall be apportioned among all interests in the ratio of their respective recoveries as fi- nally settled. If there is no recovery as a result of our attempts, we shall bear all of the recovery expenses. c. If prior to an "occurrence" to which this Coverage Part would apply, you and the issuer of your applicable "underlying in- surance" listed specifically in the Sched- ule of Underlying Insurance waive any right of recovery against a person or or- ganization for injury or damage, we will al- so waive any rights we may have against such person or organization. 14. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named In- sured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be suf- fiaent proof of notice. SECTION V - DEFINITIONS 1. "AdvertisemenY' means a notice that is broad- cast or published to the general public or spe- cific market segments about your goods, products or services for the purpose of attract- ing customers or supporters. "Advertisement" includes a publicity article. For the purposes of this definition: a. Notices that are published include materi- al placed on the Internet or on similar electronic means of communication; and b. Regarding wek�sites, only that part of a wef�site that is about your goods, prod- ucts or services for the purposes of at- tracting customers or supporters is con- sidered an "advertisement". 2. "Authorized representative" means: a. If you are: (1) An individual, you and your spouse are "authorized representatives". (2) A partnership or joint venture, your members, your partners, and their spouses are "authorized representa- tives". and directors are "authorized repre- sentatives". Provided you are not a publicly traded organization, your stockholders are also "authorized representatives". (5) A trust, your trustees are "authorized representatives". b. Your "employees" assigned to manage your insurance program, or assigned to give or receive notioe of an "occurrence", claim or "suiY' are also "authorized repre- sentatives". 3. "Auto" means: a. Any land motor vehicle, trailer or semi- trailer designed for travel on public roads; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or prinapallygaraged. "Auto" does not include "mobile equipmenY'. 4. "Bodily injury" means bodily harm or injury, sickness, disease, disability, humiliation, shock, fright, mental anguish or mental injury, including care, loss of services or death result- ing from any of these at any time. 5. "Coverage term" means the following individu- al increment, or if a multi-year policy period, increments, of time, which comprise the policy period of this Coverage Part: a. The year commencing on the Effective Date of this Coverage Part at 12:01 AM standard time at your mailing address shown in the Declarations, and if a multi- year policy period, each consecutive an- nual period thereafter, or portion thereof if any period is for a period of less than 12 months, constitute individual "coverage terms". The last "coverage term" ends at 12:00 AM standard time at your mailing address shown in the Declarations on the earlier ofi (1) The day the policy period shown in the Dedarations ends; or (2) The day the policy to which this Cov- erage Part is attached is terminated or cancelled. b. However, if after the issuanc�e of this Cov- (3) A limited liability company, your erage Part, any "coverage term" is ex- members and your managers are tended for an additional period of less authorized representatives . than 12 months, that additional period of (4) An organization other than a partner- time will be deemed to be part of the last ship, joint venture or limited liability preceding "coverage term". company, your "executive officers" g, "Coverage territory" means anywhere. Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 15 of 22 7. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications sofiware, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically con- trolled equipment. 8. "Employee" includes a "leased worker". "Em- ployee" does not include a"temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, b�laws or any similar governing document. 10. "Hostile fire" means one that becomes uncon- trollable or breaks out from where it was in- tended to be. 11. "Impaired propert�!' means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be de- fective, deficient, inadequate or danger- ous; or b. You have failed to fulfill the terms of a contract or agreement, if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your producY' or "your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "property dam- age" by fire or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, ex- cept in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in con- nection with work for a municipality, e. An elevator maintenance agreement; f. That part of any other contract or agree- ment pertaining to your business, other than a contract or agreement pertaining to the rental or lease of any "auto", (including an indemnification of a municipality in connection with work performed for a mu- nicipality) under which you assume the tort liability of another party to pay for "bodily injur�!', "property damage" or "per- sonal and advertising injury" to a third person or organization. Tort liability means a liability that would be imposed by law in the absenc�e of any contract or agreement; or g. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employees", of any "auto". However, such contract or agreement shall not be considered an "insured con- tract" to the e�ent that it obligates you or any of your "employees" to pay for "prop- erty damage" to any "auto" rented or leased by you or any of your "employees". Paragraphs f. and g, do not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury", "property damage" or "per- sonal and advertising injury" arising out of construction or demolition op- erations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing. How- ever, if such liability is insured by val- id and collectible "underlying insur- ance" as listed in the Schedule of Underlying Insurance, this Paragraph (1) shall not apply for such hazards for which insurance coverage is af- forded by such "underlying insur- ance' ; (2) That indemnifies an architect, engi- neer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, sur- veys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (3) Under which the insured, if an archi- tect, engineer or surveyor, assumes liability for injury or damage arising out of the insured's rendering or fail- ure to render professional services, Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 16 of 22 including those listed in Paragraph (2) above and supervisory, inspec- tion, architectural or engineering ac- tivities; (4) That indemnifies an advertising, pub- lic relations or media consulting firm for "personal and advertising injury' arising out of the planning, execution or failure to execute marketing com- munications programs. Marketing communications programs include but are not limited to comprehensive marketing campaigns; consumer, trade and corporate advertising for all media; media planning, buying, moni- toring and analysis; direct mail; pro- motion; sales materials; design; presentations; point-of-sale materials; market research; public relations and new product development; (5) Under which the insured, if an adver- tising, public relations or media con- sulting firm, assumes liability for "per- sonal and advertising injury" arising out of the insured's rendering or fail- ure to render professional services, including those services listed in Par- agraph (4), above; (6) That indemnifies a web-site designer or content provider, or Internet search, access, content or service provider for injury or damage arising out of the planning, execution or fail- ure to execute Internet services. In- ternet Services include but are not limited to design, production, distribu- tion, maintenance and administration of web-sites and web-banners; host- ing web-sites; registering domain names; registering with search en- gines; marketing analysis; and providing access to the Internet or other similar networks; (7) Under which the insured, if a web-site designer or content provider, or In- ternet search, access, content or ser- vice provider, assumes liability for in- jury or damage arising out of the in- sured's rendering or failure to render Internet services, including those listed in Paragraph (6), above; (8) That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or (9) That holds a person or organization engaged in the business of transport- ing property by "auto" for hire harm- less for your use of an "auto" over a route or territory that person or organ- ization is authorized to serve by pub- lic authority. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agree- ment between you and the labor leasing firm to perform duties related to the conduct of your business. "Leased worker" includes supervi- sors furnished to you by the labor leasing firm. "Leased worker" does not include a"tempo- rary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; a- c. While it is being moved from an aircraft, watera-aft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechan- ical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, dig- gers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and genera- tors, including spraying, welding, building cleaning, geophysical explo- ration, lighting and well-servicing equipment; or Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 17 of 22 (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not con- struction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and genera- tors, including spraying, welding, building cleaning, geophysical explo- ration, lighting and well servicing equipment. However, "mobile equipmenY' does not include any land vehicles that are subject to a compul- sory or financial responsibility law or other mo- tor vehicle insurance law in the state where it is licensed or principally garaged. Land vehi- cles subject to a compulsory or financial re- sponsibility law or other motor vehicle insur- ance law are considered "autos". 16. "Occurrence" means: a. An accident, including continuous or re- peated exposure to substantially the same general harmful conditions, that results in "bodily injury" or "property damage'; or b. An offense that results in "personal and advertising injury". All damages arising from the same acci- dent, continuous or repeated exposure to substantially the same general harmful conditions, act or offense shall be deemed to arise from one "occurrenc�e" regardless of: (1) The frequency of repetition; 17. "Personal and advertising injury" means injury, including "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. Abuse of process; d. The wrongful eviction from, wrongful entry into, or invasion of the right of private oc- cupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; e. Defamation of character, including oral or written publication, in any manner, of ma- terial that slanders or libels a person or organization or disparages a person's or organization's goods, products or ser- vices; f. Oral or written publication, in any manner, of material that violates a person's right of privacy; g. The use of another's advertising idea in your "advertisemenY; h. Infringing upon another's copyright, trade dress or slogan in your "advertisemenY'; or i. Discrimination, unless insurance cover- age therefor is prohibited by law or stat- ute. 18. "Pollutants" mean any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, petroleum, petroleum products and petroleum by-products, and waste. Waste in- cludes materials to be recycled, reconditioned or reclaimed. "Pollutants" include, but are not limited to, substances which are generally rec- ognized in industry or government to be harm- ful or toxic to persons, property or the envi- ronment regardless of whether the injury or damage is caused directly or indirectly by the "pollutants" and whether: a. The insured is regularly or otherwise en- gaged in activities which taint or degrade the environment; or b. The insured uses, generates or produces the "pollutant". 19. "Products-completed operations hazard": (2) The number or kind of inedia used; a, Includes all "bodily injury" and "property or damage" occurring away from premises (3) The number of claimants. you own or rent and arising out of "your product" or "y�our work" except: (1) Products that are still in your physical possession; or Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 18 of 22 (2) Work that has not yet been complet- ed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been complet- ed. (b) When all of the work to be done at the site has been completed, if your contract calls for work at more than one site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, mainte- nance, correction, repair or replace- ment, but which is otherwise com- plete, will be treated as completed. b. Does not include "bodily injury" or "proper- ty damage" arising out ofi (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or un- loading" of that vehicle by any in- sured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20. "Property damage" means: a. Physical injury to or destruction of tangible property including all resulting loss of use. All such loss of use shall be deemed to occur at the time of the physical injury or destruction that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 21. "Subsidiary" means any organization in which more than 50% of the outstanding securities or voting rights representing the present right to vote for election of directors is owned or con- trolled, directly or indirectly, in any combina- tion, by one or more of the Named Insureds. age" to which this insurance applies are al- leged. "SuiY' includes: a. An arbitration proceeding in which such money damages are claimed and to which the insured must submit or does submit with our consent; b. Any other alternative dispute resolution proceeding in which such money damag- es are claimed and to which the insured submits with our consent; or c. An appeal of a avil proceeding. 23. 'Temporary worker" means a person who is furnished to you to: a. Substitute for a permanent "employee" on leave; or b. Meet seasonal or short-term workload conditions. 24. "Ultimate net loss" means the sum actually paid or payable in the settlement or satisfac- tion of the insured's legal obligation for dam- ages, covered by this insurance, either by ad- judication or compromise. "Ultimate net loss" does not include Defense and Supplementary Payments as described in SECTION I- COV- ERAGE, C. Defense and Supplementary Payments of this Coverage Part. 25. "Underlying insurance" means the insurance listed in the Schedule of Underlying Insurance and the insurance available to the insured un- der all other insurance policies applicable to the "occurrence". "Underlying insurance" also includes any type of self-insurance or alterna- tive method by which the insured arranges for funding of legal liabilities that affords coverage that this Coverage Part covers. 26. "Underlying IimiY' means the total of the appli- cable limits of all "underlying insurance" less the amount, if any, by which the applicable lim- it of the applicable policy listed in the Schedule of Underlying Insurance has been reduced solely by payment of loss resulting from claims which are in accordance with SECTION I- COVERAGE, A. Insuring Agreement, Para- graph 2, of this Coverage Part. 27. "Workplace" means that place and during such hours to which the "employee" sustaining injury was assigned by you, or any other per- son or entity acting on your behalf, to work on the date of "occurrence". 28. "Your product": a. Means: 22. "SuiY' means a civil proceeding in which mon- (1) Any goods or products, other than real ey damages because of "bodily injury", "per- property, manufactured, sold, handled, sonal and advertising injury" or "property dam- distributed or disposed of by. Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 19 of 22 (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have ac- quired; and (2) Containers (other than vehicles), mate- rials, parts or equipment furnished in connection with such goods or prod- ucts. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your product; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 29. "Your work": a. Means: (1) Work or operations performed by you or on your behalfi and (2) Materials, parts or equipment fur- nished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work' ; and (2) The providing of or failure to provide warnings or instructions. Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 20 of 22 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE PART A. SECTION I- COVERAGE, B. Exclusions is modified to add the following: This insurance does not apply to: ries or possessions or Canada, this Exclusion c. applies only to "property damage" to such "nuclear facility" and any property thereat. 1. Any liability: a. With respect to which an insured un- der the policy is also an insured un- der a nuclear energy liability policy is- sued by Nuclear Energy Liability In- surance Association, Mutual Atomic Energy Liability Underwriters or Nu- clear Insurance Association of Cana- da, or any of their successors, or would be an insured under any such policy but for its termination upon ex- haustion of its limit of liability; or b. Resulting from the "hazardous prop- erties" of "nuclear material" and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the in- sured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organiza- tion. 2. Any liability resulting from the "hazardous properties" of "nuclear material", if a. The "nuclear material" (1) is at any "nuclear facility' owned by, or operat- ed by or on behalf of, an insured or (2) has been discharged or dispersed therefrom, b. The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, pro- cessed, stored, transported or dis- posed of by or on behalf of an in- sured; or c. The injury or damage arises out of the furnishing by an insured of ser- vices, materials, parts or equipment in connection with the planning, con- struction, maintenance, operation or use of any "nuclear facility", but if such facility is located within the United States of America, its territo- B. SECTION V- DEFINITIONS is hereby modi- fied to add the following definitions: 1. "Hazardous properties" include radioac- tive, toxic or explosive properties; 2. "Nuclear material" means "source materi- al", "speaal nuclear material" or "by- product material"; 3. "Source material", "special nuclear mate- rial" and "by-product material" have the meanings given them in the Atomic Ener- gy Act of 1954 or in any law amendatory thereof; 4. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor' ; 5. '1Naste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed pri- marily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two para- graphs of the definition of "nuclear facili- ty�. 6. "Nuclear facility" means: a. Any 'huclear reactor"; b. Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) pro- cessing or utilizing "spent fuel", (3) or handling, processing or packaging "waste"; c. Any equipment or device used for the processing, fabricating or alloying of "special nuclear materials", if at any time the total amount of such materi- al in the custody of the insured at the premises where such equipment or device is located consists of or con- tains more than 25 grams of plutoni- um or uranium 233 or any combina- Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 21 of 22 tion thereof, or more than 250 grams of uranium 235; d. Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations con- ducted on such site and all premises used for such operations; 7. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fis- sion in a self-supporting chain reaction or to contain a critical mass of fissionable material; 8. "Property damage" includes all forms of radioactive contamination of property. Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 22 of 22 Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 1 of 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS -CONTRACTORS'COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.Endorsement -Table of Contents: Coverage:Begins on Page: 1.Employee Benefit Liability Coverage .......................................................................................3 2.Unintentional Failure to Disclose Hazards ..............................................................................9 3.Damage to Premises Rented to You ........................................................................................9 4.Supplementary Payments ......................................................................................................10 5.Medical Payments ...................................................................................................................10 6.180 Day Coverage for Newly Formed or Acquired o rganizations .....................................10 7.Waiver of Subrogation ............................................................................................................11 8.Au tomatic Additional Insured -Specified Relationships:..................................................11 •Managers or Lessors of Premises; •Lessor of Leased Equipment; •Vendors; •State or Governmental Agency o r Subdivision or Political Subdivision -Permits o r Authorizations Relating to Premises; and •Mortgagee, Assignee o r Receiver 9.Property Damage to Borrowed Equipment ..........................................................................14 10.Employees as Insureds -Specified Health Care Services and Good Samaritan Services ...................................................................................................................................15 11.Broadened Notice of Occurrence ..........................................................................................15 12.Nonowned Aircraft ..................................................................................................................15 13.Bodily Injury Redefined ..........................................................................................................15 14.Expected or Intend ed Injury Redefined ................................................................................15 15.Former Employees as Insureds ............................................................................................15 16.Voluntary Pro perty Damage Coverage and Care, Custody or Control Liability Coverage ..................................................................................................................................16 17.Broadened Con tractual Liability -Work Within 50' of Railroad Property .........................17 18.Alienated Premises .................................................................................................................17 B.Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1.Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount:$1,000 3.Damage to Premises Rented to You The lesser of: a.The Each Occurrence Limit shown in the Declarations; or b.$500,000 unless otherwise stated $ 4.Supplementary Payments a.Bail Bonds:$2,500 Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 2 of 17 b.Loss of Earnings: $500 5.Medical Payments Medical Expense Limit:$10,000 9.Property Damage to Borrowed Equipment Each Occurrence Limit:$10,000 Deductible Amount:$250 16.Voluntary Property Damage Coverage (Coverage a.)And Care, Custody or Control Liability Coverage (Coverage b.) Limits o f Insurance Coverage a. $1,000 Each Occurrence $5,000 Aggregate Coverage b.$5,000 Each Occurrence unless otherwise stated $ Deductible Amount (Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS (a)Area (b)Payroll (c)Gross Sales (d)Units (e)Other RATE (For Limits in Excess of $5,000) ADVAN CE PREMIUM (For Limits in Excess of $5,000) b.Care, Custody or Control $ TOT AL ANNUAL PREMIUM $ Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 3 of 17 C.Coverages 1.Employee Benefit Liability Coverage a.The following is added to Section I - Coverages: Employee Benefit Liability Cover- age (1)Insuring Agr eement (a)We will pay those sums that the insured becomes legally obligated to pay as damag- es caused by any act, error or omission of the insured, or of any other person for whose acts the insured is legally liable, to which this insurance applies. W e will have the right and duty to defend the insured against any "suit"seeking those damages. However, we will have no duty to defend against any "suit"seeking damages to which this in- surance does not apply. We may,at our discretion, in- vestigate any report of an act, error or omission and settle any claim or "suit"that may result. But: 1)The amount we will pay for damages is limited as described in Section III -Limits of Insur- ance; and 2)Our right and duty to defend ends when we have used up the appli- cable limit of insurance in the payment of judg- ments or settlements. No other obligation or liabil- ity to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. (b)This insurance applies to damages only if the act, er- ror or omission, is negligent- ly committed in the "admin- istration"of your "employee benefit program"; and 1)Occurs during the policy period; or 2)Occurred prior to the "first effective date"of this endorsement pro- vided you did not have knowledge of a claim or "suit"on or before the "first effective date"of this endorsement. You will be deemed to have knowledge of a claim or "suit"when any "authorized representa- tive"; a)Reports all, or any part, of the act, er- ror or omission to us or any other in- surer; b)Receives a written or verbal demand or claim for dam- ages because of the act, error or omission. (2)Exclusions This insurance does not apply to: (a)Bodily Injury, Prop erty Damage or Personal and Advertising Injury "Bodily injury", "property damage"or "personal and advertising injury". (b)Dishonest,Fraudulent, Criminal or Malicious Act Damages arising out of any intentional, dishonest, fraudulent, criminal or mali- cious act, error or omission, committed by any insured, including the willful or reck- less violation of any statute. (c)Failure to Perform a Con- tract Damages arising out of fail- ure of performance of con- tract by an y insurer. (d)Insufficiency of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the "employee benefit program". Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 4 of 17 (e)Inadequacy of Perfo r- mance of Invest- ment/Advice Given With Respect to Participation Any claim based upon: 1)Failure of any invest- ment to perform ; 2)Errors in providing in- form ation on past per- form ance of investment vehicles; or 3)Advice given to any person with respect to that person's decision to participate or not to par- ticipate in any plan in- cluded in the "employee benefit program". (f)Workers'Compensation and Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers'compensation,u n- employment compensation insurance, social security or disability benefits law or any similar law. (g)ERISA Damages for which any in- sured is liable because of li- ability imposed on a fiduci- ary by the Employee Re- tirement Income Security Act of 1974, as now or hereafter amended,or by any s imilar federal, state or local laws. (h)Available Benefits Any claim for benefits to the extent that such benefits are available, with reasonable effort and cooperation of the insured,from the applicable funds accrued or other col- lectible insurance. (i)Taxes,Fines or Penalties Taxes, fines or penalties, in- cluding those imposed un- der the Internal Revenue Code or any similar state or local law. (j)Employment-Related Prac- tices Any liability arising out of any: (1)Refusal to employ; (2)Termination of employ- ment; (3)Coercion, demotion, evaluation, reassign- ment, discipline,defa- mation, harassment, humiliation, discrimina- tion or other employ- ment -related practices, acts or omissions; or (4)Consequential liability as a result of (1), (2) or (3)above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the in- j ury. (3)Supplementary Payments Section I -Coverages, Sup- plementary Payments -Cover- ages A and B also apply to this Coverage. b.Who Is An Insured As respects Employee Benefit Lia- bility Coverage, Section II -Who is an Insured is replaced by the follow- ing: (1)If you are designated in the De c- larations as: (a)An individual,you and your spouse are insureds, but on- ly with respect to the con- duct of a business of which you are the sole owner. (b)A partnership or joint ven- ture, you are an insured. Your members, your part- ners,and their spouses are also insureds but only with respect to the conduct of your business. (c)A limited liability company, you are an insured. Your Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 5 of 17 members are also insureds, but only with respect to the conduct of your business. Your managers are in- sureds, but only with respect to their duties as your man- agers. (d)An organization other than a partnership, joint venture or limited liability company,you are an insured . Your "execu- tive officers"and directors are insureds,but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with re- spect to their liability as stockholders. (e)A trust, you are an insured. Your trustees are also in- sureds, but only with respect to their duties as trustees. (2)Each of the following is also an insured: (a)Each of your "employees" who is or was authorized to administer your "employee benefit program"; (b)Any persons,organizations or "employees"having prop- er temporary authorization to administer your "employ- ee benefit program"if you die, but only until your legal representative is appointed; or (c)Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and duties under this Coverage Part. (3)Any organization you newly a c- quire or form, other than a part- nership,joint venture or limited liability company, and over which you maintain ownership or major- ity interest, will qualify as a Named Insured if no other similar insurance applies to that organi- zation. However,coverage under this provision: (a)Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b)Does not apply to any act, error or omission that was committed before you ac- quired or formed the organi- zation. c.Limits of Insurance As respects Employee Benefit Lia- bility Coverage, Section III -Limits of Insurance is replaced by the fol- lowing: (1)The Limits of Insurance shown in Section B. Limits of Insurance, 1.Employee Benefit Liability Coverage and the rules below fix the most we will pay regardless of the number of: (a)Insureds; (b)Claims made or "suits" brought; (c)Persons or organizations making claims or bringing "suits"; (d)Acts, errors or omissions; or (e)Benefits included in your "employee benefit program". (2)The Aggregate Limit shown in Section B.Limits of Insurance, 1.Employee Benefit Liability Coverage of this endorsement is the most we will pay for all dam- ages because of acts, errors or omissions negligently committed in the "administration"of your "employee benefit program ". (3)Subject to the limit described in (2)above, the Each Employee Limit shown in Section B.Limits of Insurance, 1.Employee Benefit Liability Coverage of this endorsement is the most we will pay for all d amages sus- tained by any one "employee", including damages sustained by such "employee's"dependents and beneficiaries, as a result of: (a)An act, error or omission; or (b)A series of related acts, er- rors or omissions,regard- less of the amount of time that lapses between such acts, errors or omissions; Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 6 of 17 negligently committed in the "administration"of your "employ- ee benefit program". However, the amount paid under this endorsement shall not ex- ceed, and will be subject to the limits and restrictions that apply to the pa ym ent of benefits in any plan included in the "employee benefit program." (4)Deductible Amoun t (a)Our obligation to pay dam- ages on behalf of the in- sured applies only to the amount of damages in ex- cess of the Deductible Amount stated in the Decla- rations as applicable to Each Employee. The limits of insurance shall not be re- duced by the amount of this deductible. (b)The Deductible Amount stated in the Declarations applies to all damages sus- tained by any one "employ- ee", including such "employ- ee's"dependents and bene- ficiaries, because of all acts, errors or omissions to which this insurance applies. (c)The terms of this insurance, including those with respect to: 1)Our right and duty to defend the insured against any "suits" seeking those dam ag- es; and 2)Your duties, and the du- ties of any other in- volved insured, in the event of an act,error or omission, or claim; apply irrespective of the ap- plication of the Deductible Amount. (d)We may pay any part or all of the Deductible Amount to effect settlement of any claim or "suit"and, upon no- tification of the action taken, you shall promptly rei m- burse us for such part of the Deductible Amount as we have paid. d.Additional Conditions As respects Employee Benefit Lia- bility Coverage, Section IV -Com- mercial General Liability Condi- tions is amended as follows: (1)Item 2.Duties in the Event of Occurrence,Offense, Claim o r Suit is replaced by the following: 2.Duties in the Event of An Act, Error or Omission, or Claim o r Suit a.You must see to it that we are notified as soon as practicable of an act, error or omission which may result in a claim. To the extent possible, notice should include: (1)What the act, error or omission was and when it oc- curred; and (2)The names and addresses of any- one who may suf- fer damages as a result of the act, error or omission. 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 no- tice of the claim or "suit" as soon as practicable. c.You and any other in- volved insured must: (1)Immediately send us copies of any demands, notices, summonses or le- gal papers re- ceived in connec- tion with the claim or "suit"; Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 7 of 17 (2)Authorize us to ob- tain records and other information; (3)Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4)Assist us, upon our request,in the en- forcement of any right against any person or organi- zation which may be liable to the in- sured because of an act, error or omission to which this insurance may also apply. d.No insured will, except at that insured's own cost, voluntarily make a payment,assume any obligation, or incur any expense without our consent. (2)Item 5.Oth er Insurance is re- placed by the following: 5.Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a.Primary Insurance This insurance is prima- ry except when c.below applies. If this insurance is primary,our obliga- tions are not affected unless any of the other insurance is also prima- ry. Then, we will share with all that other insur- ance by the method de- scribed in b.below. b.Method of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this meth- od also. Under this a p- proach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not permit contribution b y equal shares, we will contrib- ute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insur- ers. c.Excess Insurance This insurance is ex- cess over any of the other insurance,wheth- er primary,excess, con- tingent or on any other basis that is insurance purchased by you to coverage damages for acts, errors or omis- sions that occurred prior to the "first effective date". e.Additional Definitions As respects Employee Benefit Lia- bility Coverage, Section V -Defini- tions is amended as follows: (1)The following definitions are added: 1."Administration"means: a.Providing information to "employees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs"; b.Interpreting the "em- ployee benefit pro- grams"; c.Handling records in connection with the "employee benefit pro- grams"; or d.Effecting, continuing or terminating any "em- ployee's"participation in Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 8 of 17 any benefit included in the "employee benefit program". However, "administration" does not include: a.Handling payroll dedu c- tions; or b.The failure to effect or maintain any insurance or adequate limits of coverage of insurance, including but not limited to unemployment insur- ance, social security benefits,workers'com- pensation and disability benefits. 2."Cafeteria plans"means plans authorized by applica- ble law to allow "employees" to elect to pay for certain benefits with pre-tax dollars. 3."Employee benefit pro- grams"means a program providing some of all of the following benefits to "em- ployees", whether provided through a "cafeteria plan"or otherwise: a.Group life insurance; group accident or health insurance; dental, vision and hearing plans; and flexible spending ac- counts; provided that no one other than an "em- ployee"may subscribe to such benefits and such benefits are made generally available to those "employees"who satisfy the plan's eligibil- ity requirements; b.Profit sharing plans, em ployee savings plans, employee stock ownership plans, pen- sion plans and stock subscription plans, pro- vided that no one other than an "employee" may subscribe to such benefits and such bene- fits are made generally available to all "em ploy- ees"who are eligible under the plan for such benefits; c.Unemployment insur- ance, social security benefits, workers'com- pensation and disability benefits; and d.Vacation plans,includ- ing buy and sell pro- grams; leave of ab- sence programs, inclu d- ing military, m aternity, family,and civil leave; tuition assistance plans; transportation and health club subsidies. 4."First effective date"means the date upon which cover- age was first effected in a series of uninterrupted re- newals of insurance cover- age. (2)The following definitions are d e- leted in their entirety and re- placed by the following: 8."Employee "means a person actively employed, formerly employed, on leave of ab- sence or disabled, or retired. "Employee "includes a "leased worker". "Employee" does not include a "tempo- rary worker". 21."Suit"means a civil proceed- ing in which money damag- es because of an act,error or omission to which this in- surance applies are alleged. "Suit"includes: a.An arbitration proceed- ing in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; b.Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the in- sured submits with our consent; or c.An appeal of a civil pro- ceeding. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 9 of 17 2.Unintentional Failure to Disclose Ha z- ards Section IV -Commercial General Liabil- ity Conditions, 7.Representations is amended by the addition of the following: Based on our dependence upon your rep- resentations as to existing hazards,if un- intentionally you should fail to disclose all such hazards at the inception date of your policy,we will not reject coverage under this Coverage Part based solely on such failure. 3.Damage to Premises Rented to You a.The last Paragraph of 2. Exclusions under Section I -Coverage A -Bod- ily Injury and Property Damage Li- ability is replaced by the following: Exclusions c.through q.do not apply to "property damage"by fire, explo- sion,lightning, smoke or soot to premises while rented to you or te m- porarily occupied by you with permis- sion of the owner,for which the amount we will pay is limited to the Damage to Premises Rented to You Limit as described in Section III -Limits of Insurance. b.The insurance provided under Sec- tion I -Coverage A -Bodily Injury and Property Damage Liability ap- plies to "property damage"arising out of water damage to premises that are both rented to and occupied by you. (1)As respects W ater Damage L e- gal Liability,as provided in Para- graph 3.b.above: The exclusions under Section I - Coverage A -Bodily Injury and Property Damage Liability,2. Exclusions, other than i. War and the Nuclear Energy Liabil- ity Exclusion (Broad Form),are deleted and the follo wing are added: This insurance does not apply to: (a)"Property damage": (i)Assumed in any con- tract or agreement; or (ii)Caused by or resulting from any of the follow- ing: 1)Wear and tear; 2)Rust or other cor- rosion,decay,de- terioration, hidden or latent defect or any quality in property that caus- es it to damage or destroy itself; 3)Smog; 4)Mechanical break- down,including rupture or bursting caused by centrif- ugal force; 5)Settling,cracking, shrinking or ex- pansion; 6)Nesting or infesta- tion, or discharge or release of waste products or secre- tions, b y insects, birds,rodents or other animals; or 7)Presence, growth, proliferation, spread or any ac- tivity of fungus,in- cluding m old or mildew, and any mycotoxins, spores, scents or byproducts pro- duced or released by fungi. (b)"Property damage"caused directly or indirectly by any of the follo wing: (i)Earthquake, volcanic eruption, landslide or any other earth move- ment; (ii)Water that backs up or overflows or is other- wise discharged from a sewer,drain,sump, sump pump or related equipment; (iii)Water under the ground surface pressing on,or flowing or seeping through: 1)Foundations, walls, floors or paved surfaces; Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 10 of 17 2)Basements, whether paved or not; or 3)Doors,windows or other openings. (c)"Property damage"caused by or resulting from water that leaks or flows from plumbing,heating, air condi- tioning, fire protection sys- tems,or other equipment, caused by or resulting from freezing, unless: (i)You did your best to maintain heat in the building or structure; or (ii)You drained the equip- ment and shut off the water supply if the heat was not maintained. (d)"Property damage"to: (i)Plumbing,heating,air conditioning,fire protec- tion systems,or other equipment or applianc- es; or (ii)The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c.Limit of Insurance With respect to the insurance afford- ed in Paragraphs 3.a. and 3.b.above, the Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (1)Paragraph 6. of Section III - Limits of Insurance is replaced by the follo wing: 6.Subject to Paragraph 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A -Bodily Injury and Prop erty Da m- age Liability for damages because of "property da m- age"to any one premises: a.W hile rented to you,or temporarily occupied by you with permission of the owner; b.In the case of damage by fire, explosion,light- ning,sm oke or soot, while rented to you; or c.In the case of damage by water, while rented to and occupied by you. (2)The most we will pay is lim ited as described in Section B.Limits of Insurance, 3.Damage to Prem- ises Ren ted to You of this en- dorsement. 4.Supplementary Payments Under Section I -Supplementary Pay- ments -Coverages A and B: a.Paragraph 2.is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a.Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. W e do not have to furnish these bonds. b.Paragraph 4.is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Sec- tion B.Limits of Insurance, 4.b. Loss Of Earnings of this endorsement per day because of time off from work. 5.Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insu rance,5.Medical Pa y- ments of this endorsement. 6.180 Day Co verage for Newly F ormed or Acquired Organizations Section II -Who is an Insured is amended as follows: Subparagraph a.of Paragraph 3.is re- placed by the following: Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 11 of 17 a.Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 7.Waiver of Subrogation Section IV -Commercial General Liabil- ity Co nditions, 9.Transfer of Rights of Recovery Against Others to us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operatio ns or "your work " done under a written contract or agree- ment with that person or organization and included in the "products-completed oper- ations hazard". However, our rights may only be waived prior to the "occurrence " giving rise to the injury or damage for which we make payment under this Cov- erage Part. The insured m ust do nothing after a loss to impair our rights. At our re- quest, the insured will bring "suit"or trans- fer those rights to us and help us enforce those rights. 8.Au tomatic Additional Insured -Speci- fied Relationships a.The following is added to Section II - Who is an Insured: (1)Any person(s)or organization(s) described in Paragraph 8.a.(2)of this endorsement (hereinafter re- ferred to as additional insured) whom you are required to add as an additional insured under this Coverage Part by reason of a written contract,written agree- ment, written permit or written authorization. (2)Only the following persons or or- ganizations are additional in- sureds under this endorsement, and insurance coverage provided to such add itional insureds is lim- ited as provided herein: (a)Managers o r Lessors of Premises The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 8.a.(1)of this e n- dorsement to provide insu r- ance, but only with respect to liability arising out of the ownership, maintenance or use of that part of the prem- ises leased to you,subject to the following additional exclusions: This insurance does not ap- ply to: (i)Any "occurrence"which takes place after you cease to be a tenant in that premises; (ii)Structural alterations, new construction or demolition operations performed by or on be- half of such additional insured. (b)Lessor of Leased Equip- ment Any person or organization from whom you lease equipment when you and such person(s) or organiza- tion(s) have agreed per Par- agraph 8.a.(1)of this e n- dorsement to provide i nsur- ance. Such person(s) or o r- ganization(s) are insureds only with respect to liability for "bodily injury", "property damage"or "personal and advertising injury"caused, in whole or in part,by your maintenance, operation or use of equipment leased to you by such person(s) or o r- ganization(s).A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends.However, this insurance does not ap- ply to any "occurrence" which takes place after the equipment lease expires. (c)Vendors Any person or organization (referred to below as ven- dor) with whom you have agreed per Paragraph 8.a.(1)of this endorsement to provide insurance, but on- ly with respect to "bodily in- jury"or "property damage" Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 12 of 17 arising out of "your products " which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (i)The insurance afforded the vendor does not apply to: 1)"Bodily injury"or "property damage" for which the ven- dor is obligated to pay damages by reason of the as- sumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2)Any express war- ranty unauthorized by you; 3)Any physical or chemical change in the product made intentionally b y the vendor; 4)Repackaging,ex- cept when un- packed solely for the purpose of in- spection, demon- stration,testing, or the substitution of parts under in- structions from the manufacturer, and then repackaged in the original con- tainer; 5)Any failure to make such inspections, adjustments , tests or servicing as the vendor has agreed to make or normal- ly undertakes to make in the usual course of busi- ness, in connection with the distribution or sale of the products; 6)Demonstration,in- stallation, servicing or repair opera- tions, except such operations per- formed at the ven- dor's premises in connection with the sale of the product; 7)Products which, af- ter distribution or sale by you, have been labeled or re- labeled or used as a container,part or ingredient of any other thing or sub- stance by or for the vendor; or 8)"Bodily injury"or "property damage" arising out of the sole negligence of the vendor for its own acts or omis- sions or those of its employees or anyone else acting on its behalf.How- ever,this exclusion does not apply to: a)The excep- tions contained in Paragraphs (c) (i) 4) or 6) of this en- dorsement;or b)Such inspec- tions, adjus t- ments, tests or servicing as the vendor has agreed to make or nor- mally under- takes to make in the usual course of business, in connection with the distri- bution or sale of the prod- ucts. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 13 of 17 (ii)This insurance does not apply to any insured person or organization: 1)From whom you have acquired such products,or any ingredient, part or container, enter- ing into, accompa- nying or containing such products; or 2)When liability in- cluded within the "products- completed opera- tions hazard"has been excluded un- der this Coverage Part with respect to such products. (d)State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Relating to Premises Any state or governmental agency or subdivision or po- litical subdivision with which you have agreed per Para- graph 8.a.(1)of this en- dorsement to provide insu r- ance, subject to the follow- ing additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political sub- division has issued a permit or authorization in conne c- tion with premises you own, rent or control and to which this insurance applies: (i)The existence, mainte- nance, repair,construc- tion, erection or removal of advertising s igns, awnings, canopies, cel- lar entrances, coal holes, driveways, man- holes, marquees, hoist away openings,side- walk vaults,street ban- ners or decorations and similar exposures; or (ii)The construction, erec- tion or removal of eleva- tors; or (iii)The ownership, mainte- nance or use of any el- evators covered by this insurance. (e)Mortgagee, Assignee or Receiver Any person or organization with whom you have agreed per Paragraph 8.a.(1) of this endorsement to provide in- surance, but only with re- spect to their liability as mortgagee, assignee, or re- ceiver and arising out of the ownership, maintenance,or use of the premises by you. However, this insurance does not apply to structural alterations, new construction and demolition operations performed by or for that per- son or organization. (3)The insurance afforded to addi- tional insureds described in Par- agraph 8.a.(1)of this endorse- ment: (a)Only applies to the extent permitted by law; and (b)Will not be broader than that which you are required by the written contract,written agreement, written permit or written authorization to pro- vide for such additional in- sured; and (c)Does not apply to any per- son, organization,vendor, state, governmental agency or subdivision or political subdivision,specifically named as an additional in- sured under any other provi- sion of, or endorsement added to, this Coverage Part, provided such other provision or endorsement covers the injury or damage for which this insurance a p- plies. b.With respect to the insurance afford- ed to the additional insureds de- scribed in Paragraph 8.a.(1)of this endorsement, the following is added to Section III -Limits of Insurance: The most we will pay on b ehalf of the additional insured is the am ount of in- surance: Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 14 of 17 (1)Required by the written contract, written agreement, written permit or written authorization described in Paragraph 8.a.(1)of this en- dorsement; 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. c.Section IV -Commercial General Liability Conditions is amended to include the following: Automatic Additional Insured Pro- vision This insurance applies only if the "bodily injury"or "property damage" occurs, or the "personal and advertis- ing injury"offense is committed: (1)During the policy period; and (2)Subsequent to your execution of the written contract or written agreement, or the issuance of a written permit or written authori- zation,described in Paragraph 8.a.(1). d.Section IV -Commercial General Liability Conditions is amended as follows: Condition 5. Other Insurance is amended to include: Primary and Noncon tributory In- surance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured per Paragraph 8.a.(1)of this endorsement provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract,agreement, permit or authorization described in 8.a.(2) of this endorsement that this in- surance would be primary and would not seek contribution from any other insurance available to the additional insured. 9.Property Damage to Borrow ed Equip- ment a.The following is added to Exclusion 2.j.Damage to Pro perty under Sec- tion I -Coverage A -Bodily Injury and Property Damage Liab ility: Paragraphs (3)and (4)of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform operations at the time of loss. b.With respect to the insurance provid- ed by this section of the endorse- ment, the following additional provi- sions apply: (1)The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B.Limits of Insurance, 9. Property Damage to Borrowed Equipment of this endorsement with respect to coverage provid- ed b y this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B.Limits of Insurance, 9.Prop erty Damage to Borrowed Equipment of this endorsement fix the most we will pay in any one "occurrence"re- gardless of the number of: (a)Insureds; (b)Claims made or "suits" brought; or (c)Persons or organizations making claims or bringing "suits". (2)Deductible Clause (a)Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount stated in Section B.Limits of Insu r- ance, 9.Property Damage to Borrow ed Equipment of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (b)Section IV -Commercial General Liability Con di- tions,2. Du ties in the Event of Occurrence, o f- Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 15 of 17 fense,Claim o r Suit,ap- plies to each claim or "suit" irrespective of the amount. (c)We may pay any part or all of the deductible amount to effect settlement of any claim or "suit"and, upon no- tification of the action taken, you shall promptly rei m- burse us for such part of the deductible amount as has been paid by us. 10.Employees as Insureds -Specified Health Care Services and Good Sama r- itan Services Paragraph 2.a.(1)(d)under Section II - Who is an Insured does not apply to: a.Your "employees"who provide pro- fessional health care services on your behalf as a duly licensed nurse, emergency medical technician or paramedic in the jurisdiction where an "occurrence"or offense to which this insurance applies takes place; or b.Your "employees"or "volunteer work- ers", other than an employed or vol- unteer doctor, providing first aid or good samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 11.Broadened Notice of Occurrence Paragraph a.of Condition 2. Du ties in the Event of Occurrence, Offense, Claim or Suit under Section IV -Commercial General Liability Co nditions is replaced by the following: a.You must see to it that we are notified as soon as practicable of an "occur- rence"or an offense which may result in a claim. To the extent possible, no- tice should include: (1)How, when and where the "oc- currence"or offense took place; (2)Th e names and addresses of any injured persons and wit- nesses; and (3)The nature and location of any injury or damage arising out of the "occurrence"or offense. This requirement applies only when the "occurrence"or offense is known to an "authorized representative". 12.Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft, Au to or Watercraft under Sec- tion I -Coverage A -Bod ily Injury and Property Damage Liability: This exclusion does not apply to an air- craft you do not own, provided that: a.The pilot in command holds a current effective certificate, issued by a duly constituted authority of the United States of America or Canada, desig- nating that person as a commercial or airline transport pilot; b.The aircraft is rented with a trained, paid crew; and c.The aircraft does not transport per- sons or cargo for a charge. 13.Bodily Injury Red efined Section V -Definitions, 4."Bodily injury" is replaced by the following: 4."Bodily injury"means bodily harm or injury, sickness, disease,disability, humiliation, shock, fright,mental an- guish or mental injury,including care, loss of services or death resulting from any of these at any time. 14.Expected o r Intended Injury Redefined The last sentence of Exclusion 2.a.Ex- pected o r Intended Injury under Section I -Coverage A -Bodily Injury and Property Damage Liability is replaced by the following: This exclusion does not apply to "bodily injury"or "property damage"resulting from the use of reasonable force to protect per- sons or property. 15.For mer Employees as Insureds The following is added to Paragraph 2. under Section II -Who is an Insured: 2.Each of the following is also an in- sured: Any of your former "employees", di- rectors, managers, members, part- ners or "executive officers", including but not limited to retired, disabled or those on leave of absence, but only for acts within the scope of their em- ployment by you or for duties related to the conduct of your business. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 16 of 17 16.Voluntary Property Damage Coverage a.Coverage D -Voluntary Property Damage Coverage Section I -Coverages is amended to include the following: (1)Insuring Agr eement (a)We will pay the cost to re- pair or replace "property damage"to property of oth- ers arising out of operations incidental to your business when: 1)Damage is caused by you; or 2)Damage occurs while in your possession. At your written request,we will m ake this payment re- gardless of whether you are at fault for the "property damage". If you, at our request, re- place, or m ake any repairs to, damaged property of others, the amount we will pay under Voluntary Pro p- erty Damage Coverage will be determined by your actu- al cost to replace or repair the damaged property, ex- cluding any profit or over- head. Any payment we make un- der Voluntary Property Damage Coverage shall not be interpreted as an admis- sion of liability by you or by us. It shall be your duty,not our duty,to defend any claim or "suit"to which this insurance applies. No other obligation or liabil- ity to pay sums or perform acts or services is covered. (b)This insurance applies to "property damage"only if: 1)The "property damage" takes place in the "cov- erage territory"; and 2)The "property damage" occurs during the policy period. (2)Exclusions This insurance does not apply to "property damage"that would be excluded by Coverage A -Bodi- ly Injury and Property Damage Liability,2. Exclusions, except for j. Damage to Property, par- agraphs (3),(4), (5)and (6), k. Damage to Your Product, and l. Damage to Your Work. (3)Definitions For purposes of Voluntary Property Damage Coverage only, the following definitions un- der Section V -Definitions are replaced by the following: 16."Occurrence"means an in- cident,including continuous or repeated exposure to substantially the same gen- eral harmful conditions that result in "property damage". 20."Property damage"means physical injury to tangible property. "Electronic data"is not tangible property, and "property damage"does not include disappearance, ab- straction or theft. b.Care,Custody or Control Liability Coverage For purposes of the coverage provi d- ed by Care, Custody or Control Li- ability Coverage in this endorsement only: (1)Section I -Coverage A -Bodily Injury and Property Damage Liability, 2. Exclusions, j. Damage to Property, Subpara- graphs (3),(4)and (5)do not ap- ply to "property damage"to the property of others described therein. (2)It shall be your duty, not our duty, to defend any claim or "suit"to which this insurance applies. No other obligation or liability to pay sums or perform acts or ser- vices is covered. This Paragraph (2) supersedes any provision in the Coverage Part to the contrary. (3)"Property damage"for which Care, Cu stody or Con trol Lia- Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission.Page 17 of 17 bility Coverag e provides cover- age shall be deemed to be caused b y an "occurrence"but shall not serve to limit or restrict the applicability of any exclusion for "property damage"under this Coverage Part. c.Limits of Insurance and Deducti- bles For purposes of the coverage provid- ed by Voluntary Property Damage Coverage and Care, Custody or Control Liability Coverage, Section III -Limits o f Insurance is amended to include the following: (1)The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B. Limits o f Insurance , 16. Voluntary Property Damage Coverage and Care, Custody or Control Liability Coverage, in this endorsement. These limits are inclusive of, and not in addi- tion to, the limits being replaced. The Limits of Insurance shown in the Schedule fix the most we will pay regardless of the number of: (a)Insureds; (b)Claims m ade or "suits" brought; or (c)Persons or organizations making claims or bringing "suits". (2)(a)Subject to (3)below, the Voluntary Property Dam- age Coverage,Each Occur- rence Limit Of Insurance is the most we will pay for the sum of damages under Vol- untary Property Damage Coverage; (b)The Care, Cu stody or Co n- trol Liability Coverage, Each Occurrence Limit Of Insurance is the most we will pay for the sum of damages under Care, Custody or Control Liability Coverage; because of all "property damage" arising out of any one "occur- rence". (3)The Voluntary Prop erty Dam- age Coverage,Aggregate Limit of Insurance is the most we will pay for the sum of all damages under Voluntary Pro perty Damage Coverage. This limit applies separately to each "cov- erage term". (4)Deductible Clause (a)Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount stated for the applicable coverage in the Schedule. The limits of insurance will not be re- duced by the application of such Deductible Amount. (b)Section IV -Commercial General Liability Condi- tions, 2. Duties in the Event of Occurrence, o f- fense,Claim or Suit,ap- plies to each claim or "suit" irrespective of the amount. (c)We may pay any part or all of the D eductible Amount to effect settlement of any claim or "suit"and, upon no- tification of the action taken, you shall promptly rei m- burse us for such part of the Deductible Amount as has been paid by us. 17.Broadened Co ntractual Liability -Work Within 50'o f Railroad Property Section V -Definitions, 12."Insured con- tract"is amended as follows: a.Paragraph c.is replaced by the fol- lowing: c.Any easement or license agre e- ment; b.Paragraph f.(1)is deleted in its entire- ty. 18.Alienated Premises Exclusion 2.j. Damage to Property , Paragraph (2)under Section I -Cover- age A -Bodily Injury and Property Damage Liability does not apply if the premises are "your work ". THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC NON-CONTRIBUTORY COVERAGE ENDORSEMENT - WHERE REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE PART SCHEDULE LIMITS OF INSURANCE: $ 5 ,000,000 Each Occurrence Limit $ 5 ,000,000 Aqqre9ate Limit COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM, US 101 and US 101 UM, is amended as follows: A. SECTION 111 - LIMITS OF INSURANCE is amended to add the following: 7. For the purposes of this endorsement on- ly, the Limits of Insurance stated in the Schedule of this endorsement and de- scribed below will apply on a"non- contributory basis" within the parameters set forth in SECTION III - LIMITS OF IN- SURANCE of the Coverage Part to which this endorsement is attached: We will not pay more on behalf of a"non- contributory additional insured" than the lesser of: a. The Limits of Insurance stated in the Schedule of this endorsement; or b. The limits of insurance required in a written contract on a "non- contributory basis" for such "non- contributory additional insured", but onfy to the extent the required limits of insurance are in excess of the "underlying insurance'; or c. The Limits of Insurance available af- ter the payment of "ultimate net loss" on any insured's behalf from any claim or "suit". This provision is included within and does not act to increase the Limits of Insurance stated in the Declarations. B. SECTION IV - CONDITIONS is amended as follows: 1. Condition 9. Other Insurance is amended to add the following: 2. It is agreed that this condition does not apply to the "non-contributory additional insured's" own insurance program. This exception to the Other Insurance Condition shaA only apply i� the applicab4e "underlying insurance" applies on a "non- contributory basis" for such "non- contributory additional insured" and only to the extent of the spec�c limits of insur- ance required in a written contract or agreement on a "non-contributory basis" that is in excess of the "underlying insur- ance". The foltowing condition is added: 15. As a precedent to the receipt of in- surance coverage hereunder, the "non-contributory additional insured" must give written notice of such claim or "suit", including a demand for de- fense and indemnity, to any other in- surer who had coverage for the claim or "suit" under its policies. Such no- tice must demand the full coverage available and the "non-contributory additional insured" shall not waive or limit such other available coverage. This condition does not apply to the "non-contributory additional insured's" own insurance program. C. SECTION IV - DEFINITIONS is amended to add the following: 30. "Non-contributory additional insured" means any person or organization: a. Qualifying as an additional insured under SECTION II - WHO IS AN IN- SURED, Paragraph 3. of the Cover- Includes copyrighted material of ISO US 4096 11 16 Properties, Inc., with its permission. Page 1 of 2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: INCL The premium charge for this endorsement shall be � percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: INCL 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 05-05-2022 Policy No. EWC 048 69 42-04 Endorsement No. Insured 23 TRITON LLC DBA TRITON GENERAL CONTRACTOR Insurance Company THE CINCINNATI CASUALTY COMPANY Premium $INCL Countersigned by WC 42 03 04 B O Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. 00 61 25 - 1 VROJEC'C KECOKD BOCUMLNI'S Page 1 of3 � 2 � J 4 5 6 SECTION 00 62 13 PERFORMANCE BOND Bond No. 4453165 � $ 9 TH� STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: CO�UNTY OF TARRANT � That we, Triton GC, LLC , known as "Principal" herein and Markel Insurance Company , a corporate surety(sureties, if more than one) dtily authorized to do business in the State of Texas, known as 10 "Surety" hecein (whether one or more), ace held and firmly bound unto the Developer, �( (Rainmark, I��c.), authorized to do business in Texas ("Developer") and the City of Fort Worth, a 12 Texas municipal corporatioi7 ("City"), in the per�al sum of, 1 3 Three Hundred Twenty Thousand Nine Hundred Seventy Eighl and Otl100 Dol lars � 320,978.01 �'_. 14 lawful �noney of the United States, to be paid in Fo�-t Worth, Tari-ant Co�inty, Texas fo�� the 15 payment of which sum well and truly to t�e made joii�tly unto the Developer and the City as dual 16 obligees, we biild ourselves, our heirs, executors, administrators, sticcessors and assigns, jointly 17 and severally, firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement foc the construction of 19 con�i�w�iry facilities in the City ofFort Worth by and through a Community Facilities Agreement, 20 CFA Number CFA21-0117; a�7d 21 WHEREAS, the Principal has entered ii�to a certain written conti•act with the Developer awarded 22 the day of�, 1 , 20°�'�,,,which Coritract is hereby referred to and macle a 23 part hereof for all pur�oses as if fully set forth herein, to fi�rnish all materi�ls, equipment labor 24 1nd other accessories defined by ]aw, in the prosecution of the Work, including any Change 25 Orders, as provided for in said Contract designated as The Citadel. 2C NOW, TliEitEFORE, the coi�dition of tl�is obligatio�� is such tl�at if the said Princi�al shalf 27 faithfuily perforn� it obiigations under the Contract and shall in all resp�cts duly and faithftally 28 perform the Work, including Change Orders, under the Contract, accorcling to the plans, 29 specif cations, and contract documents therein referred to, and as wel l during any period of 30 extension of the Contraci that may be granted on the part of the Developer and/or City, then this 31 obligation shall be and become null and void, oth�rwise to remain in fiill force and effect. ciry or ror,�r worzTF r �rl �F ciTn�er. STANDnRD CI'1'Y CONDITIONS — DEVELOPL;R AWARUF;D NROJG:C"CS CITY YR0.1�CT NO. 10349G f2evised .lanuary 31, 2012 OOG125-2 PROJLC"f RGCOR� DOCUMGNTS Page 2 of 3 PROVIDED FtIRTHER, that if any legal action be filed on this Bond, venue shall lie in 2 � Tarrant County, Texas or the United States District Court for the Nocthern District of Texas, F'ort Worth Division. This bonct is macle and eaecuted in compliance with the provisions oi'Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of saict statue. 7 IN WITNESS WHEREOF, the Principal and the Surery have SIGNED and SEALCD 8 this instn�ment by duly authorized agents 1nd of�cers on this the �day of 9 i !' � , 20_. 10 11 12 13 14 15 I6 17 18 �� 20 21 22 23 24 25 26 27 Zs 2� 30 3l 32 33 34 35 36 �7 �g 39 40 41 42 43 44 45 4C ATTEST: (Principal) Seeretary `'l./� � WiU�ess as tc� I'rincipal PRINCI PAL: Triton GC LLC �� —�--��. �� — -- � K. � ��..,� I3Y: �-�,..,�: � a �. _. . �-.,,;� ��--"""�'ignl�urc ' ,,a�- y Reese Baez - President Name and Titic Address: 102 S Goliad Street #111M Rockwall, TX 75087 SU[tLTY: Markel Insurance Com _--,�----- ��.�'�_ BY: �--�- , ��"�'�-� Signature Tanner Langston, Attorney-In-Fact Name and �l'itle �lddress: 4521 Highwoods Parkway Glen Alien. VA 23060 Tele�hone Number: (804) 747-0136 *Note: If sigr�ed by an officer of the Surety Company, there n�ust 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 lddress, both must be provided. crry or ror.�� worz��ri �rrir crrnnr�, STANDARD C(7'Y CONDI"TIONS — DLVELOPLR AWARDtiD PRO.ItiC"fS C1'fY PROJE3Cl' NO 10349G Revised .lanuary 31, 2012 00612>-3 PRO.If�CT RECORD DOGUME�'I'S Page 3 of 3 The date of the bond shall not be prior to the date the Contract is aw�rded. ci�-v or rort�• wott��t r •r� tr-, crrnr�r,r. STANDARD CI'I'Y CONDI'1'10NS — D[:VGLOPGR AWARDI'�D YRO.iL;CTS CiTY PRO.ILCT NQ 103�t9G ILevised January 31, 2012 00G125-i PROJECT RECORD DOCUMENTS Pagc 1 of2 1 � � � 4 5 6 %/ s �� THE STATE OF T�XAS COUNTY OF TAKRANT That we, SECTION 00 G2 14 PAYMENT 130ND Bond No. 4453165 § § KNOW ALL I3Y TFiESE T'RESENTS: § Triton GC. LLC know�� as "Principal" herein, and Markel Insurance Company , a corpocate surety ( or sureties if more than one), duly authorized to do business in the State of Texas, l0 known as "Surety" herein (whether one or more), are he(d and firmly boi�nd unto the Developer, l( (Ilainmark, Inc.), autl�orized to do business in Texas "(Developer"), and the City of F'ort Worth, a 12 Texas munici}�al corporation ("City"), in the penal sum 1 3 O1 Three Hundred Twenty Thousand Nine Hundred Seventy Eight and 01/700 DO��c1CS �.p 32�,978.01 �, I 4 lawful money of tlle Ui�ited States, to be paid in Fort W�octh, Tan�ant County, Texas, for the �ayiTzent I 5 of whicll sum well a��d truly be made jointly unto the Develo�er and the City as dual obligees, we 16 bind ourselves, our heirs, executois, administrators, successors and assigns, jointly and severally, 17 firmly by these presents: I 8 WHER�AS, Developer and City have entered i>>to an Agreement for the construction of 19 communi�y facilities in the City oiFoi�t Worti��, by and through a Commu�;ity Tacilities Agreement, 20 CFA Number CI�A21-OI 17; and 21 Wi�EREAS, Princi�al has enterec( into a c�rtain written Coi�tr�ct with Developer, awarcletl 22 the day of �,� � , 20 ��-, which Contract is hereby referred to 23 and made a part hei�eof foi° all purposes as if fiilly set forlh herein, to furi�is(� all materials, 24 ec�uipment, labor �nd otller accessories as defined by law, in the prosecution of the Work as 25 provided for in saict Contract and designated as The Citadel. 26 NOW, THEREFORE, THE CnNDITION OT THIS OBLIGATION is sucl� that if 27 Principal shall pay ali n�o��ies owing to a��iy (and all) payment bond beneficiary (as det�ined in 28 Chapter 2253 of tlle Texas Government Code, as amended) in the prosecution of the Work ur�der 29 the Contract, then this obligation shall be and become null 1nd voicl; otherwise to remain in fiill 30 focce and et�ect. cl��v or roiz�r worz�rlr -rirF crrnnrc S'1'ANDARD Ci'T'Y CONDI'I'lONS — DEV(?LOI'LR AWARDisD PROIGC'fS CI"I'Y PRO.II�C'I' NO. 10=496 Iteviscd.lanuary 31, 2012 oo�i?s-2 PROJECT RECORD DOCUMENTS Pagc 2 of 2 2 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 oi� this bond shall be determined in accordance witli the provisions of said statute. 4 IN WiTN�SS WHEREOF, the Principal and Surety have each SIGNGD and SEALED � this instrument by duly authorized agents and officers on this the P`� day ofi � � �_, ?o - � ATTEST: (Principal) Secretaiy �,.....-�� ''j _,____._..__._. Witness as to Principal 8 9 10 I1 12 13 � ATTEST: (Sin�ety) Secretary Witness as to �tre y PRINCIPAL: Triton GC LLC �� ___ y,��„ - BY: �;�,_ �.�. _ _ �.�,_.x_ ignahne � �� ,��.��_ �.�.��, Reese Baez - President Name and Title Addt'eSS: 102 S Goliad Street #111 M Rockwall, TX 75087 SURETY: Markel Insurance Company ��_ r___. � BY: r �.�-°'-°-�-% igi�ature Tanner Langston, Attorney-In-Fact Name and Title �(idYESS: 4521 Highwoods Parkway Glen Allen, VA 23060 Telephone Number: (soa} �a�-o�ss Nole: If signecl L�y an ofCicer of the Surety, there must �e on ti le a certified extract from the bylaws showing that this person has authority to sign such obligation. lf Stn•ety's physical address is different from its maili��g address, both must be provided. The date of the bond shall noC be prior to the date the Contcact is awarded. END OF SECTION CI'I'Y OF PORT WORTTI 'I'IiF Cl"I'AU[,1.. S'i'ANDARU CITY CONUI7'IONS — DEVL:LOYI3R AWARDBD PROJI�,CTS � CCfY PtZOJEC'1' NO. 10349G Revised January 31, 2012 00 61 25 - i PROJECT RECORD DOCUMENTS Page 1 0�3 � 2 n � 4 S 6 7 g THE STATE OF TEXAS COUNTY Of TARRANT That we SCCTiON 00 G2 19 MAINTENANCC BOND Bond No. 4453165 § § KNOW ALL BY THESE PRESENTS: § Triton GC, LLC Triton GC. LLC }CIIOWII 1S 9 "Principal" herein and Markel Insurance Company , a corporate surety ] 0 (sureties, if more than one) duly authorized to do business in the State ot'Texas, known as 1 1 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, 12 (Rainmark, Inc.), autl��orized to do business in Texas ("Developer") anct lhe City of Fori Wortl�, a 13 Texas municipal cor}�oration ("City"), in the sum 1 4 Of Three Hundred Tweniy Thousand Nine Hundred Seveniy Eight and 01/100 Dol lars ($ 320,978.D 1 �� l 5 lawfu( money of the United States, to be paid in �Fo��t Worth, Tarrant County, Texas, for �ayment 16 of which sum we(1 and tru(y be made jointly unto the Developer and the City as dual obligees �nd 17 theic suecessors, we bind ourselves, our l��eirs, executors, administrators, suceessors and assigns, 18 jointly and severally, firmly by these presents. 19 20 WHEREAS, Developer ai�d City have entered into an Agreement for the construction of 21 community facilities in the City of Fort Wor�h by and through a Community Facilities Agreement, 22 CT� Number CFA21-01 17; and 23 WHER�AS�, the Principal has entered into a cectain written contract with the Developer 24 awarded the day of , 20� , WIl1CI1 COilil'1Ci 1S 25 hereby referred to and a made part hereof for all purposes as if ft�ily set forth herein, to furnish all 26 materials, equipment labor and other accessories �s defi�ied by law, in the prosecution of the 27 Work, includi�ig any Work resultin� from a duly a��thorized Change Order (collectively herein, 28 tl�e "Work")1s provided for in said Contract and designated as The Citadel; and 29 30 WHEREAS, Principal binds itself to use stich materials and to sa construct the Wock in 31 accordance with the plans, specifications and Contract Documents that the Work is and will 32 remain fi•ee from defects in materials or workmanship for ai�d dtn-ing the period of two (2) years 33 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); anci 34 CITY OF FORT WORTFT � 'CITE CI"I'ADEL STANDARD CI'1'Y CONDI7'IOt�S — DtiVGLOPER AWARDGD YRO.t[;C"TS CI'I'Y PRO)EC7' NQ. 10349G Revised .tanuary 31, 2Q12 00(i125-2 PROJECT RECORD DOCUMENTS !'age 2 of 3 � 2 � � 4 5 C 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in }�art upon receiving notice from the Developer and/or City ofthe need thereof at any tin�e within the Maintenance Period. NOW TH�REFORE, the condition of this obligatio�i is such that if Principal sl�all remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, tllen this obligation shall become null anci void; otherwise to remai» in full force and effect. I'ROVIDED, HOWEVER, if Principal shall fail so to repair or reconsCruct any timely noticed defective Work, it is agreed that the Deve(oper 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 Bonci, venue shall lie in T�rrant Col�nty, Texas or the United Sfates District Court for the Northei-il District of Texas, Fort Worth Division; and PROVIDED F'URTHER, that this obligation shal) be contim�ous in natlire and successive recoveries may be had hereon for successive breacl7es. CITY OP 1�ORT WOR'I'IT S'1'ANDARD CI'1�Y CONDII'IONS — DI3VEI..OPI;R AWARDLiD VRO.IBC'fS Revised.ianuary 31, 2012 'f}lE CI�'nDli[., CiTY P(tO.tEC'1' NO. 103d9C OOG125-3 PROJECT RECORD DOCUMENTS Page 3 of 3 0 5 6 7 9 10 11 12 13 14 15 16 17 ls » Zo 21 z2 23 24 25 26 27 2g 29 30 31 �2 33 34 35 36 37 33 39 40 41 IN WITNES5 WHEREOF, the Principal ai�d the Surety have each SIGNED ancl SEALCD this instrument by duly authorized agents and officers on this the day of � '�, 20 i'RINCII'nL: Triton GC. LLC �=---- �—� --�-� ` — , 13Y. ��i—� �a � _ ._� _...�` �> , _ n��Tcs�,: (Principal) Secretary Reese Baez - President Name and "1'it(c Witness as to Principal Address: 102 S Goliad Street #111 M Rockwall, TX 75087 SURE't'Y: Markel Insurance Com n�"rrs�r: I3Y: 2�C�%2.Gt—�— -u .,,��.�' Signatur Tanner Langsion, Attorney-In-Fact Namc and Tille Address: 4521 Highwoods Parkway (Surety) Sccre �y Glen Ailen, VA 23060 Wilncss as to S re y "l�elephone Number; (804) 747-0136 *Note: signed by an officer of the Surety Company, there must be on file a certifed extract from the by-laws showing that this pe�son has authority to sign such obligation. If Sucety's physical address is different fi-om its mailing address, both must be provided. The date of the bond shali not be p��ior to the date the Contract is awarded. Ci"I'Y OR PORT WOIZ'fTT S"I'ANUARD CITY CONnl7'IONS — DBVEI.,OP[iR AWARDI:D PRO.TEC7'S Revised .tanuary 31, 2012 'ftii: CI"1'nDE[. CI'1'Y 1'RO.iisC'1' NO. 10349G POA# 4221092 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: ThatSureTec insurance Company, a Corporation du�y organized and existing under the (aws of the State of Texas and having its principal office in the Co�nty of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principai administrative office in Glen Alien, Virginia, does by these presents make, constitute and appoint: Tracy Tucker, W. Lawrence Brown, Steven M. Tucker, Kevin J. Dunn, Tanner Langston, Bennett Brown Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deiiver for and on their own behalf, individually as a surery orjointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Ten Million and 00/100 Doilars ($10,OQ0,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resoiutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, Thatthe President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant5ecretary,Treasurer or AssistantTreasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute i� behalf of, and acknowledge as the act and deed of the SureTec insurance Company and Markei Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seai thereto." IN WITNESS WHEREOF, Markei Insurance Company and SureTec Insurance Company have causedtheir official sealto be hereunto affixed and these presents to be signed by their duly authorized officers on the �si day of March , xos� , SureTec Insurance Company 5V¢ANC \a . ............. FO w`'f x �v ''t°� W!W x-y� gy; f -.... ^��^^��--- � � �a ' 2 Michael C. Keimig, President � ��'' • '� +'� � � ...N*�,� State of Texas "� County of Harris: ��y�RAN�r��i `, `'U �t°'�f �� SEAL��= . d,. 6Y: %�'•.,2t�5: ' Y: ''��q�i i�ia��`�•` On this +s� day of Maich zoz� q, D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and quaiified, came THE ABOVE OFFICERS OF THE COMPANI E5, to me personaliy known to be the individuais and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seais and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. , _. r�.:��..�� ,,;rar'p� 7{EIVIA CNAVEZ � :'a4�'" ""•"•`. �- Notar.y F�uWic, Stale oi Texas ' ,� � � `t: �:*= Notary ID# 12911765-9 BY• � �L'w=,^; ��; ,•.,. ,:� ; f.4y CommiSsion Expires X ia havez, Notary Public � ��rE�� S��"'`SEprEMBEf� 10,�202�� y ommission expires 9/10/2024� �,,,,, We, the undersigned Officers of SureTec Insurance Company and Markei Insurance Company do herby certify that the originai POWER OF ATfORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNE55 WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the ��day of_y��__, 7ioz2.- . ur cinsur nce any __.__ � By. M. Br t Beaty, Assistant Secretary Ma ellnsuranceCompany By: / �- __ _._--- ndrew Marquis, Assistant Sec ry Any Instrument Issued in ex�ss of the penalry stated atwve is totally void and witna�t anyvalidity. Forverification of the authority of this Poweryou may call (713}812-0EOOonany h�sinessday between 6:30AM and5:00 PM CST. • `' •' ' ! •'� ;� • ; � ' � ' • � ' ■ • � � i ,. � ; � ., ; �, �, ,. Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: Markel Insurance Company 9737 Great Hiils Trail, Suite 320 Austin, TX 78759 � STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PRC�JECTS 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 .......................................................................................................... l 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 Article4— 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 5.0� 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 EORT WORTH STANDARD CITY CONDIT[ONS — 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 Article6— Other Work at the Site ...................................................................................................................26 6A1Related Work at Site ...................................................................................................................26 Article7 — City's Responsibilities ...................................................................................................................26 7.01 Inspections, Tests, and Approvals .............................................................................................. 26 7A2 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 ................................................................2$ 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 ll.07 Correction Period ........................................................................................................................30 ll.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 14A1Giving Notice ..............................................................................................................................34 CITY OF FORT WORTH STANDARD C1TY COND[TIONS — DEVELOPER AWARDED PROJECTS Revised: ]anuary 1Q 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 C[TY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 ARTICL� 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. Agr�eement - 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 norrnal 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. Ciry— 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 azethorized charter on his behalf. �. Community Facilities Agreement (CFA) A Contract between the Developer and the Ciry 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. Contf-act Documents—Those items that make up the contract and which must include the Agreement, and it's attachments such as standard constYuction specifications, standard Cily Conditions, other general conditions of the Developer, including.• a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDIT[ONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 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. f. g• h. J• k. 1. m n. � r. Payment Bond Performance Bond Maintenance Bond Power of Attorney for Bonds Workers Compensation Affidavit MWBE Commitment Form( If required by City) General Conditions Supplementary Conditions The Standard City Conditions 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 Drawings Documentation submitted by contractor prior to Notice of Award. 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 Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Conlractor—The individual or entity with whom �eveloper 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 rrtake certain improvements within the City of Fort Worth 13. Drawings—That part of the Contr-act Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be perforrrred by Contractor. Submittals are not Drawings as so defined. 14. Engineer—The lzcensed professional engineer or engineering firm registered in the State of Texas performing professional services, for the Developer. 15. Final Acceptance — The wYitten 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 — DEVEI,OPER AWARDED PROJECTS Revised: January 10, 2013 00 73 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 ver� that the Contractor has completed the Work, and each crnd every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements A part of the Conlract Documents between the Developer and a Contractor. 18. Laws and Regulations Any and all applicable lcnvs, rules, regulations, ordinances, codes, and orders of any and all govern»zental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens—Charges, security interests, oN encumbrances upon Project funds, real property, or personal property. 20.ILIilestone A principal event specified in the ConlYact 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 o, f'the Ag�-eement. 22. Participating Change Order A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price ar the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans — See definition of Drawings. 24. Project Schedule A schedule, pYepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 25. Project—The Work to be per, f'ormed 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. C[TY OF FORT WORTH STANDARD CITY CONDIT(ONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 30. Schedule of Subrnittals 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-o.f-way, pernzits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifrcations—That part of the Contract Docunzents consisting of wt-itten requirements for materials, equipment, systems, standards and work►nanship as applied to the Work, and certain adminislrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contt-act Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions — That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals All drawings, diagrams, illustrations, schedules, and other data or in.formation which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate sorrze portion of the Work. 36. Superintendent — The representative of the ContractoY 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, naaterialman, or vendor having a direct contr�act with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcont�actor. 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 traf�c or other control systems. 40. Weekend Working Hours — Hours beginning at 9: 00 a. m. and ending at S: 00 p. m., Saturday, Sunday or legal holiday, as approved in advance by the Ciry. CITY OF FORT WORTH STANDARD C[TY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 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�erforming or providing all labor, services, and documentation necessary to produce szrch 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 Cont�-act 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 pt�rposes, in which weather or other conditions not undeY the control of the Contractor will pe�mit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a. m. and 6 p. m. 1.02 Tern�inology A. The words and terms discussed in Paragraph 1 A2.B 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. FuYnish, Install, Perform, Provide: The word "Furnish" or the ward "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 perfonn the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, technical or construction industry or trade meaning accordance with such recognized meaning. words or phrases that have a well-known are used in the Contract Documents in C[TY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 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 Preconstrziction 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.O1 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 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 COND1TtONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 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, Payrrtent, 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 narne 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 OP FORT WORTH STANDARD CITY CONDiTIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 ] 0- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 1. The certificate of insurance shall document the City, an as "Additional Insured" on all liability policies. 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. The certifcate 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/ar 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. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In C[TY OF FORT WORTH STANDARD C[TY CONDITIONS — DEVELOPER AWARDLD PROJECTS Revised: January 1Q 2013 00 73 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 parly 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 Conapensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability CITY OF FORT WORTH STANDARD C[TY COND[TIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a rninimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 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 PR07ECTS Revised: January 10, 2013 00 73 l0- 1 I Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks awned and operated by: 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 AgreemenY' with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: a. General Aggregate: NONE b. Each Occurrence: : NONE 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page i Z of 35 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 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(ocation entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the palicy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company's right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractar 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 o, f 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 efficient(y, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the CITY OF FORT WORTH STANDARD C[TY COND[T[ONS — DEVGLOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 13 Standard City Conditions Of The Construction Co�tract 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 perfonn Work: 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 beneft 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- ] 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 3� 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 inade by participating change orders. 5.05 Substitutes and "OY-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 iteins of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. "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 suf�ciently 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 S.OS.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 impased 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 COND[TIONS — DEVELOPER AWARD�D PROJGCTS Revised: January 10, 2013 00 73 10- I S Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page I S of 35 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: If in City's sole discretion an item of material or eguipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph S.OS.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient infonnation as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section O1 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and CITY OF FORT WORTH STANDARD CITY CONDIT[ONS — DEVELOPER AWARDED PROJECTS Revised: January ] 0, 2013 00 73 10- t 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 4} shall contain an iternized 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 S.OS.A.2. C. Ciry's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs S.OS.A and S.OS.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal far 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 indemn� 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 S.OS.A.2 and S.OS.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Cont�actor'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-Qualifrcation 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 CONDIT[ONS — DEVELOPER AWARDED PROJEGTS Revised: January 10, 2013 00 73 10- 17 Standard Gity Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 ❑ Required for this Contract. � Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or de(etion 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: 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 COND[TIONS — DEVELOPER AWARDED PROJECTS Revised:January 10,2013 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates ❑ Required for this Contract. � Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shalt 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 l 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 — DGVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract, and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. 7'o the fullest extent permitted by Laws and Regulations, Contractor shall indemn� and hold harmless City, from and against all claims, costs, losses, and damages (including but not Zimited to all fees and charges of engineers, architects, attorneys, and other pro,f'essionals and all court or arbitration or other dispute resolution costs) arising out of oN relating to any infringement of patent rights or copyrights incident to the use in the performance o.f'the Work or resulting,fi-orrt the incorporation in the Work o, f'any invention, design, process, product, or device not specafied in the Conh-act 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: 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 C(TY CONDITIONS — DEVELOPER AWARDGD PROJECTS Revised: January 10, 2013 00 �3 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 other materials ar 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 indemn� and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any cicrim or action, legal oY equitable, brought by any such owner oY 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 an 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 de�ciencies 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 eGuipment 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 RecoYd 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, Speciiications, 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 OP FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 2I Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2l 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 lass; 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 Sa,f'ety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPGR AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or ather hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittczls A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as reguired 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, conforrn to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 2evised: January 10, 2013 00 73 10- 23 Standard Ciry 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 canstruction is specifically and expressly called for by the Contract Documents) or to safety precautions or pragrams incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the itern 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 O1 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 ] 0- 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 dainages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, (JMISSION OR NEGLIGENCE OF TAE CITY. 5.19 Delegation o.f'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 cei�tifications 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, certifcations, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 ] 0- 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 conforinance 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: the Act and the Regulations as further defined receiving Federal assistance. Contractor shall comply with the requirements of in the Supplementary Conditions for any project C1TY 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 TIIE 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, ar through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. ARTICLE '7 — CITY'S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 7.03 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8— CITY'S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of canstruction 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 T�ariations 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 1 l, whether or not the Work is fabricated, installed, or completed. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 8.04 Determinations for WoYk 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). ARTICL� 9— CHANGES IN THE WORK 9.01 Authorized Changes in the WoYk A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notifrcation to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 ARTICLE 11— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ll A1 Notice of De,fects 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 thereo� 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 CONDIT[ONS — DEV6LOPER 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 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 Devel oper/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 — DLVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph S.lO.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 ar 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 PROJEC"CS 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 WaYranty 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.OS.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. Partia( Utilization will not constitute Final Acceptance by City. 12.03 Finallnspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH STANDARD C[TY CONDIT[ONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 33 Standard City Conditions Of The Construction Contract For Deveioper 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. 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 — D�VELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 34 Standard City Conditions Of The Construction Coniract 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 7'imes 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 C[TY CONDIT[ONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJGCTS Revised: January 10, 2013 006125-1 DAP PROJECT RECORD DOCUMENTS Page 1 of 3 1 2 3 GENERAL SECTION Ol 11 00 SUMMARY OF WORK 4 SUMMARY 5 A. Section Includes: 6 1. Summary of Work to be perfarmed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Warth 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, a��d Conditions of the Contract 1 1 2. Division 1- General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 14 15 16 1.3 17 1.4 18 l9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. REFERENCES [NOT USED] ADMINISTRATIVE REQUIREMENTS A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stared on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. CITY Or PORT WORTH THE CITADEL STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS — Developer Awarded Projects CITY PROJECT NO. 103496 Revised December 20. 2012 00 61 25 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 3 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 b. Excavated and waste materials shall be stored in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. c. If the street is occupied by railroad tracks, the Work shall be carried on in such manner as not to interfere with the operation of the railroad. All Work shall be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. D. Work within Easements 1. Do not enter upon private property for any purpose without having previously obtained permission from the owner of such property. 2. Do not store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the City. 3. Unless specifically provided otherwise, clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the Work as a part of the project construction operations. 17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, 18 plants, lawns, fences, culverts, curbing, and all other types of structures or 19 improvements, to all water, sewer, and gas lines, to all conduits, overhead pole 20 lines, or appurtenances thereof, including the construction of temporary fences 21 and to all other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or 23 private 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 25 the Work. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 � c. 6. Fence Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. Be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, material, or equipment. a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work within easements, including removal, temporary closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH THE CITADEL STANDARD CONSTRUCTION SPECIFICAI'ION DOCUMENTS — Developer Awarded Projects CITY PROJECT NO. 103496 Revised December 20, 2012 006125-3 DAP PROJECT RECORD DOCUMENTS Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSlINFORMATIONAL 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 12 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 13 CITY OF FORT WORTH THE CITADEL STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS — Developer Awarded Projects CITY P20JECT NO. 103496 Revised December 20, 2012 O12500-1 SUBSTITUTION PROCEDURES Page I of 4 SECTION O1 25 00 SUBSTITUTION PROCEDURES PARTl- GENERAL l.l SUMMARY A. Section Includes: The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or-equals". B. Deviations from this City of Fort Worth Standard Specification l. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or-equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a. Or-equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, CITY OF FORT WORTH The Citadel STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No, 103496 Revised July l, 2011 o� zsoo-2 SUBSTITUT[ON PROCEDURES Page 2 of 4 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Form (attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specifcation Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Productexperience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection l. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, the resulting cost and/or time reduction will be documented by Change Order in accordance with the General Conditions. CITY OF FORT WORTH 'fhe Citadet STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS City Project No, 103496 Revised July l, 2011 Ot 2500-3 SUBST[TUT[ON PROCEDURES Page 3 of 4 4. No additional contract time will be given for substitution. 5. Substitution will be rejected if: a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the City's opinion, acceptance will require substantial revision of the original design d. In the City's opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifcations if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional casts related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USEDj PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FOR't WORTH The Citadel STANDARD CONSTRUCTION SPECIF[CAT[ON DOCUMENTS City Proiect No, 103496 Revised July 1, 201 l 012500-4 SUBSTITUTION PROCEDURES Page 4 of 4 EXHIBIT A R�QUEST FOR SUBSTITUTION FORM: TO: PROIECT: 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 DOCUMGNTS Revised July t, 2011 _ Recommended _ Not recommended By Date Remarks Date Rej ected _ Recommended Received late The Citadel City Project No, 103496 00 61 2519 - 1 DAP PROJECT RECORD DOCUMENTS Page I of 3 1 2 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 Il 12 SECTION Ol 31 19 PRECONSTRUCTION MEETING A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. C. Related Specification Sections include, but are not necessarily limited to: l. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 15 16 17 1.3 18 1.4 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. REFERENCES [NOT USED] ADMINISTRATIVE REQUIREMENTS A. Coordination L Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualifed and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the begimzing of the meeting. 3. Attendance shall include: a. Developer and Consultant b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request CITY OF FORT WORTH TFIE CITADBL STANDARD CONSTRUCTION SPEC[FICATION DOCUn-tENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT N0.103496 Revised August 30, 2013 00 61 2519 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 e. Other City representatives £ Others as appropriate 4. Preliminary Agenda may include: a. Introductivn 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 £ Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material l. Insurance Renewals rn. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments CITY OF FORT WORTH THE CITADEL STANDARD CONSTRUCTION SPEC[FICATION DOCU\4ENTS — DEVELOPGR AWARDED PROJECTS CITY PROJECT N0.103496 Revised August 30, 2013 00 61 2519 - 3 DAP PROJGCT RECORD DOCUMENTS Page 3 of 3 1 1.5 SU�MITTALS [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 L10 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 12 END OF SECTION Revision Log DATE NAIvfE SUMMARY OF CHANGE 13 CITY OF FORT WORTH THE CITADEL STANDARD CONSTRUCTION SPECIFICATION DOCUhtENTS — DEV�LOPER AWARDED PROJECTS CITY PROJEC'f N0.103496 Revised Au�ust 30, 2013 013233-1 PRECONSTRUCTION VIDEO Page 1 of 2 SECTION Ol 32 33 PRECONSTRUCTION VIDEO PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USEDj 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS (NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH The Citadel STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No, 103496 Revised July I, 2011 O13233-2 YRECONSTRUCTION VIDEO Page 2 of 2 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE C[TY OP FORT WORTH The Citadel STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No, t03496 Revised July 1, 2011 006125-1 DAP PROJECT RECORD DOCUMENTS Page 1 of 8 1 2 3 PART 1 - GENERAL 4 l.l SIJMMARY 5 A. Section Includes: 6 7 8 9 10 11 12 13 14 15 16 SECTION O1 33 00 DAP SllBMITTALS General methods and requirements of submissions appticable to the following Work- related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 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. No 20 separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 24 25 26 2? 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related VVork or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication � Delivery Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. 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. CITY OF FORT WORTH THE CITADEL STANDARD CONSTRUCTION SPECIFICAT[ON DOCUT4ENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103496 Revised August 30, 2013 006t 25-2 DAP PROJECT RECORD DOCUMENTS Page 2 oY'8 B. Submittal Numbering 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 18 1. Review shop drawings, product data and samples, including those by 19 subcontractors, prior to submission to determine and verify the following: 20 a. Field measurements 21 b. Field construction criteria 22 c. Catalog numbers and similar data 23 d. Conformance with the Contract Documents 24 2. Provide each shop drawing, sample and product data submitted by the Contractor 25 with a Certification Statement affixed including: 26 a. The Contractor's Company name 27 b. Signature of submittal reviewer 28 c. Certifcation Statement 29 1) `By this submittal, I hereby represent that I have determined and verified 30 field measurements, field construction criteria, materials, dimensions, 31 catalog numbers and similar data and I have checked and coordinated each 32 item with other applicable approved shop drawings." 33 34 35 36 37 38 39 40 41 42 43 44 45 D. Submittal Format 1. Fold shop drawings larger than 8%z inches x 11 inches to 8%z 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 The date of submission and the dates of any previous submissions 2. The Project title and number 3. Contractor identification C[TY OF FORT WORTH THE CITADEL STANDARD CONSTRUCTtON SPECIFICAT[ON DOCUnfENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103496 Revised August 30, 2013 006125-3 DAP PROJECT RECORD DOCUMENTB Page 3 of 8 1 2 3 4 5 6 7 8 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such ?. Relation to adjacent or critical features of the Work or materials 9 8. Applicable standards, such as ASTM or Federal Specification numbers 10 9. Identification by highlighting of deviations from Contract Documents 11 10. Identification by highlighting of revisions on resubmittals 12 11. An 8-inch x 3-inch blank space for Contractor and City stamps 13 14 15 16 17 18 19 20 21 22 23 24 25 F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrarns d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 26 2. Details 27 a. Relation of the various parts to the main members and lines of the structure 28 b. Where correct fabrication of the Work depends upon field measurements 29 Provide such measurements and note on the drawings prior to submitting for 30 approval. 31 G. Product Data 32 33 34 35 36 37 38 39 40 41 42 43 44 45 For submittals of product data for products included on the City's Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City's Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Productphotographs 7) Standard wiring diagrams 8) Printed performance curves and operational-range diagrams C[TY OF FORT WORTH THE C[TAD[L STANDARD CONSTRUCTION SPECIFICATION DOCUD4ENTS — DEVELOPER AWARDED PROIECTS CITY PROJECT NO. t03d96 Revised August 30, 2013 00 61 25 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 8 1 2 3 4 5 9) Production or quality control inspection and test reports and certifications ] 0) Mill reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H. Samples 7 8 9 10 11 12 13 14 15 As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3} Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work 16 I. Do not start Work requiring a shop drawing, sample or product data nor any material to be 17 fabricated or installed prior to the approval or qualified approval of such item. 18 1. Fabrication performed, materials purchased or on-site construction accomplished which 19 does not conform to approved shop drawings and data is at the Contractor's risk. 20 2. The City will not be liable for any expense or delay due to corrections or remedies 21 required to accomplish conformity. 22 23 z4 25 z6 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) a. Shop Drawings 1) Distributed to the City 2) Copies CITY OP FORT WORTH THE C[TADEL STANDARD CONSTRUCT(ON SP�CIPICATION DOCU�-fENTS — DEVELOPGR AWARDED PROJECTS CI'CY PROJECT NO. 103496 Rerised August 30, 2013 006125-5 DAP PROJECT RECORD DOCUMENTS Page 5 of 8 1 2 3 4 5 6 7 8 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 9 c. Samples 10 1) Distributed to the Pt�oject Representative 11 2) Copies 12 a) Submit the number stated in the respective Specification Sections. 13 3. Distribute reproductions of approved shop drawings and copies of approved product 14 data and samples, where required, to the job site file and elsewhere as directed by 15 the City. 16 a. Provide number of copies as directed by the City but not exceeding the number 17 previously specified. 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 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 coardinating 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 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. C[TY OP FORT WORTH THE CITADEL STANDARD CONSTRUCT[ON SPECIFICAT[ON DOCU�tENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. I03496 Revised August 3Q 2013 QO 61 25 - 6 DAP PROJECT RECORD DOCUMENTS Pa�e 6 oY 8 1 2 3 4 5 6 7 8 9 10 11 Iz 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 a. The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal af the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non-conforming items that were nated. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) °NOT APPROVED" is assigned when the submittal does not meet the intent af the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 36 7. Partiai Submittals 37 a. City reserves the right to not review submittals deemed partial, at the City's 38 discretion. 39 b. Submittals deemed by the City to be not complete will be returned to the 40 Contractor, and will be considered "Not Approved" until resubmitted. 41 c. The City may at its option provide a list or mark the submittal directing the 42 Contractor to the areas that are incomplete. 43 8. If the Contractor considers any correction indicated on the shop drawings to constitute a 44 change to the Contract Documents, then written notice must be provided thereof to the 45 Developer at least 7 Calendar Days prior to release for manufacture. 46 9. When the shop drawings have been completed to the satisfaction of the City, the 47 Contractor may carry out the construction in accordance therewith and no further 48 changes therein except upon written instructions from the City. CITY OF PORT WORTH THG C[TADEL STANDARD WNSTRUCTION SPECIFICAT[ON DOCUbIENTS — DGVELOPER AWARDED PROJECTS CITY PROJECT NO. 103496 Revised Ai�gust 3Q 2013 006t 25-7 DAP PROJECT RECORD DOCUMENTS Page 7 of 8 1 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 2 following receipt of submittal by the City. 3 L. Mock ups 4 1. Mock Up units as specified in individual Sections, include, but are not necessarily 5 limited to, complete units of the standard of acceptance for that type of Work to be used 6 on the Project. Remove at the completion af the Work or when directed. 7 M. Qualifications 8 If specifically required in other Sections of these Specifications, submit a P.E. Certification 9 for each item required. 10 11 12 13 14 15 16 l� 18 19 20 21 22 N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 23 1.5 SUBMITTALS [NOT USEDj 24 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 25 1.7 CLOSEOUT SUBMITTALS [NOT USED] 26 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 27 28 29 30 1.9 QUALITY ASSURANCE (NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED� 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] C[TY OF FORT WORTFi THE CITADEL STANDARD CONSTRUCTION SPEGFICATION DOCU�fENTS — DEVELOPER AWARDGD PROIECTS CITY PROIECT NO. 10349G Revised August 30, 2013 006125-8 DAP PROJECT RECORD DaCUMENTS Page $ of 8 2 � PART 2 — PRODUCTS [NOT USED] 6 PART 3- EXECUTION [NOT USED] 7 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Joluison I.4.K.8. Working Days modified to Calendar Days � CITY OP FORT WORTH TE{E CITADEL STANDARD CONSTRUCTION SPECIFiCAT[ON DOCUn4ENTS — DEVELOPER AWARDED PROIECTS CITY PROJECT NO. 103496 Revised August 3Q 2013 006125-1 DAP PROJECT RECORD DOCUMENTS Page 1 of 7 %J 3 PART 1 - GENERAL 4 l.l SUMMARY 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 A. Section Includes: SECTION Ol 35 13 SPECIAL PROJECT PROCEDURES The procedures for special project circumstances that includes, but is not limited to: a. Coordination with the Texas Department af Transportation b. Work near High Voltage Lines c. Confined Space Entry Program d. Air Pollution Watch Days e. Use of Explosives, Drop Weight, Etc. £ Water Department Notification g. Public Notification Prior to Beginning Construction h. Coordination with United States Army Corps of Engineers i. Coordination within Railroad permits areas j. Dust Control k. Employee Parking B. Deviations from this City of Fort Worth Standard Specification 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 28 29 30 31 32 33 34 A. Reference Standards 1. Reference standards cited in this Specification refer to the cun�ent reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 3. North Central Texas Council of Governments (NCTCOG} — Clean Construction 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 Department 38 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 41 b. All work performed in the TxDOT right-of-way shall be performed in compliance 42 with and subject to approval from the Texas Department of Transportation CITY OF PORT WORTH THE CITADBL STANDARD CONSTRUCTION SPECIFICAT[ON DOCUAdENTS — DEVELOPER AWARDC-D PROJECTS CITY PROJECT NO. 10349G Revised Augus[, 30, 2013 006125-2 DAP PROJECT REC(7RD DOCUMENTS Page 2 of 7 2 3 4 5 6 7 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. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 8 3. Equipment operating within 10 feet of high voltage lines will require the following 9 safety features 10 a. Insulating cage-type of guard about the boom or arm 11 b. Insulator links on the lift hook connections for back hoes or dippers 12 c. Equipment must meet the safety requirements as set forth by OSHA and the safety 13 requirements of the owner of the high voltage lines 14 4. Work within 6 feet of high voltage electric lines 15 a. Notification shall be given to: 16 1) The power company (example: ONCOR) 17 a) Maintain an accurate log of all such calls to power company and record 18 action taken in each case. 19 b. Coordination with power company 20 1) After notificatian coordinate with the power company to: 21 a) Erect temporary mechanical barriers, de-energize the lines, or raise or lower 22 the lines 23 c. No personnel may wark within 6 feet of a high voltage line before the above 24 requirements have been met. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 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 O1 31 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. 44 2. Coordinate any event that will require connecting to or the operation of an existing 45 City water line system with the City's representative. 46 a. Coordination shall be in accordance with Section 33 12 25. CITY OF PORT WORTH THE CITADEL STANDARD CONSTRCICTION SPECIFICATION DOCU�4ENTS — DEVELOPER AWARDED PRO]ECTS CITY PROJECT NO. 103496 Revised August, 30, 2013 006125-3 DAP PROJECT RECORD DOCUMENTS Page 3 of 7 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 �. If needed, obtain a hydrant water meter from the Water Department for use during the life of named project. c. In the event that a water valve on an existing live system be turned off and on to accommodate the construction of the project is required, coordinate this activity through the appropriate City representative. 1) Do not operate water line valves of existing water system. a) Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 28.03 (Criminal Mischie fl and the Contractor will be prosecuted to the full extent of the law. b) In addition, the Contractor will assume all liabilities and responsibilities as a result of these actions. F. Public Notification Prior to Beginning Construction 1. a. Prior to beginning construction on any block in the project, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: Post notice or flyer 7 days prior to beginning any construction activity on each block in the project area. 1) Prepare flyer on the Contractor's letterhead and include the following information: a) Name of Project b) City Project No (CPN) c) Scope of Project (i.e. type of construction activity) d) Actual construction duration within the block e) Name of the contractor's foreman and phone number fl Name of the City's inspector and phone number g) City's after-hours phone number 2) A sample of the `pre-construction notification' flyer is attached as Exhibit A. 3) Submit schedule showing the construction start and finish time for each block of the project to the inspector. 4) Deliver flyer to the City Inspector for review prior to distribution. No construction will be allowed to begin on any block until the flyer is delivered to all residents of the block. G. Public Notification of Temporary Water Service Interruption during Construction 1. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. 2. Prepared notice as follows: a. The notification or flyer shall be posted 24 hours prior to the temporary interruption. b. Prepare flyer on the contractor's letterhead and include the following information: 1) Name of the project 2) City Project Number 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[TY OF FOR'C WORTH TI-iE CITADEL STANDARD CONSTRUCTION SPECiF[CATION DOCUMENTS — DEVELOPER AWARDED PROJLCTS CITY PROIECT NO. 103496 Re�•ised August, 3Q 2013 00 61 25 - 4 DAP PROJECT RECORD DOGUMENTS Page 4 of 7 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 3z 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 Army Corps of Engineers (USACE} 1. 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. Tl�is 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. Obtain any supplemental information needed to comply with the railroad's requirements. J. Dust Control l. 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 TH6 CITADEL STANDARD CONSTRUCTfON SPECIFICATION DOCU�tENTS — DEVELOPER AWARDED PROJECTS CITY PRQIECT NO. 103496 Re� ised August, 30, 2013 006125-5 DAP PROJECT RECORD DOCUMEPlTS Page 5 of 7 1 2 3 4 5 6 7 8 9 10 11 12 1.4 SUBMITTALS [NOT USED] 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.6 CLOSEOUT SUBMITTALS [NOT USED] 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.8 QUALITY ASSURANCE [NOT USEDJ 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.10 FIELD [SITE] CONDITIONS [NOT USED] 1.11 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAIv1E SUMMARY OF CHANGE I 3.B — Added requirement of co�npliance with Health and Safety Code, Title 9. 8/31/2012 D. Johnson Safety, Subtit(e A. Public Safety, Cliapter 752. High Voitage Overhead Lines. 13 CITY OF FORT WORTH THE CITADEL STANDARD CONSTRUCTION SPECIF[CATION DOCUb1ENTS —DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103496 Revised August, 30, 20I3 006125-6 DAP PROJECT RECORD DOCUMENTS Page 6 of 7 2 3 4 5 6 7 8 9 10 I1 12 13 EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: • . 14 15 16 17 18 19 20 21 22 23 24 25 26 2'7 28 z9 30 31 32 33 34 35 36 3'7 . ' • . > THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WI�L WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WI�L 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.> �� 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 OE FORT WORTH THE C[TADEL STANDARD CONSTRUCT[ON SPECI�ICAT[ON DOCU�tENTS —DEVELOPER AWARDED PROJECTS C[TY PROJECT NO. 103496 Re� ised Augus[, 30, 20 t 3 00 61 25 -'7 DAP PROJECT RECORD DOCUMENTS Page 7 of 7 1 � ExxIBiT B FORTWORTH �r � D4� 1'lC1. 7CXXlC E►roject tlame: NGITICE C?F t`EMPORARY WA?`ER S�RVICE II�IT�RRtXPTt4I�I DUE TQ UTIL1'I'Y IMP1tOVEMENTS iN YOUR NEIGI�BORHOOD, YOi7R WATER SERVXCE WILL BE INTERRUPTED g1V BETWEEN THE HOU12S OE AND IF YOU EiAVE QUESTIOT�IS ABOUT THYS SHUT-OUT, PLEASE CALL: MR. AT (COIVTRACTORS SUPEitiNTENDENT} (TELEPH�NE TiCJNTBEIi) �[�'7 MK. AT (CITY 1NSPECT�R) (TELEPHONE NUMBER} THIS ][VCONVENIENCE WILL BE AS SHbitT AS P�5SIBLE. THANK YOU, ,CONTRACTOR 3 4 CITY OF FORT WORTH THE C[TADEL STANDARD CONSTRUCTION SPECIFICATION DOCUnfENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO, t03496 Revised August, 30, 2013 006I25-1 DAP PROJECT RECORD DOGUMENTS Page 1 of 2 1 2 3 PART 1 - GENERAL SECTION Ol 45 23 TESTING AND INSPECTION SERVICES 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 10 11 12 1.2 13 14 15 16 17 18 19 20 21 22 23 24 C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding ReGuirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another form of distribution approved by the City. CITY OF FORT WORTH THE CITADEL STANBARD CONSTRUCTION SPGCIFICAT[ON DOCUn-1ENTS — DEVELOPER AWARDED PROJECTS C[Ti' PROJECT NO. 103496 Revised August 30, 2013 006125-2 DAP PROJECT RECORD DOCUMENTS Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1.5 19 1.6 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. Provide City's Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. SUBMITTALS [NOT USED] ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USEDJ 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USEDJ 22 23 24 25 26 27 28 29 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USEDJ l.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUiVIMARY OF CHANGE 30 CITY OF FORT WORTF[ 'fHE CITADEL STANDARD CONSTR[JCTfON SPECIFICATION DOCUAiENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103496 Revised Augus[ 30, 2013 006125-1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 1 2 3 PART 1 - GENERAL SECTION O1 50 00 TEMPORARY FACILITIES AND CONTROLS 4 l.l SUMMARY 5 A. Section Includes: 6 7 8 9 10 11 12 13 14 15 16 17 Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification l. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 20 21 A. Measurement and Payment Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water 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 CITY O� FORT WORTH THE CITADGL STANDARD CONSTRUCTION SPECIFICATION DOCUAILNTS — DEVGLOPER AWARDED PROJECTS CITY PRJECT NO. 103496 Revised JULY l, 201 I 006� zs-2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 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 1) Obtain construction water meter from City for payment as billed by City's established rates. 3. Electricity and Lighting a. Pravide and pay for electric powered service as required for Work, including testing of Work. 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 Provide and maintain sanitary facilities far 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 throughaut Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings l. 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. 5. Fili and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing l. Provide and maintain for the duration or construction when required in contract documents E. Dust Control C[TY OF FORT WORTH THE CITADLL STANDARD CONSTRUC'CION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PR]ECT NO. t03496 Re� ised JULY I, 20l I 00 61 25 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2Q 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on-call at all times b. Must respond in a timely manner F. Temporary Protection of Construction l. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT U5ED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITEJ CONDITIONS [NOT USED) 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED) 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE-INSTALLATION 3.7 FIELD (ox] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USEDJ 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities CI'CY OF FORT WORTH THE CITADEL STANDARD CONSTRUCTION SPECIFICAT[ON DOCUr-[ENTS — DEVELOPER AWARDED PRO]ECTS C[TY PRJECT NO. 103496 Revised IULY I, 201 I 006125-4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 1 1. Remove all temporary facilities and restore area after completion of the Work, 2 to a condition equal to or better than prior to start of Work. 3 3<12 PROTECTION [NOT USED] 4 3.13 MAINTENANCE [NOT USED) 3.14 ATTACHMENTS [NOT USED] � 7 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE C[TY OF FORT WORTH THE CITADEL STANDARD CONSTRLCTION SPECIFICATION DOCUn-1ENT5 — DEVELOPER AWARDED PROJECTS CITY PRJECT NO. 103496 Revised JULY L 20 t I 00 61 25 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 3 1 2 SECTION 01 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART 1- GENERAL 4 l.l SUMMARY 5 A. Section Includes: 6 1. Administrative procedures for: 7 a. Street Use Permit 8 b. Modification of approved traffic control 9 c. Removal of Street Signs 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 ]. 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 specificaliy cited. 25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 '71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. CtTY OE FORT WORTH TFiE CITADEL STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECi'S CITY PROIECT NO. 103496 Revised.luly l, 201I 00 61 2> - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 3 1 2 3 4 1) Allow a minimum of 5 working days for permit review. 2) Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. 5 C. Modification to Approved Traffic Control 6 1. Prior to installation traffic control: 7 a. Submit revised traffic control plans to City Department Transportation and 8 Public Works Department. 9 1) Revise Traffic Control plans in accordance with Section 34 71 13. 10 2) Allow minimum 5 working days for review of revised Traffic Control. 11 3) It is the Contractor's responsibility to coordinate review of Traffic Control 12 plans for Street Use Permit, such that construction is not delayed. 13 D. Removal of Street Sign 14 1. If it is determined that a street sign must be removed for construction, then contact 15 City Transportation and Public Works Department, Signs and Markings Division to 16 remove the sign. 17 l8 19 20 21 22 23 24 25 26 E. Temporary Signage L In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City's Buzzsaw website. 27 1.5 SUBMITTALS [NOT USED] 28 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 29 1.7 CLOSEOUT SUBMITTALS [NOT USED] 30 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 31 1.9 QUALITY ASSURANCE [NOT USED] 32 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 33 l.11 FIELD [SITE] CONDITIONS [NOT USED] 34 1.12 WARRANTY [NOT USED] 35 36 37 38 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OF FORT WORTH THE CITADEL STANDARD CONSTRUCTION SPECIFICATION DOCU�4ENTS — DEVELOPER AWARDED PROJECTS C[TY PROJECT NO. 103496 Revised July I, 201 I 00 61 25 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH THE CITADEL STANDARD CONSTRUCTION SPECIFICAT[ON DOCU�tENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103496 Rc�ised July l, 201 I 00 61 25 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 3 1 2 3 PART 1 - GENERAL 4 l.l SUMMARY 5 6 7 8 9 10 11 12 13 SECTION O1 57 13 STORM WATER POLLUTION PREVENTION A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 3. Section 31 25 00 — Erosion and Sediment Control 14 1.2 PRICE AND PAYMENT PROCEDURES 15 16 17 18 19 20 A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance A. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance Measurement and Payment shall be in accordance with Section 31 25 00. 21 1.3 REFERENCES 22 23 24 25 26 27 28 29 30 31 32 33 A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC B. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifieally cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. General 36 1. Contractor is responsible for resolution and payment of any fines issued associated 37 with compliance to Starmwater Pollution Prevention Plan. 38 CITY OF FORT WORTH THE CITADEL STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CI7'Y PROJECT NO. 103496 Recised July t, 2011 00 61 25 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 3 B. Construction Activities resulting in: 2 3 4 5 6 7 $ 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 z$ 29 30 31 32 33 34 35 36 37 38 39 1. Less than 1 acre of disturbance a. Provide erosian and sediment control in accordance with Section 31 25 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR 150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b} The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. TeYas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) ' TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXRI50000 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 48 A. SWPPP 1. Submit in accordance with Section O1 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy af SWPPP to the City as follows: 1) 1 copy to the City Projeet Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review CITY OF PORT WORTH THE C[TADEL STANDARD CONSTRUCTION SPECIFICATION DOCUhtENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 10349G Revised July l, 201 I 00 61 25 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Secfion O1 33 00. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINT�NANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 111 FIELD [SITE] CONDITIONS [NOT USED] 112 WARRANTY [NOT USED] PART 2 - -PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 15 CITY OF FORT WORTH THE CI"CADEL STANDARD CONSTRUCTION SPECIFICATION DOCUA4ENTS — DEVELOPER AWARDED PROJECTS CITY PR0IECT NO. 103496 Revised luly l, 201 I 00 61 25 - 1 DAP PROJECT RECORD DOCUMENTS Page I of 2 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 SECTION 0160 00 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: l. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. A list of City approved products for use is located on Buzzsaw as follows: 1. Resources\02 - Construction Documents\Standard Products List B. Only products specifcally inciuded on City's Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. C. Any specific product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. The City reserves the right to not allaw products to be used for certain projects even though the product is listed on the City's Standard Product List. D. Although a specific product is included on City's Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer's standard product. E. See Section O l 33 00 for submittal requirements of Product Data included on City's Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED) 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] C[TY OF FORT WORTH THE CITADEL STANDARD CONSTRUCTION SPECIFICAT(ON DOCUn4ENTS — DEVELOPER AWARDED PROJECTS CITY PRO)ECT NO. 103496 Revised April 7, 2014 006125-2 DAP PROJECT RECORD DOCUMENTS Page 2 of 2 l.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] 4 PART 3- EXECUTION [NOT USED] END OF SECTION C� Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Jolmson Modified Location of City's Standard Product List 4/7/2014 M.Domenech Revised for DAP application CITY OF fORT WORTH THE CITADEL STANDARD CONSTRUCTION SPECIFICATION DOCUniENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103496 Revised Apnl 7, 2014 016600-1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 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 SECTION Ol 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1 - GENERAL l.l SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT US�D] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS (NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements l. Schedule delivery ofproducts or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. CITY OP FORT WORTH 7'HE CITADEL STANDARD CONSTRUCTION SPECIFICATION DOCU�4ENTS — DEV�LOPER AWARDED PROJECTS CITY PROJECT NO. 103496 Revised April 7, 2014 016600-2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 I 2 3 4 5 6 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 8 9 10 11 12 1. Handle products or equipment in accordance with these Contract Documents and manufacturer's recommendations and instructions. C. Storage Requirements l. Store materials in accordance with manufacturer's recommendations and 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 ar 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 23 24 25 26 27 28 29 30 31 3z 33 34 35 36 37 38 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City's Project Representative. 5. Provide off-site storage and protection when on-site storage is not adequate. a. Provide addresses of and access to off-site storage locations for inspection by City's Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers' unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to praperty owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City's Project Representative. a. Totat length which materials may be distributed along route of construction at one tirne is 1,000 linear feet, unless otherwise approved in writing by City's Project Representative. CITY OF FORT WORTH THE CITADCL STANDARD CONSTRUCTION SPECIF(CATtON DOCU�tENTS — DEVELOPER AWARDED PROJECTS CITY PROJEC'f NO. 10349G Revised April 7, 2014 016600-3 DAP PRODUCT STORAGE AND NANDLING REQUIREMENTS Page 3 of 4 1 2 3 4 5 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 l.11 FIELD [SITE] CONDITIONS [NOT USEDJ 112 WARRANTY [NOT USED] PART 2 - PRODUCTS (NOT USED] PART3-EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH THE CITADEL STANDARD CONSTRUCTION SPECIFICATION DOCUI�4ENTS —DEVELOPER .4WARDED PRQJECTS CITY PROJHCT NO. 103496 Revised Aprit 7, 2014 Ot 6600-4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY Of FORT WORTH THE C[TADEL STANDARD CONSTRUCTfON SPECICICATION DOCUntENTS — DEVELOPER AWARDED PROJECTS C[TY PROJECT NO. 103496 Rerised April 7, 2014 o��000-� MOBILIZAT[ON AND REMOBILIZATION Page 1 of 4 2 3 PART1- GENERAL SECTION Ol 70 00 MOBILIZATION AND REMOBILIZATION 4 1.1 SUMMARY 5 A. Section Includes: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation af Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization CITY OF FORT WORTH The Citadel STANDARD CONSTRUCTION SPECIF[CAT[ON DOCUMENTS City Project No. t03496 Revised November 22, 2016 oi �000-z MOBILIZAT[ON AND REMOBILIZATION Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor's operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification 1. None. 21 C. Related Specification Sections include, but are not necessarily limited to: 22 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 23 2. Division 1— General Requirements 24 1.2 PRICE AND PAYMENT PROC�DURES 25 A. Measurement and Payment [Consult City Department/Division for direction on if 26 Mobilization pay item to be included or the item should be subsidiary. Include the 27 appropriate Section 1.2 A. l.) 28 1. Mobilization and Demobilization 29 1) This Item is considered subsidiary to the various Items bid. 30 b. Payment 31 1) The work performed and materials furnished in accordance with this Item 32 are subsidiary to the various Items bid and no other compensation will be 33 allowed. 34 c. Measurement 35 1) Measurement for this Item shall be per each remobilization performed. 36 d. Payment 37 1) The work performed and materials furnished in accordance with this Item 38 and measured as provided under "Measurement" will be paid for at the unit 39 price per each "Specified Remobilization" in accordance with Contract 40 Documents. 41 e. The price shall include: 42 1) Demobilization as described in Section 1.1.A.2.a.i) 43 2) Remobilization as described in Section I.l.A.2.a.2) 44 £ No payments will be made for standby, idle time, or lost profits associated this 45 Item. 46 Z. Remobilization for suspension of Work as required by City CITY OF FORT WORTH "Che Citadei STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103496 Revised November 22, 2016 017000-3 MOBILIZATION AND REMOBILIZATION Page 3 of 4 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 a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 '72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 3. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization reGuired by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Work Order Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price sliall include: 1) Mobilization as described in Section I.I.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 4. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Work Order Emergency Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section I.1.A3.a.2) d. Na payments will be made for standby, idle time, or lost profits associated this Item. 36 1.3 REFERENCES [NOT USED] 37 1.4 ADMINISTRATNE REQUIREMENTS [NOT USED] 38 1.5 SUBMITTALS [NOT USED] 39 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 40 1.7 CLOS�OUT SUBMITTALS [NOT USED] 41 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 42 1.9 QUALITY ASSURANCE [NOT USED] 43 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OP FORT WORTFI The Citadel STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103496 Revised November 22, 2016 017000-4 MOBILIZAT[ON AND REMOBIL[ZATION Page 4 of 4 1 l.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION [NOT USED] 5 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 11/22/16 Michael Owen ��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 The Citadel STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS City Project No. 103496 Revised November 22, 2016 O17123-1 CONSTRUCTION STAKING AND SURVEY Page I of 8 � 3 PART1- GENERAL 4 l.l SUMMARY 5 6 7 8 9 10 11 12 1.2 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 SECTION Ol 71 23 CONSTRUCTION STAKING AND SURVEY A. Section Includes: 1. Requirements for construction staking and construction survey B. Deviations from this City of Fort Worth Standard Specification 1. See Changes (Higl�lighted in Yellow). C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Staking a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Construction Survey a. Measurement 1} This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 3. As-Built Survey a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. CITY OF FORT WORTH The Citadel STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS — DEVELOPER AWARDED PROJECTS City Projcct No. 103496 Revised February 14, 2018 017123-2 CONSTRUCT[ON STAKING AND SURVEY Page 2 of S 1 1.3 REFERENCES 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. Definitions 1. Construction Survev - The survey measurements made prior to or while construction is in progress to control elevation, horizontal position, dimensions and configuration of structures/improvements included in the Project Drawings. 2. As-built Survev —The measurements made after the construction of the improvement features are complete to provide position coordinates for the features of a project. 3. Construction Stakin� — The placement of stakes and markings to provide offsets and elevations to cut and fill in order to locate on the ground the designed structures/improvements included in the Project Drawings. Construction staking shall include staking easements and/or right of way if indicated on the plans. 4. Survey "Field Checks" — Measurements made after construction staking is completed and before construction work begins to ensure that structures marked on the ground are accurately located per Project Drawings. B. Technical References 1. City of Fort Worth — Construction Staking Standards (available on City's Buzzsaw website) — O 1 71 23.16.01_ Attachment A_Survey Staking Standards 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available on City's Buzzsaw website). 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land Surveying in the State of Texas, Category 5 25 1.4 ADMINISTRATIVE REQUIREMENTS 26 A. The Contractor's selection of a surveyor must comply with Texas Government 27 Code 2254 (qualifications based selection) for this Project. 28 1.5 SUBMITTALS 29 A. Submittals, if required, shall be in accordance with Section O1 33 00. 30 B. All submittals shall be received and reviewed by the City prior to delivery of work. 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 32 33 34 35 36 37 A. Field Quality Control Submittals 1. Documentation verifying accuracy of field engineering work, including coordinate conversions if plans do not indicate grid or ground coordinates. 2. Submit "Cut-Sheets" conforming to the standard template provided by the City (refer to 01 71 23.16A 1— Attachment A— Survey Staking Standards). 38 1.7 CLOSEOUT SUBMITTALS 39 B. As-built Redline Drawing Submittal CITY OF FORT WORTH The Citadel STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103496 Revised February 14, 2018 017123-3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 1 1. Submit As-Built Survey Redline Drawings documenting the locations/elevations of 2 constructed improvements signed and sealed by Registered Professional Land 3 Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 — Attachment A 4 — Survey Staking Standards). 5 2. Contractor shall submit the proposed as-built and completed redline drawing 6 submittal one (1) week prior to scheduling the project final inspection for City 7 review and comment. Revisions, if necessary, shall be made to the as-built redline 8 drawings and resubmitted to the City prior to scheduling the construction final 9 inspection. 10 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] �I 12 13 1.9 QUALITY ASSURANCE A. Construction Staking 1. Construction staking will be performed by the Contractor. 14 2. Coordination 15 a. Contact City and Developer's �'rojeetlRepresentative at least one week in 16 advance notifying the City of when Construction Staking is scheduled. 17 b. It is the Contractor's responsibility to coordinate staking such that 18 construction activities are not delayed or negatively impacted. 19 3. General 20 a. Contractor is responsible for preserving and maintaining stakes. If City 21 surveyors or Developer',s Project Representative are required to re-stake for 22 any reason, the Contractor will be responsible for costs to perform staking. If 23 in the opinion of the City, a sufficient number of stakes or markings have been 24 lost, destroyed disturbed or omitted that the contracted Work cannot take place 25 then the Contractor will be required to stake or re-stake the deficient areas. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 B. Construction Survey 1. Construction Survey will be performed by the Contractor. 2. Coordination a. Contractor to verify that horizontal and vertical control data established in the design survey and required for construction survey is available and in place. 3. General a. Construction survey will be performed in order to construct the work shown on the Construction Drawings and specified in the Contract Documents. b. For construction methods other than open cut, the Contractor shall perform construction survey and verify control data including, but not limited to, the following: 1) Verification that established benchmarks and control are accurate. 2) Use of Benchmarks to furnish and maintain all reference lines and grades for tunneling. 3) Use of line and grades to establish the location of the pipe. 4) Submit to the City copies of field notes used to establish all lines and grades, if requested, and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City, if requested, to verify the guidance system and the line and grade of the carrier pipe. CITY OF FORT WORTH The Citadel STANDARD CONSTRUCTION SPECIF[CAT[ON DOCUMENTS — DEVELOPER AWARDED PROJECTS Ciry Proiect No. 103496 Revised February 14, 2018 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 8 1 2 3 4 5 6 7 8 9 10 11 t2 13 14 15 16 i7 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 6) The Contractor remains fully responsible for the accuracy of the work and correction of it, as required. 7) Monitor line and grade continuously during construction. 8) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to the City. 9) If the installation does not meet the specified tolerances (as outlined in Sections 33 OS 23 and/or 33 OS 24), immediately notify the City and correct the instaliation in accordance with the Contract Documents. C. As-Built Survey Required As-Built Survey will be performed by the Contractor. 2. Coordination a. Contractor is to coordinate with City to confirm which features require as- built surveying. b. It is the Contractor's responsibility to coordinate the as-built survey and required measurements for items that are to be buried such that construction acttvities are not delayed or negatively impacted. c. For sewer mains and water mains 12" and under in diameter, it is acceptable to physically measure depth and mark the location during the progress of construction and take as-built survey after the facility has been buried. The Contractor is responsible for the quality control needed to ensure accuracy. 3. General a. The Contractor shall provide as-built survey including the elevation and location (and pravide written documentation to the City) of construction features during the progress of the construction including the following: 1) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Minimum every ZSO linear feet, including (2) Horizontal and vertical points of inflection, curvature, etc. (3} Fire line tee (4) Plugs, stub-outs, dead-end lines (5) Casing pipe (each end) and all buried fittings 2) Sanitary Sewer a) Top of pipe elevations and coordinates for force mains and siphon sanitary sewer lines (non-gravity facilities) at the following locations: (1) Minimum every 250 linear feet and any buried fittings (2) Horizontal and vertical points of inflection, curvature, etc. 3) Stormwater—NotApplicable b. The Contractor shall provide as-built survey including the elevation and location (and provide written documentation to the City} of construction features after the construction is completed including the following: 1) Manholes a) Rim and flowline elevations and coordinates for each manhole 2) Water Lines a) Cathodic protection test stations b) Sampling stations c} Meter boxes/vaults (All sizes) CITY OF FORT WORTH The Citadel STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103496 Revised February 14, 2018 01 71 23 - 5 CONSTRUCT[ON STAKING AND SURVEY Page 5 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 i5 16 d) Fire hydrants e) Valves (gate, butterfly, etc.) fl Air Release valves (Manhole rim and vent pipe) g) Blow off valves (Manhole rim and valve lid) h) Pressure plane valves i) Underground Vaults (1) Rim and flowline elevations and coordinates for each Underground Vault. 3) Sanitary Sewer a) Cleanouts (1) Rim and flowline elevations and coordinates for each b) Manholes and Junction Structures (1) Rim and flowline elevations and coordinates for each manhole and junction structure. 4) Stormwater — Not Applicable 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 17 1.11 FIELD [SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY 19 PART 2 - PRODUCTS 20 A. A construction survey will produce, but will not be limited to: 21 1. Recovery of relevant control points, points of curvature and points of intersection. 22 2. Establish temporary horizontal and vertical control elevations (benchmarks) 23 sufficiently permanent and located in a manner to be used throughout construction. 24 3. 25 26 27 28 29 30 4. 31 32 33 5. 34 35 36 37 38 6. 39 The location of planned facilities, easements and improvements. a. Establishing final line and grade stakes for piers, floors, grade beams, parking areas, utilities, streets, highways, tunnels, and other construction. b. A record of revisions or corrections noted in an orderly manner for reference. c. A drawing, when required by the client, indicating the horizontal and vertical location of facilities, easements and improvements, as built. Cut sheets shall be provided to the City inspector and Survey Superintendent for all construction staking projects. These cut sheets shall be on the standard city template which can be obtained from the Survey Superintendent (S 17-392-7925). Digital survey files in the following formats shall be acceptable: a. AutoCAD (.dwg) b. ESRI Shapefile (.shp) c. CSV file (.csv), formatted with X and Y coardinates in separate columns (use standard templates, if available) Survey files shall include vertical and horizontal data tied to original project control and benchmarks, and shall include feature descriptions 40 PART 3 - EXECUTION 41 3.1 INSTALLERS CITY OF FORT WORTH The Citadel STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103496 Revised ['ebruary 14, 2018 o� �� zs-6 CONSTRUCTION STAK[NG AND SURVEY Page 6 of 8 A. Tolerances: 2 l. The staked location of any improvement or facility should be as accurate as 3 practical and necessary. The degree of precision required is dependent on many 4 factors all of which must remain judgmental. The tolerances listed hereafter are 5 based on generalities and, under certain circumstances, shall yield to specific 6 requirements. The surveyor shall assess any situation by review of the overall plans 7 and through consultation with responsible parties as to the need for specific 8 tolerances. 9 a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical 10 tolerance. Horizontal alignment for earthwork and rough cut should not exceed 11 1.0 ft. tolerance. 12 b. Horizontal alignment on a structure shall be within .0.1 ft tolerance. 13 c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and 14 walkways shall be (ocated within the confines of the site boundaries and, 15 occasionally, along a boundary or any other restrictive line. Away from any 16 restrictive line, these facilities should be staked with an accuracy producing no 17 more than O.OSft, tolerance from their specified locations. 18 d. Underground and overhead utilities, such as sewers, gas, water, telephone and 19 electric lines, shall be located horizontally within their prescribed areas or 20 easements. Within assigned areas, these utilities should be staked with an 21 accuracy producing no more than 0.1 ft tolerance from a specified location. 22 e. The accuracy required for the vertical location of utilities varies widely. Many 23 underground utilities require only a minimum cover and a tolerance of 0.1 ft. 24 should be maintained. Underground and overhead utilities on planned profile, 25 but not depending on gravity flow for performance, should not exceed 0.1 ft. 26 tolerance. 27 B. Surveying instruments shall be kept in close adjustment according to manufacturer's 28 specifications or in compliance to standards. The City reserves the right to request a 29 calibration report at any time and recommends regular maintenance schedule be 30 performed by a certified technician every 6 months. 31 1. Field measurements of angles and distances shall be done in such fashion as to 32 satisfy the closures and tolerances expressed in Part 3.1.A. 33 2. Vertical locations shall be established from a pre-established benchmark and 34 checked by closing to a different bench mark on the same datum. 35 3. Construction survey field work shall correspond to the client's plans. Irregularities 36 or conflicts found shall be reported promptly to the City. 37 4. Revisions, corrections and other pertinent data shall be logged for future reference. 38 39 3.2 EXAMINATION [NOT USED] 40 3.3 PREPARATION (NOT USED] 41 3.4 APPLICATION 42 3.5 REPAIR / RESTORATION 43 A. If the Contractor's work damages or destroys one or more of the control 44 monuments/points set by the City or Developer's'Project Representative, the monuments 45 shall be adequately referenced for expedient restoration. CITY OF FORT WORTH The Citade( STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103496 Revised February 14, 2018 017123-7 CONSTRUCTION STAK[NG AND SURVEY Page 7 of 8 1 2 3 4 5 6 7 8 3.6 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USEDJ 3.14 ATTACHMENTS [NOT USED] 9 3.7 FIELD [ox] SITE QUALITY CONTROL 10 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 11 City or Developer's Project Representative in accordance with this Specification. This 12 includes easements and right of way, if noted on the plans. 13 B. Do not change or relocate stakes or control data without approval from the City. 14 3.8 SYSTEM STARTUP 15 A. Survey Checks 16 1. The City reserves the right to perform a Survey Check at any time deemed 17 necessary, 18 2. Checks by City personnel ar 3`d party contracted surveyar are not intended to 19 relieve the contractor of his/her responsibility for accuracy. 20 21 3.9 ADJUSTING [NOT USED] 22 23 24 25 26 2'7 28 1. Notify City or Developer's Project'Representative if any control data needs to be restored or replaced due to damage caused during construction operations. a. Contractor shall perform replacements and/or restorations. b. The Cily or Developer's Project Represeniative may require at any time a survey "Field Check" of any monument or benchmarks that are set be verified by the City surveyars o'r Developer's Praject Repres�ntative before further associated work can move forward. RE-INSTALLATION [NOT USED] END OF SECTION Revision Log DATE NAME SI.JMMARY OF CHANGE 8/31/2012 D.Johnson Added instruction and modified measurement & payment under 1.2; added 8/31/201'7 M. Owen definitions and references under 1.3; modified 1.6; added 1.7 closeout submittal requirements; modified 1.9 Quality Assurance; added PART 2— PRODUCTS ; Added 3.1 Installers; added 3.5 Repair/Restoration; and added 3.8 System Startup. Removed "blue texY ; revised measurement and payment sections for Construction 2/14/2018 M Owen Staking and As-Built Survey; added reference to selection compliance with TGC 2254; revised action and Closeout submittal re uirements; added acce table de th CITY OF fORT WORTH The Citadel STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103496 Revised rebruary 14, ZO18 017123-8 CONSTRUCTION STAK[NG AND SURVEY Page 8 of 8 �ment criteria; revised list of items requiring as-built survey "during" and construction; and revised acceptable digital survey file format CITY OF FORT WORTH The Citadet STANDAItD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROIECTS City Project No. t03496 Revised February 14, 2018 017423-t DAP CLEANING Page l oF4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2l 22 23 24 25 26 27 28 29 30 31 32 33 SECTION O1 74 23 CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 3. Section 32 92 13 — Hydro-Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED) 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. C[TY OF FORT WORTH THE CITADE[, STANDARD CONSTRUCTfON SPECICICAT[ON DOCUAQENTS — DGVELOPER AWA2DED PROJECTS CITY PROJ�CT NO. 103496 Revised Apri17, 2014 017423-2 DAP C�EANWG Page 2 of4 1 2 3 4 5 6 7 8 9 10 ll 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 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART2-PRODUCTS 2.1 OWNER-FURNISHED [oa] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturei• 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD (ox] 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 authorit'res. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thimler 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. C[TY' OF FORT WORTH THE CIT.4DLL STANDARD CONSTRUCTION SPECiF[CATION DOCU�t[NTS — DEVELOPER AWARDED PROJECTS C[TY PROJECT NO. 103496 Revised April 7, 20i4 017423-3 DAP CLEANING Page 3 of 4 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on-site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Naul from site at a minimum of once per week 4. Vacuurn clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all laose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. Clean signs, lights, signals, etc. 32 3.11 CLOSEOUT ACTIVITIES [NOT USEDj 33 3.12 PROTECTION [NOT USED] 34 3.13 MAINTENANCE [NOT USED] 35 36 37 38 39 40 3.14 ATTACHMENTS [NOT USED� 41 END OF SECTION C[TY OF FORT WORTH THE CIT.qDEL STANDARD CONSTRUCTION SPECIFICATION DOCUnf[NTS — DEVELOPER AWARDED PROJECTS CITY PROJECT N0. 103496 Revised Apri17,2014 o� �az3-a DAP CLEANWG Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CfTY OF FOR'C WORTH THE CITADEL STANDARD CONS'fRUCT[ON SPECIFICATION DOCUAtENTS — DEVELOPER AWARDED PROIECTS CITY PROJECT NO. 103496 Revised April 7, 20l4 017719-1 DAP CLOSEOUT REQUIREMENTS Page I of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SECTION Ol 7� 19 CLOSEOUT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification l. None. 1.2 1.3 1.4 1.5 C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 1. Division 1— General Requirements PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. REFERENCES [NOT USED] � ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. SUBMTTTALS A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH THE CIT.ADEL STANDARD CONSTRUCT[ON SPECIPICATION DOCU�-1ENTS — DEVELOPER AWARDGD PROJECTS CITY PROJECT NO. 103496 Revised Apnl 7, 2014 017719-2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USEDj 3 PAT 2- PRODUCTS [NOT USEDJ 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 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 i� 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: l. Project Record Documents in accordance with Section O1 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section O1 74 23. C. FinalInspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this iilspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written natice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f, Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion C[TY OP FORT WORTH THE CITADEL STANDARD CONSTRUCTION SPEC[FICATION DOCUntENTS — DEVELOPER AWARDED PR�JECTS C[TY PROJECT NO. 103496 Re�-ised Apri17, 2014 017719-3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 3.5 18 3.6 19 3.'7 20 3.8 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 l. 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. Perforrnance 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. REPAIR / RESTORATION [NOT USED] RE-INSTALLATION [NOT USED] FIELD [ou] SITE QUALITY CONTROL [NOT USED] SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING [NOT USED] 23 3.11 CLOSEOUT ACTIVITIES [NOT USED] 24 3.12 PROTECTION [NOT USED] 25 3.13 MAINTENANCE [NOT USED] 26 3.14 ATTACHMENTS [NOT USED] 27 28 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 29 CITY OF FORT WORTH THE CITADEL STANDARD CONSTRUCTION SPEC[FICATION DOCUn1ENTS —DEVGLOPER AWARDED PROJECTS CITY PROJECT NO. 103496 Revised Apnl 7, 2014 017823-1 DAP OPERAT[ON AND MAINTENANCE DATA Page l of 5 1 2 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 1.2 18 19 20 21 1.3 22 1.4 23 24 25 26 1.5 SECTION Ol 78 23 OPERATION AND MAINTENANCE DATA A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) a Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiaiy to the various Items bid. No separate payment will be allowed for this Item. REFERENCES (NOT USED] ADMINISTRATIVE REQUIREMENTS A. Schedule l. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. SUBMITTALS 27 A. Submittals shall be in accordance with Section O1 33 00. All submittals shall be 28 approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 31 32 33 34 35 36 37 38 39 A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8%z inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer's printed data, or neatly typewritten C[TY OF FORT WORTH THE CITADC-L STANDARD CONSTRUCTION SPECIFICAT[ON DOCUI�fENTS — DEVLLOPER AWARDED PROJECTS C[TS' PROJECT NO. 103496 Revised Apnl 7, 20I4 017823-2 DAP OPERATtON AND MAINTENANCE DATA Page 2 of 5 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 2b 27 28 29 30 31 32 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 33 2. Product Data 34 a. Include only those sheets which are pertinent to the specific product. 35 b. Annotate each sheet to: 36 1) Clearly identify specific product or part installed 37 2) Clearly identify data applicable to installation 38 3) Delete references to inapplicable information 39 3. Drawings 40 a. Supplement product data with drawings as necessary to clearly illustrate: 41 1) Relations of component parts of equipment and systems 42 2) Control and flow diagrams 43 b. Coordinate drawings with information in Project Record Documents to assure 44 correct illustration of completed installation. 45 c. Do not use Project Record Drawings as maintenance drawings. 46 4. Written text, as required to supplement product data for the particular installation: 47 a. Organize in consistent format under separate headings for different procedures. 48 b. Pravide logical sequence of instructions of each procedure. CITY OP FORT WORTH THE CITADEL STANDARD CONSTRUCTION SPECIFICATION DOCU�tENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT N0. 103496 Revised Aprtl 7, 2014 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 1 2 3 4 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes � 1. Submit 5 copies of complete manual in final form. 7 2. Content, for architectural products, applied materials and finishes: 8 a. Manufacturer's data, giving full information on products 9 1) Catalog number, size, composition 10 2) Color and texture designations 11 3) Information required for reordering special manufactured products 12 b. Instructions for care and maintenance 13 1} Manufacturer's recommendation for types of cleaning agents and methods 14 2) Cautions against cleaning agents and methods which are detrimental to 15 product 16 3) Recommended schedule for cleaning and maintenance 17 3. Content, for moisture protection and weather exposure products: 18 a. Manufacturer's data, giving full information on products 19 1) Applicable standards 20 2) Chemical composition Z1 3) Details of installation 22 b. Instructions for inspection, maintenance and repair 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. 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 Z) 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. Descriptian of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams C[TY OF FORT WORTH THE CtTADEL STANDARD CONSTRUCT[ON SPECIFICATION DOCUhfENTS — DEVELOPER AWARDED PROIECTS CITY PROJECT NO. 103496 Reeised April 7, 2014 01 78 23 - 4 DAP OPERAT[ON AND MA[NTLNANCE DATA Page 4 of 5 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 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3} Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 1.8 MAINTENANCE MATERIAL 5UBMITTALS [NOT USED] 32 1.9 33 34 35 36 37 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH THL CITADEL STANDARD CONSTRUCTION SPCCiFICATION DOCUb1ENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103496 Revised Apnl 7, 2014 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 111 FIELD [SITE] CONDITIONS [NOT U5ED] 3 1.12 WARRANTY [NOT USED] 4 PART 2- PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] � 7 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.S.A.1 — title of section removed 4/7/2014 M.Domenech Revised for DAP Application g CITY OP FORT WORTH TFiB C[TADEL STANDARD CONSTRUCTION SPECIFICAT[ON DOCU�4ENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 10349G Revised April 7, 2014 017839-1 DAP PROJECT RECORD DOCUMENTS Page i of 4 1 2 3 PART 1 - GENERAL 4 1.1 SUMMARY SECTION Ol 78 39 PROJECT RECORD DOCUMENTS 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 1 1 d, Large Water Meter Reports 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 15 16 17 18 19 20 21 1.3 22 1.4 C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.3 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. REFERENCES [NOT USED] 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 28 29 30 31 32 33 34 35 36 37 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MAT�RIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other pocuments where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. CITY OF FORT WORTH 'CHE CtTADEL STANDARD CONSTRUCTtON SPECIFICAT(ON DOCUbtENTS — DEVELOPER AWARDED PROIECTS CITY PROJECT NO. 10349G Re��ised Apnl 7, 2014 01 7$ 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessa�y to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS 18 2.1 OWNER-FURNISHED [oaj OWNER-SUPPLIED PRODUCTS [NOT USEDj 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 [NUT USED] 28 PART 3 - EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION (NOT USED] 31 32 33 34 35 36 37 38 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Docurnents with the title, "RECORD DOCUMENTS - JOB SET". C(TY OF P'ORT WORTH THE C(TADEL STANDARD CONSTRUCTION SPECIFICATION DOCUhIENTS — DEVELOPER AWA2DED PROJECTS CITY PROIECT NO, 10349G Revised Apnl 7, 2014 017839-3 DAP PROJECT RECORD DOCUMENTS Page 3 oY'4 1 2 3 4 5 6 7 8 9 1Q 11 12 13 l4 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 Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or iildelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a"cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors far the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like}. 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in wciting by the City. B. Final Project Record Documents Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a"cloud" around the area or areas affected. CITY OF fORT WORTf I THE CITADEL STANDARD CONSTRLCT[ON SPECIFICATION DOCU�tENTS — DEVELOPER AWARDED PROIECTS CITY PROIECT NO. 10349G Rerised Apri( 7, 2014 017839-4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 3.5 3.6 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other pocuments 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. REPAIR / RESTORATION [NOT USED] RE-INSTALLATION [NOT USED] 14 3.7 FIELD [oa] SITE QUALITY CONTROL [NOT USED] 15 3.8 SYSTEM STARTUP [NOT USED] 16 3.9 ADJUSTING [NOT USED] 17 3.10 CLEANING [NOT USED] 18 3.11 CLOSEOUT ACTIVITIES [NOT USED] 19 3.12 PROTECTION [NOT USED] 20 3.13 MAINTENANCE [NOT USED] 21 3.14 ATTACHMENTS [NOT USED] 22 23 24 25 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application CITY OF ['ORT WORTH THE CIT,4DEL STANDARD CONSTRUCTION SPECIFICAT[ON DOCU�tENTS — DEVELOPER AWARDED PROJGCTS CITY PROJECT NO. l03496 Revised April 7, 20t4 � }i� �a�� i a 1�� f � I, �e � �� ,__ �� 1 y�.�� ` �� , �. � �.. � sa; CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST 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. ' From Original Standard Products List CITY OF FORT WORTH FORT WI�RTH� Wf1TER DEPARTMENT STANDARD PRODUCT LIST Updated:lt/OS/2021 • Fmm Original5tandard Pmducts List CITY Or FORT WORTFI FORT W4RTH� WATER DEPARTMENT � � STANDARD PRODUCT LIST UpJnted: I 1/08/2021 Prom Onginal5tandard Products List �xT CITY OT FORT WORTH �QRT Y1'C}RTH, WATER DEPARTMENT "'�� STANDARD PRODUCT LIST Updated: 11/OSR021 ' From Original Standard Products List CITY OF FORT WORTH FaR�r WoxTx,3 WATER DEPARTMENT �� STANDARD PRODDCT LIST Upd»ted: 11/08/2021 • From Original Standard Products List CITY Or FORT WORTA Ft1RT VVORTH� WATER DEPARTM�NT �~ STANDARD PRODUCT LIST Updated: 11lOS/2021