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Contract 61549-PM1
FORT WORTH. CONTRACT FOR THE CONSTRUCTION OF CSC No. 61549-PM1 WATER, SEWER, DRAINAGE, PAVING, STREET LIGHT, AND TRAFFIC SIGNAL TO SERVE NORTHSTAR WEST PHASE 3 JUNE 2024 IPRC Record No. 23-0051 City Project No. 104824 FID No. 30114-0200431-104824-EO7685 File No. W-2932 X File No. X-27761 Mattie Parker David Cooke Mayor City Manager Chris Harder, P.E. Director, Water Department Lauren Prieur, P.E. Interim Director, Transportation and Public Works Department OF 7..�1 ®* .............................. ® BRENNAN PLEMONS i 0.................................® ® -0% 141467 : Q® 9• � t���� .!/CENSEO•G\��� t°ss�o ..... 04/23/2024 Prepared for The City of Fort Worth Peloton Land Solutions 9800 Hillwood Parkway, Suite 250 Fort Worth, TX 76177 (817) 562-3350 Firm No. 12207 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 5 SECTION 00 0010 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions 00 11 13 layiia4ion t Bidders 21 t Last Revised 03,QO/2020 00 13 00 41 00 00 42 43 0043 13 lastfuetions Bidde :s Bid Fert Proposal Form Unit Price Bid Ben 03 QO/2020 04 in s 05/22/2019 04 in 4 0045 Prequalification Statement ,/02/2014 09/01/2015 00 45 12 00 45 26 Contractor Compliance with Workers' Compensation Law Mine Business E i 04/02/2014 nQ i 004540 00 52 43 -ity fAer-prise Ge Agreement a 06/16/2016 00 61 25 Certificate of Insurance 07/01/2011 00 62 13 Performance Bond 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 00 7200 Maintenance Bond Genef.,i Conditions 01/31/2012 i ii ii T 00 73 00 0073 10 S"piomentafy r,,.,difi np Standard City Conditions of the Construction Contract for Developer n7inm�vzi 01/10/2013 Awarded Projects Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting D-&*eet 08/30/2013 i2ni i 013120 01 32 33 Meetings Preconstruction Video �z 07i01 08/30/2013 01 33 00 Submittals 08/30/2013 01 35 13 Special Project Procedures 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 60 00 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization] 04/07/2014 01 71 23 Construction Staking] 04/07/2014 01 74 23 Cleaning 04/07/2014 0177 19 Closeout Requirements 04/07/2014 01 78 39 Project Record Documents 04/07/2014 CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 5 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httD:Hfortworthtexas.2ov/tpw/contractors/ or httvs:Happs.fortworthtexas.2ov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 02 41-13 Seleetive Site De,.,el;tie 12/rz�20A2012 0241 14 Utility Removal/Abandonment 12/20/2012 0241 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 12/20/2012 03 ?/1 13 ('',fAr-elle,l row St..en,.tt, T\a.,te-i l irr SM4 12/�12 0380 00 Meth; etieas to E*istiag Genefete Straetufes 12/�Q Division 26 - Electrical 26 05 00 Common Work Results for Electrical 11/22/2013 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011 26 05 50 Communications Multi -Duct Conduit 02/26/2016 Division 31- Earthwork 3,�0 Site rg 11 Piz 31�o U- alas F;e,a E ea-y ti 01 /gin 312323 23 BOFFO o1 /o Q�3 31400 En. b "Ir' tG 01/0 4zz 013 31 25 00 Erosion and Sediment Control 12/20/2012 31 37 00 Riprap 12/20/2012 Division 32 - Exterior Improvements 27� Pei= ,..., epA Asphalt Pa-y ng Repa ,- 12/'fr�-204201z Z7�88 32 01 29 Tem pef:aff A s..hak Pa-y ng De..ai Concrete Paving Repair 12/'f�zr20A201z 12/20/2012 32 1123 32 1129 Fle*ible Base Getffses Lime Treated Base Courses Q/20aoill 12/20/2012 32 1133 Z7�T Eawyint Traa4ea Base r Liquid Tfy te.l Soil St.,l. 12/20A2012 08/2_5 'i7�o 32 1273 Asphalt It Paving kcoa-Zalt f 1 71 /7 z 12/�12 32 13 13 Concrete Paving 12/20/2012 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 32 1373 Concrete Paving Joint Sealants 12/20/2012 32 14 16 lfial TU:Xt, ,4Rg 11 / CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016 32 1723 32 5 3231 3 '27�0 Pavement Markings Cw-b Address Paip ing Chain >;enees and Gates Wire Fences .-ad r-a4es 11/22/2013 1 11 1 /�13 12/�r2 12/�12 'i7�9 '27�3 27� 32 92 13 '27�3• WeedFenees and Gates Cast i Dlaee r.,., e -ete Retaining A7., Tepseil Dl... efne..t ..a.1 Finishing of D..,-k.. ays Hydro -Mulching, Seeding, and Sodding Tf:ees and C`L.,.ubs 11 /�12 06/05/-204-9 12/7zz�-zv42viz 12/20/2012 12/'f�rzvriviz Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 12/20/2012 33 0131 Cllosed Circuit Television (CCTV) Inspection 03/03/2016 Z Z� v 33 04 10 7 rW PU. /.rg „f Existing Sewer- Systems joint Bea.a:n.. a -a Qeetfieal isel.,tie !-'ent.-..1 Test St.,tiens 1 2 /'fr�-zvriviz 12/7zzrzvaviz 12/7zzr20a012 33 04 33 04 12 33 04 30 C..,-.-esie.. >\aagnesiti node C tt,edie Pr-ete tie Systeffl Temporary Water Services 12/�12 07/01/2011 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 3305 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 3305 12 Water Line Lowering 12/20/2012 3305 13 Frame, Cover and Grade Rings — Cast Iron 01/22/2016 33 n�0 Frame, Cove,.. aa n a o Ri:lgz c 01 /o� 16 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 12/20/2012 Grade 33 05 16 Concrete Water Vaults 12/20/2012 33 05 17 Concrete Collars 12/20/2012 /�r2 20Aiiger-11 330521 22 Tu.—mO. Lrr.ar- Plate Stool Cass.,. Ripe 12/'�12- 11 /�12 33 05 24 330526 33 05 30 Ula4-e last.,lla4ion Pipe i Casing Tunnel Liner- 06/lovr19aO13 12 / 0a 12/20/2012 of'Gafr-ie- E)- e- T 4iht-y >, a., -kefs /T ,,e ter-s Location of Existing Utilities 33 11 05 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 ✓� 11 13 Ceaer-et3 Pr000uro Pica, Baf Wfapped, Stool !4,1indef Type 11 /�12 1 1 14 utuie,l Stool Pipe and >;44in.s 11 /�12 33 12 10 Water Services 1-inch to 2-inch 02/14/2017 33 1211 Large Water Meters 12/20/2012 33 1220 Resilient Seated Gate Valve 12/20/2012 33 1221 AWW k Rubbor Fea4ed a„tto.fl y Valves 11 /�12 33 1225 Connection to Existing Water Mains 02/06/2013 3�-12 30 Con�bi.'�!.1af n:,. Valve Assemblies for- Potable Txl.,te- System 12/7 z 33 1240 Fire Hydrants 01/03/2014 CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 5 33 1250 Water Sample Stations 12/20/2012 33 1260 Standard Blow -off Valve Assembly 06/19/2013 3331 12 Cured in Place Pipe (CIPP) 12/20/2012 33 31 V High Donoi I Pelyethyleae (KDPE) Eant il&r,,-Sew 12/'frz�-zvriviz 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe l,fide (PVC) n 06/19/2013 ZTZ 3T1 ZT Polyvinyl C Closed Profile a-yity Sa*itafy Sewe. Pipe r12r20r/2012 3? Pl 22 SanitarySec V.ip Lining 11 /'�12 ZZ�3 Sa-aitar-ye FPipc Elargemerrt 12/�12 33 31 50 Sanitary Sewer Service Connections and Service Line r,.,,.,bia A;,. >;,fee 04/26/2013 333170 33 39 10 pie Valve f . Sa-aitafy Sewe,. Mains Cast -in -Place Concrete Manholes 12/20a012 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 333930 33 39 40 Fite, -glass Manholes Wastewater Access Chamber (WAC) 12/20,L2012 12/20/2012 33 39 60 Epoxy Liners for Sanitary Sewer Structures 12/20/2012 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 33 . 1 11 High Donci I n l..ethylene (KDPE) Pip ot", DAwn 11 /�12 33 41 12 Reififefved D„ l..otl.l me (E�TE) Pipe 11/1 5 33-4600 &ml abdmige 12/20a012 33 4601 worm Drains n�/no 1�11 33-46-02 ma's D�rQs`iio n�/n1 /2n1 1 ,n 33 49 10 Cast -in -Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 4940 Stomi Drainage-Hea&u11ca° d lWngwa4s n�/no 1�1 Division 34 - Transportation 3441 10 34 ^�-�z-i .01 Traffic Signals 7 rArttraehmeatA �C+,efAfeller- Ccabin�ei B+B 10/12/2015 12/1 5 z1 0..02 34 41 34 41 rArtttaehmezit Centiellef Sp�e�ei ieeAien rArttraehmear'tT�,F tl zcafe7-Speeiiiea4ien T zmp agar �Tttf c E;4 Wes. Removing T,-., ffie Signals 2 2 1 1 /rr 22,L2013 1 2 /7rc�-20a012 z10..03• 34 41 1 1 34 41 13 34 41 15 Reet regular Rapid FladhingBeae-Em 11 /'�13 34 41 Redootricxa I-I;brid-Sigog 11 /'�13 34 41 20 Roadway Illumination Assemblies 12/20/2012 34 4120.01 � ��ri�al T �''1] l�a�a3' T �a-s�i�i��; 06/1 c/2n15 �� 34 4120.02 � ., r Freeway LED n,..,,1.,.�,x� I�ai�o 0 6/15a0c�� 3n n�o3 >1 n a..,.,., r Resi�l�.tial r � .�ai�ai><es 0 6/15a01�_5 34 41 30 Aluminum Signs 11/12/2013 34 41-50 Single Mode Fibo: Optie Cable 02/26,L2016 3471 13 Traffic Control 11/22/2013 CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Appendix Page 5 of 5 GG4-.9 �woLlality o GC-4.02 Subsurface and Physical Conditions FE-4.06 Ihzardow Brriirormrr�:1 Condition , + Site GC-6.07 Wage Rates GG-6-M Ba itv.a T T 1 1`t��:arrra��ti�: GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised March 20, 2020 BEAN ELECTRICAL, LLC UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 DAP - BID PROPOSAL Page I or Bidder's Application UNIT V: STREET LIGHTING IMPROV °MENTS 1 2605.3015 2" CONDT PVC SCH 80 (T) 26 05 33 LF 7,080 2 2605.3014 2" CONDT RM (Riser) 26 05 33 LF 30 3 3441.3303 Rdwv Illum Foundation TY 7 3441 20 EA 77 4 Standard Light Pole & Fixture LED 3441 20 EA 77 5 3441.1410 NO 10 Insulated Elec Condr 3441 10 LF 21,165 6 NO 6 Triplex OH insulated Elec Condr 3441 10 LF 615 7 �3441.11403 watt ATB2 Cobra Head) 3441 20 LF 4 8 3441.3323 Furnish/Install 8' Wood Liqht Pole Arm 3441 20 LF 4 9 13441.1408 NO 6 Insulated Elec Condr 3441 10 LF 405 10 13441.3321 Furnish/Install 40' Wood Liqht Pole 3441 20 LF 4 11 13441.1501 Furnish/Install Ground Box Type B 3441 10 LF 1 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS Bid Summary UNIT V: STREET LIGHTING IMPROVEMENTS Total Construction Bid This Bid is submitted by the entity named below: BIDDER: Bean Electrical, LLC 821 E.Enon Avenue Fort Worth, Texas 76140 817-561-7400 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. DATE: 4/15/2024 210 END OF SECTION Bidder's Proposal $ 23.89 $169,141.20 $ 50.00 $1,500.00 $ 1,471.00 $113,267.00 $ 5,985.46 $460,880.42 $ 1.68 $35,557.20 $ 5.25 $3,228.75 $ 750.00 $3,000.00 $ 625.001 $2,500.00 $ 3.001 $1,215.00 $ 1,950.001 $7,800.00 $ 950.001 $950.00 $799,039.57 $799, 039.571 $799,039.571 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Birl Proposal Bean Electrical 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. 104824. Contractor further certifies that, pursuant to Texas Labor Code, Section 6 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage. 8 CONTRACTOR: 9 Bean Electrical, LLC 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 Company 821 E. Enon Avenue Address Fort Worth, TX 76140 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By: Roy E Bean II Ceaserint) Signature: / Title: VP South West Reqion (Please Print) TORE ME, the undersigned authority, on this day personally appeared yi r )`�ca, - I � , known to me to be the person whose name is subscribed to the foregoing instPMe,-,,,7 ent, and acknowledged to me that he/she executed the same as the act and deed of El e4r) Cc, l I C C for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this r 20Zq FZY P� Carlos Veloz Salas = 0 Exp.10/912027 �; IO ND.134597239 Q: +\\�,� 0IF\ / 5 day of Notar�Pu6lic in and fo a to a of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 NORTHSTAR WEST PHASE 3 CoFW Project No: 104824 0045 12 DAP PREQUALIFICATION STATEMENT Page I of I SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work TVDe" box provide the complete maior work tvDe and actual description as provided bv_ the Water Department for water and sewer and TPW for Davina. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date J Street Lighting Improvements Bean Electrical, LLC 03/08/25 1 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Bean Electrical, LLC. 821 E. Enon Avenue Fort Worth, Texas 76140 (Signature) pot/ -E� I3CAN1L TITLE: VP South West Region DATE: 4/15/2024 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWARDED PROJECTS 00 45 12bean—Prequalification Statement 2015_DAP Form Version September 1, 2015 005243-1 1 SECTION 00 52 43 Developer Awarded Project Agreement Page 1 of 6 2 AGREEMENT 3 THIS AGREEMENT, authorized on 5/4/24 is made by and between the Developer, 170 4 Northstar Ranch Developer. Inc., authorized to do business in Texas ("Developer") , and Bean 5 Electrical, LLC, authorized to do business in Texas, acting by and through its duly authorized 6 representative, ("Contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree 8 as follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part 14 is generally described as follows: 15 Northstar West Phase 3 16 City Proiect No: 104824 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 210working days after the date 23 when the Contract Time commences to run as provided in Paragraph 12.04 of the 24 Standard City Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer 27 will suffer financial loss if the Work is not completed within the times specified in 28 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 29 the Standard City Conditions of the Construction Contract for Developer Awarded 30 Projects. The Contractor also recognizes the delays, expense and difficulties involved in CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised June 16, 2016 005243-2 Developer Awarded Project Agreement Page 2 of 6 31 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 32 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees 33 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 Developer One Thousand Five Hundred Dollars $1,500.00 for each day that expires after 35 the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final 36 Letter of Acceptance. 37 Article 4. CONTRACT PRICE 38 Developer agrees to pay Contractor for performance of the Work in accordance with the 39 Contract Documents an amount in current funds of Seven Hundred Ninetv-Nine Thousand 40 Thirty -Nine Dollars and Fiftv-Seven Cents (5799,039.57). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between Developer 44 and Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form (As provided by Developer) 48 1) Proposal Form (DAP Version) 49 2) Prequalification Statement 50 3) State and Federal documents (project specific) 51 b. Insurance ACORD Form(s) 52 c. Payment Bond (DAP Version) 53 d. Performance Bond (DAP Version) 54 e. Maintenance Bond (DAP Version) 55 f. Power of Attorney for the Bonds 56 g. Worker's Compensation Affidavit 57 h. MBE and/or SBE Commitment Form (If required) 58 3. Standard City General Conditions of the Construction Contract for Developer 59 Awarded Projects. CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised June 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of 6 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued, become an incorporated part of the Contract 69 Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 Article 6. INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of, the work and services to be performed by 78 the contractor, its officers, agents, employees, subcontractors, licenses or invitees under 79 this contract. This indemnification provision is specifically intended to operate and be 80 effective even if it is alleged or proven that all or some of the damages being sought 81 were caused. in whole or in part, by anv act, omission or negligence of the citv. This 82 indemnity provision is intended to include, without limitation, indemnity for costs, 83 expenses and legal fees incurred by the city in defending against such claims and causes 84 of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city, its officers, servants and employees, from and against any and all loss, damage 88 or destruction of property of the city, arising out of, or alleged to arise out of, the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification provision 91 is specifically intended to operate and be effective even if it is alleged or proven that all CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised June 16, 2016 005243-4 Developer Awarded Project Agreement Page 4 of 6 92 or some of the damages being sought were caused, in whole or in part, by anv act, 93 omission or negligence of the citv. 94 95 Article 7. MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 98 the Construction Contract for Developer Awarded Projects. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the Developer. 102 7.3 Successors and Assigns. 103 Developer and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon DEVELOPER and 110 CONTRACTOR. 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas, Fort Worth Division. 115 7.6 Authority to Sign. 116 Contractor shall attach evidence of authority to sign Agreement, if other than duly 117 authorized signatory of the Contractor. 118 119 CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised June 16, 2016 005243-5 Developer Awarded Project Agreement Page 5 of 6 120 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 121 counterparts. 122 123 This Agreement is effective as of the last date signed by the Parties ("Effective Date") 124 Contractor: Bean Electrical, LLC B' (Signature) Roy E Bean 11 (Printed Name) Title: VP South West Region Company Name: Bean Electrical, LLC Address: 821 E. Enon Avenue Developer: 170 Northstar Ranch Developer, Inc [3y: (Signature) k11 i 1, i. (Printed Name) Title: Company name: 170 Northstar Ranch Developer, Inc Address: 3045 Lackland Road City/State/Zip: City/State/Zip: Fort Worth, TX 76140 Fort Worth, TX 76116 4115/2024 Date Date CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised June 16, 2016 005243-6 125 Developer Awarded Project Agreement Page 6 of 6 CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised June 16, 2016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 BOND # SURU2210001062 THE STATE OF TEXAS § SECTION 00 62 13 PERFORMANCE BOND § KNOW ALL BY THESE PRESENTS: 006213-1 PERFORMANCE BOND Page 1 of 3 COUNTY OF TARRANT § That we, Bean Electrical LLC , known as "Principal" herein and Ascot Suretv & Casualty CornDanv , a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, 170 Northstar Ranch Developer, Inc., authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of, Seven Hundred Ninetv-Nine Thousand Thirtv-Nine Dollars and Fiftv-Seven Cents (5799,039.57), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 17 WHEREAS, Developer and City have entered into an Agreement for the construction of 18 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 19 CFA Number CFA24-0048; and 20 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 21 the 4 day of May , 20 24 which Contract is hereby referred to and made a 22 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 23 and other accessories defined by law, in the prosecution of the Work, including any Change 24 Orders, as provided for in said Contract designated as Northstar West Phase 3. 25 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall 26 faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 27 perform the Work, including Change Orders, under the Contract, according to the plans, 28 specifications, and contract documents therein referred to, and as well during any period of CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised January 31, 2012 006213-2 PERFORMANCE BOND Page 2 of 3 1 extension of the Contract that may be granted on the part of the Developer and/or City, then 2 this obligation shall be and become null and void, otherwise to remain in full force and effect. 3 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 4 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 5 Worth Division. 6 This bond is made and executed in compliance with the provisions of Chapter 2253 of 7 the Texas Government Code, as amended, and all liabilities on this bond shall be determined in 8 accordance with the provisions of said statue. 0 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 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 6 day of May 2024 . ATTEST: (Principal) Secretary fitness as to Principal PRINCIPAL: Bean EleotriC BY: Signature ,7Y F 9FAl-► Ir VP SE-) Name and Title Address: 821 E. Enon Avenue Fort Worth, TX 76140 SURETY: Ascot Surety & Casualty Company t BY: Signature Susan J. Lattarulo, Attorney -in -Fact Name and Title Address: 55 W 46th Street New York, NY 10036 CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised January 31, 2012 2 Witness as to Surety �- 3 Nicholas Lattarulo 4 006213-3 PERFORMANCE BOND Page 3 of 3 Telephone Number: 646-356-8101 5 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 6 from the by-laws showing that this person has authority to sign such obligation. If 7 Surety's physical address is different from its mailing address, both must be provided. M 9 The date of the bond shall not be prior to the date the Contract is awarded. Type text here CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY CONDITIONS— DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised January 31, 2012 BOND # SURU2210001062 006214-1 PAYMENT BOND Page 1 of 3 1 SECTION 00 62 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Bean Electrical LLC, known as "Principal" herein, and 8 Ascot Surety & Casualty Company , a corporate surety ( or 9 sureties if more than one), duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, 170 11 Northstar Ranch Developer, Inc., authorized to do business in Texas "(Developer"), and the City 12 of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of Seven Hundred 13 Ninety -Nine Thousand Thirtv-Nine Dollars and Fiftv-Seven Cents ($799,039.57), lawful money of 14 the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum 15 well and truly be made jointly unto the Developer and the City as dual obligees, we bind 16 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 17 firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number CFA24-0048; and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the 5 day of May , 20 24 , which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as Northstar West Phase 3. 26 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall 27 pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of 28 the Texas Government Code, as amended) in the prosecution of the Work under the Contract, CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY CONDITIONS— DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised January 31, 2012 006214-2 PAYMENT BOND Page 2 of 3 1 then this obligation shall be and become null and void; otherwise to remain in full force and 2 effect. 3 This bond is made and executed in compliance with the provisions of Chapter 2253 of 4 the Texas Government Code, as amended, and all liabilities on this bond shall be determined in 5 accordance with the provisions of said statute. 6 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this 7 instrument by duly authorized agents and officers on this the 6 day of 8 Mav 20 24 . 0 ATTEST: (Principal) Secretary v Witness as to Principal CITY OF FORT WORTH STANDARD CITY CONDITIONS— DEVELOPER AWARDED PROJECTS Revised January 31, 2012 PRINCIPAL: Bean Electrical LEC BY: Signature ;Fwq r geAN :C VP S w Pc&onl Name and Title Address: 821 E. Enon Avenue Fort Worth, TX 76140 SURETY: Ascot Surety & Casualty Comganv NORTHSTAR WEST PHASE 3 CoFW Project No: 104824 1 2 3 4 5 6 7 8 ATTEST: N/A (Surety) Secretary Witness as to Surety Nicholas Lattarulo 006214-3 PAYMENT BOND Page 3 of 3 BY: ��Mln Q Signature Susan J. Lattarulo, Attorney -in -Fact Name and Title Address: 55 W 46th Street New York, NY 10036 Telephone Number: 646-356-8101 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 NORTHSTAR WEST PHASE 3 CoFW Project No: 104824 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 BOND # SURU2210001062 THE STATE OF TEXAS SECTION 00 62 19 MAINTENANCE BOND § KNOW ALL BY THESE PRESENTS: 006219-1 MAINTENANCE BOND Page 1 of 3 COUNTY OF TARRANT § That we Bean Electrical LLC , known as "Principal" herein and Ascot Surety & Casualty Company , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, 170 Northstar Ranch Developer,, Inc., authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum of Seven Hundred Ninetv-Nine Thousand Thirty -Nine Dollars and Fiftv-Seven Cents ($799,039.57), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 20 CFA Number CFA24-0048; and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer 22 awarded the 5 day of May , 20 24 , which Contract is 23 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish 24 all materials, equipment labor and other accessories as defined by law, in the prosecution of the 25 Work, including any Work resulting from a duly authorized Change Order (collectively herein, the 26 "Work") as provided for in said Contract and designated as Northstar West Phase 3; and 27 28 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 29 accordance with the plans, specifications and Contract Documents that the Work is and will CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY CONDITIONS— DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised January 31, 2012 006219-2 MAINTENANCE BOND Page 2 of 3 1 remain free from defects in materials or workmanship for and during the period of two (2) years 2 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 3 4 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 5 receiving notice from the Developer and/or City of the need thereof at any time within the 6 Maintenance Period. 7 8 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy 9 any defective Work, for which timely notice was provided by Developer or City, to a completion 10 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 11 full force and effect. 12 13 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 14 noticed defective Work, it is agreed that the Developer or City may cause any and all such 15 defective Work to be repaired and/or reconstructed with all associated costs thereof being 16 borne by the Principal and the Surety under this Maintenance Bond; and IVIl 18 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 19 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 20 Worth Division; and 21 22 PROVIDED FURTHER, that this obligation shall be continuous in nature and successive 23 recoveries may be had hereon for successive breaches. 24 CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY CONDITIONS— DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 6 day of May 3 2024 . 4 5 PRINCIPAL: 6 7 Bean Elegy ric I LLC 9 BY: 10 1�-'Signature 11 ATTEST: 12 13 Cal_v_ n% 14 (Pr&cipai/)�ry Name and Title 15 16 Address: 821 E. Enon Avenue 17 _ Fort Worth, TX 76140 18 19 l,(� 20 iWitness as to Principal 21 SURETY: 22 Ascot Suretv & Casualty Comoanv 23 , 24 25 BY: _ 26 Signature 27 28 Susan J. Lattarulo, Attornev-in-Fact 29 Name and Title 30 31 Address: 55 W 46th Street 32 New York, NY 10036 33 34 35 Witness as to Surety Telephone Number: 646-356-8101 36 Nicholas Lattarulo 37 38 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 39 from the by-laws showing that this person has authority to sign such obligation. If 40 Surety's physical address is different from its mailing address, both must be provided. 41 42 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised January 31, 2012 , Attachment Code: D618545 Master ID: 1525357, Certificate ID: 19572928 Waiver Of Subrogation (Blanket) Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'] Prem Return Prem GLO 3116890-01 12/1/2023 12/1/2024 12/1/2023 09079000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. UGL-925-B CW (12/01) Page 1 of 1 Attachment Code: D618546 Master ID: 1525357, Certificate ID: 19572928 Additional Insured — Automatic — Owners, Lessees Or Contractors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 3116890-01 Effective 12/1/2023 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part 0 ZURICH A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-2162-A CW (02/19) Page 1 of 4 Attachment Code: D618546 Master ID: 1525357, Certificate ID: 19572928 in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products -completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part by.- (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (C) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2, above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products -completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and U-GL-2162-A CW (02/19) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 4 Attachment Code: D618546 Master ID: 1525357, Certificate ID: 19572928 (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an 'occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit' as soon as practicable; and (3) A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that U-GL-2162-A CW (02/19) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 Attachment Code: D618546 Master ID: 1525357, Certificate ID: 19572928 F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III - Limits Of Insurance: Additional Insured — Automatic — Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. U-GL-2162-A CW (02/19) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 4 Attachment Code: D618547 Master ID: 1525357, Certificate ID: 19572928 Coverage Extension Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. BAP 3116888-01 Effective Date: 12/1/2023 This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured ZURICH 1. The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing yourwork pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Fellow Employee Coverage U-CA-424-H CW (10/21) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 6 Attachment Code: D618547 Master ID: 1525357, Certificate ID: 19572928 D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II — Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in B. Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in B. Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" that is a "private passenger type", light truck or medium truck is disabled. However, the labor must be performed at the place of disablement. As used in this provision, "private passenger type" means a private passenger or station wagon type "auto" and includes an "auto" of the pickup or van type if not used for business purposes. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage — Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered U-CA-424-H CW (10/21) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 Attachment Code: D618547 Master ID: 1525357, Certificate ID: 19572928 (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same 'loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of 'loss". The most we will pay for such 'loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such 'loss". K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph BA.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: U-CA-424-H CW (10/21) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 6 Attachment Code: D618547 Master ID: 1525357, Certificate ID: 19572928 If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Temporary Substitute Autos - Physical Damage 1. The following is added to Section I — Covered Autos: Temporary Substitute Autos - Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos - Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. N. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. O. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: U-CA-424-H CW (10/21) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 6 Attachment Code: D618547 Master ID: 1525357, Certificate ID: 19572928 This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. P. Employee Hired Autos - Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". Q. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. R. Hired Auto — World Wide Coverage Paragraph 7.b.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere else in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, S. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. T. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. U. Physical Damage — Additional Temporary Transportation Expense Coverage Paragraph AA.a. of Section III — Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, U-CA-424-H CW (10/21) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 6 Attachment Code: D618547 Master ID: 1525357, Certificate ID: 19572928 V. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. W. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-H CW (10/21) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 6 Attachment Code: D618544 Master ID: 1525357, Certificate ID: 19572928 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/1/2023 Policy No. WC 3116889-01 Endorsement No. Insured Bean Electrical, LLC Premium $ Insurance Company Zurich American Insurance Company by Countersigned WC124 (4-84) Copyright 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 WC000313 Ascot Surety & Casualty Company Ascot Insurance Company 55 W 46"Streel, 26tl1 Floor New York, NY 10036 Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That Ascot Surety & Casualty Company, and Ascot Insurance Company, each a corporation organized and existing under the laws of the State of Colorado (the 'Companies'), do hereby constitute and appoint Sarah Heineman, Susan J Lattarulo, Kelli E Housworth, Travis Robles and Thomas F McCoy Jr. of -Denver, CO and each its true and lawful Atlorne s -In-Fact, with full authority to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United Stales, or, if the following line is filled in, only within the area and up to the amount therein designated, any and all bonds, undertakings, recognizances, and other contracts of indemnity or writings obligatory in the nature thereof, issued in the course of its surety business, and to bind the Companies as follows: Any such obligations in the United States not to exceed $50,000,000.00 The Companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue -of -these presents. These appointments are made under and by authority of the following Resolutions adopted by the Board of Directors of the Companies, which resolutions are still in effect: RESOLVED, that any of the Chief Executive Officer, the Chief Operating Officer or the Chief Underwriting Officer, acting in conjunction with the head of the surely business line for lheCorporalion (each an 'Authorized Individual' and, collectively, the 'Authorized Individuals'), are authorized to jointly appoint one or more; attorneys -in -fact to repieserii atld act'tortand on behalf of the Corporation in the transaction of the Corporation's surety business to execute (under the common seal'of the Corporalion if appropriate) bonds, ltt_dertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof; RESOLVED, that in connection with the Corporation's transaction of surety business the signatures and attestations of the Authorized Individuals and the seal of the Corporation be affixed to any such Power of Attorney or to any certificate relating thereto (electronic or otherwise) by facsimile and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal (electronic or otherwise) shall be valid and binding upon the Corporation when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; RESOLVED, that in connection with the Corporation's transaction of surety business, the facsimile electronic or mechanically reproduced signature of any Authorized Individual, whether made heretofore or hereafter, whenever appearing upon a copy of any Power of Attorney of the Corporation, with signatures affixed as next above noted, shall be valid and binding upon the Corporation with the same force and effect as though manually affixed. IN WITNESS WHEREOF, the Companies have caused these presents to be sealed with the respective corporate seals and to be executed by the individuals named below who are duly authorized and empowered to execute this Power of Attorney on the Companies' behalf, this 23rd day of August, 2022. ASCOT SURETY & CASUALTY COMPANY ASCOT INSURANCE COMPANY Matthew Kramer (Chief Executive Officer) STATE OF NEW JERSEY ) COUNTY OF IWDDLESEX ) ss. I1 y On this �Xrday of ' ltore me came the above named Chief Executive Officer of each of Ascot Surety 8 Casually Company and Ascot Insurance Company and t head of the surely business line for each of Ascot Surely & Casually Company and Ascot Insurance Company, tome personally known to be the individuals described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of Ascot Surety & Casualty Company and Ascot InsuraneeCompanyr>and that -the said ccrporate'sea� and signatures were duly afrrxed and subscribed to said instrument by the authority and direction of said�pompanies; OFF:Cb;L SEAL )) ARLINDA KONGOLI Q.- l { OTAR'i PJGLIC- ih'iARSEY tary Public APRIL 3.2027 I ^1 Comm a005SOG3 R My commission expires on 't f L J. I lheunders nedSecrelar of haCom A 'd��re ceL a e or'o" 'ezce"'���'� , g y p � i �f�i � eg g rP� of thz Resolution adoplad by lFe Board of Directors of the Companies, and Ue Power of ABorcey issued pursuant thereto, are true and coned and further cer6Ff that both the Resolution and the Pourer of Atlomey are still in fu'I force and effect_ This Cert ficate may be signed by facsimile under and by authority of the fol:oxing iesolubon of the Board of Directors of the Companies. RESOLVED, that in connection with the Corporation's transaction of surely business the signatures and attestations of the Authorized Individuals and the seal of the Corporation be affixed to any such Power of Attorney or to any certificate relating thereto (electronic or otherwise) by facsimile and any such Power of Attorney or certificate bearing such facsinnHa signalures or fac5intile seal (electronic or otherwise) shall be valid and binding upon the Corporation when so affixed with respect to any bond, undertaking, iecognizance ur other contract of indemnity or writing obligatory in the nature thereof; INWTNESSWHEREOF,Ihavehereuntosetmyhandandaf5xodthesealoftheCompanies,dis,dbid _.20— ASCOT SURETY 8 C LTY COMPANY ASCOTINSURAN FeffSidretary / All Claims Notices should be sent to: Ascot Surety & Casualty Company, 55 i4146"' Street, 260 Floor, New York, NY 10036; Attention Bond Claim Unit: §ureNcl8ims6Dasmtarouo corn Have a complaint or need help? If you have a problem with a claim or your premium, call your insurance company first. If you can't work out the issue, the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company. If you don't, you may lose your right to appeal. Ascot Surety & Casualty Company To get information or file a complaint with your insurance company: Call: Senior Regulatory & Compliance Counsel Toll -free: 1-833-454-3022 Online: www.ascotarouD.com Email: Attention Bond Claim Unit claimsCa)ascotarouD.com Mail: Ascot Surety & Casualty Company, 55 West 461h Street, 26th floor, New York, NY 10036 The Texas Department of Insurance To get help with an insurance question or file a complaint with the state: Call with a question: 1-800-252-3439 File a complaint: www.tdi.texas.aov Email: consumerorotectionCa)tdi.texas.aov Mail: MC 111-1 A, P.O. Box 149101, Austin, TX 78714-9091 ASCC-N001-0522-TX Page 1 of 1 D.T. UTILITY CONTRACTORS, INC. 00 42 43 DAP - BID PROPOSAL Page I or4 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item) Description I Specification I Unit of I Bid Unit Price I Bid Value No, Section No. Measure Quantity UNIT I: WATER IMPROVEMENTS 1 3311.0241 8" Water Pipe 33 11 12 LF 12,435 $ 56.00 $696,360.00 2 3311.0441 12" Water Pipe 3311 10, 33 LF 113 $ 90.00 $10,170.00 3 3311.0451 12" DIP Water 3311 10 LF 37 $ 70.00 $2,590.00 4 3311.0541 16" Water Pipe 3311 10, 33 LF 1,925 $ 110.00 $211,750.00 5 3311.0542 16" Water Pipe, CSS Backfill 3311 10, 33 LF 90 $ 185.00 $16,650.00 6 3312.3003 8" Gate Valve 33 12 20 EA 29 $ 2,200.00 $63,800.00 7 3312.3006 16" Gate Valve w/ Vault 33 1220 EA 4 $ 25,000.00 $100,000.00 8 3312.0001 Fire Hydrant 33 12 40 EA 13 $ 7.200.00 $93,600.00 9 3312.2003 1" Water Service 33 12 10 EA 244 $ 1,150.00 $280,600.00 10 3312.2203 2" Water Service 3312 10 EA 1 $ 2,900.00 $2,900.00 11 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 15 $ 11,000.00 $165,000.00 12 0241.1118 4"-12" Pressure Plug 0241 14 EA 3 $ 500.00 $1,500.00 13 3312.0117 Connection to Existing 4"-12" Water Main 33 1225 EA 3 $ 500.00 $1,500.00 14 3312.0106 Connection to Existing 16" Water Main 33 1225 EA 3 $ 500.00 $1,500.00 15 3305.0109 Trench Safety 3305 10 LF 14,600 $ 0.75 $10,950.00 16 3312.6002 6" Blow Off Valve 33 1260 EA 1 $ 25,000.00 $25,000.00 17 3312.1002 2" Combination Air Valve Assembly 33 1230 EA 2 $ 13.500.00 $27.000.00 TOTAL UNIT I: WATER IMPROVEMENTS $1,710,870.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Forth Version Mm, 22.2019 00 42 43_Bid Proposal_DT Utilities CO UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 DAP - BID PROPOSAL Page 2 or4 Bidder's Application Bidder's Proposal Bidlist Item) Description I Specification Unit of I Bid Unit Price I Bid Value No. Section No. Measure Quantity UNIT II: SANITARY SEWER IMPROVI;JVIENTS 1 3331.4115 8" Sewer Pipe 3331 20 LF 9,103 $ 60.00 $546,180.00 2 3331.4119 8" DIP Sewer Pipe 33 11 10 LF 399 $ 110.00 $43,890.00 3 9999.0003 8" PVC SDR-26 (Pressure Rated) 160psi 00 00 00 LF 356 $ 92.50 $32,930.00 4 3331.4201 10" Sewer Pipe 33 11 10, 33 LF 4.636 $ 66.00 $305,976.00 5 3331.4205 10" DIP Sewer Pipe 3311 10 LF 221 $ 185.00 $40,885.00 6 3331.4202 10" Sewer Pipe, CSS Backfill 33 11 10, 33 LF 256 $ 145.00 $37,120.00 7 3331.4225 18" Sewer Pipe 33 11 10, 33 LF 89 $ 120.00 $10,680.00 8 3305.1103 20" Casing By Other Than Open Cut 33 05 22 LF 110 $ 750.00 $82,500.00 9 3339.1001 4' Manhole 33 39 20 EA 54 $ 4,200.00 $226,800.00 10 3339.1004 4' Shallow Manhole 33 39 10, 33 EA 1 $ 4,200.00 $4,200.00 11 3339.1002 4' Drop Manhole 3339 10, 33 EA 1 $ 5,800.00 $5,800.00 12 3339.1101 5' Manhole 3339 10, 33 EA 8 $ 6,800.00 $54,400.00 13 3339.1102 5' Drop Manhole 3339 10, 33 EA 1 $ 7,200.00 $7,200.00 16 3339.1003 4' Extra Depth Manhole 3339 10, 33 VF 192.0 $ 150.00 $28,800.00 17 3339.1103 5' Extra Depth Manhole 3339 10,33 VF 94.0 $ 200.00 $18,800.00 18 3339.0001 Epoxy Manhole Liner 33 39 60 VF 191.0 $ 220.00 $42,020.00 19 9999.0004 Connect to Existing Sanitary Sewer 0000 00 EA 13 $ 500.00 $6,500.00 20 3331.3101 4" Sewer Service 3331 50 EA 243 $ 925.00 $224,775.00 21 3331.3201 6" Sewer Service 3331 50 EA 1 $ 1.600.00 $1,600.00 22 0241.2103 8" Sewer Abandonment Plug 0241 14 EA 1 $ 500.00 $500.00 23 3305.0109 Trench Safety 3305 10 LF 15,060 $ 1.00 $15,060.00 24 3301.0002 Post -CCTV Inspection 3301 31 LF 30,120 $ 2.50 $75,300.00 25 3301.0101 Manhole Vacuum Testing 3301 30 EA 65 $ 150.00 $9,750.00 26 3305.0107 Manhole Adjustment, Minor 3305 14 EA 2 $ 500.00 $1,000.00 27 3305.0110 Utility Markers 33 05 26 LS 1 $ 2,500.00 $2,500.00 28 9999,0001 CSS Encasement for Utility Pipes 00 00 00 LF 630 $ 95.00 $59,850.00 29 3305.1003 20" Casing by Open Cut 33 05 22 LF 130 $ 175.00 $22,750.00 30 0330.0001 Concrete Encase Sewer Pipe 03 30 00 CY 7 $ 185.00 $1,295.00 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $1,909,061.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Forth Version Mar 22. 2019 00 4243_Bid Proposal_DT Utilities CO UNIT PRICE BID Bidlist Item) No. 00 42 43 DAP - BID PROPOSAL Page 3 of4 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Application Project Item Information Description I Specification I Unit of I Bid Section No. Measure Quantity UNIT III: DRAINAGE IMPROVEM&NTS Bidder's Proposal Unit Price I Bid Value 1 3341.0309 36" RCP, Class III 3341 10 LF 615 $ 160.00 $98,400.00 2 3341,0302 30" RCP, Class III 3341 10 LF 2214 $ 112.00 $247,968.00 3 3341.0205 24" RCP, Class III 3341 10 LF 1652 $ 100.00 $165,200.00 4 3341.0201 21" RCP, Class III 3341 10 LF 1016 $ 85.00 $86,360.00 5 3341.0402 42" RCP, Class III 3341 10 LF 60 $ 201.00 $12,060.00 6 3341.1103 4x4 Box Culvert 3341 10 LF 678 $ 450.00 $305,100.00 7 3341.1201 5x3 Box Culvert 3341 10 LF 93 $ 575.00 $53,475.00 8 3341.1202 5x4 Box Culvert 3341 10 LF 42 $ 500.00 $21,000.00 9 3341.1402 7x4 Box Culvert 00 00 00 LF 208 $ 725.00 $150,800.00 10 19999.0009 21" Sloping Headwall 00 00 00 LF 1 $ 2,100.00 $2,100.00 11 19999.0010 24" Sloping Headwall 00 00 00 LF 2 $ 2,500.00 $5,000.00 12 19999.0011 30" Sloping Headwall 00 00 00 LF 2 $ 3,400.00 $6,800.00 13 19999.0012 48" Sloping Headwall 00 00 00 LF 1 $ 4,800.00 $4,800.00 14 19999.0013 5'x4' Sloping Headwall 00 00 00 LF 1 $ 14.320.00 $14,320.00 15 19999.0014 7'x4' Wingwall Headwall 00 00 00 LF 1 $ 18,500.00 $18,500.00 16 13349.5001 10' Curb Inlet 33 49 20 EA 29 $ 7,500.00 $217,500.00 17 13349.5002 15' Curb Inlet 33 49 20 EA 8 $ 11,250.00 $90,000.00 18 19999.0020 Concrete Weir Outfall Structure (Pond 4B 00 00 00 LS 1 $ 15,000.00 $15,000.00 19 3349.0001 4' Storm Junction Box 3349 10 EA 11 $ 4,200.00 $46,200.00 20 3349.0002 5' Storm Junction Box 3349 10 EA 4 $ 5,200.00 $20,800.00 21 3349.0003 6' Storm Junction Box 3349 10 EA 2 $ 6,200.00 $12,400.00 22 3349.7001 4' Drop Inlet 33 49 20 EA 1 $ 7,500.00 $7,500.00 23 3349.7003 6' Drop Inlet 33 49 20 EA 1 $ 6,500.00 $6,500.00 24 9999.0015 4' Pond Outlet Structure 00 00 00 EA 1 $ 5,800.00 $5,800.00 25 9999.0016 5' Pond Outlet Structure 00 00 00 EA 1 $ 6,300.00 $6,300.00 26 9999.0016 Rock Rip Rap 00 00 00 SY 606 $ 115.00 $69,690.00 27 9999.0013 6' Concrete Pilot Channel 3341 10 LF 3686 $ 38.00 $140,068.00 28 3305.0109 Trench Safety 3305 10 LF 6578 $ 1.00 $6,578.00 29 9999.0019 Connect to Existing Storm Draln 00 00 00 EA 2 $ 1.500.00 $3,000.00 30 3349.0102 4' Manhole Riser 3349 10 EA 1 $1.750.00 $1,750.00 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $1,840,969.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version Mw 22. 2019 00 42 43_Bid Proposal_DT Utilities CO UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information IBidlist Item) Description I Specification No. Section No. Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS This Bid is submitted by the entity named below: BIDDER: D.T. Utility Contractors, Inc. 2614 Causbie Road Weatherford, Texas 76087 817-596-0169 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. 00 42 43 DAP - BID PROPOSAL Page 4 of4 Bidder's Application Bidder's Proposal Unit of I Quantity Bid Measure Unit Price Bid Value Total Construction Bid Colton Tollett BY: TITLE: DATE: END OF SECTION $1,710,870.00 $1,909,061.00 $1,840,969.00 $5,460,900.00 180 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Fonn Version Mar 22. 2019 00 42 43 Bid Proposal DT Utilities CO 0045 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 4512 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work Tvne" box provide the complete maior work tvae and actual description as provided by the Water Deoartment for water and sewer and TPW for Davin2. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Water and Wastewater New D.T. Utility Contractors 441QQA'M- Development Open Cut (16" and under) The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: D.T. Utility Contractors 2614 Causbie Road Weatherford, Texas 76087 By: Colton Tollett (Signature) TITLE: 1/./° DATE: V-ap—apA4 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT —DEVELOPER AWARDED PROJECTS 00 45 12_DT_Prequalification Statement 2015_DAP Form Version September 1, 2015 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No.104824. Contractor further certifies that, pursuant to Texas Labor Code, Section 6 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage. 8 CONTRACTOR: 9 D.T. Utilitv Contractors, Inc 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 Company 2614 Causbie Road Address Weatherford, TX 76087 City/State/Zip THE STATE OF TEXAS § COUNTY OF T A'idTAOAX.et § By: (Please Print) Signature: Title: (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared CA LA;O, -fouett , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of b• [ w;-1� ortlYu ems, T,--- for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN DER MY HAND AND SEAL OF OFFICE this n day of r i 201f ------------- TANYA DAVIS NOTARY nUB!.IC � *�* STATE OF TEXAS r. to 4 `16914-4 > "AyGon'i- =e5iiz> ?)•28-2025 rY Nota Pub c in and for the State of Texas .p END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 NORTHSTAR WEST PHASE 3 CoFW Project No: 104824 005243-1 Developer Awarded Project Agreement Page 1 of 5 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 5/21/24 is made by and between the Developer, 170 4 Northstar Ranch Developer. Inc.. authorized to do business in Texas ("Developer") , and D.T. 5 Utility Contractors. Inc., authorized to do business in Texas, acting by and through its duly 6 authorized representative, ("Contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree 8 as follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part 14 is generally described as follows: 15 Northstar West Phase 3 16 City Proiect No: 104824 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 180 working days after the date 23 when the Contract Time commences to run as provided in Paragraph 12.04 of the 24 Standard City Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer 27 will suffer financial loss if the Work is not completed within the times specified in 28 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 29 the Standard City Conditions of the Construction Contract for Developer Awarded 30 Projects. The Contractor also recognizes the delays, expense and difficulties involved in CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised June 16, 2016 005243-2 Developer Awarded Project Agreement Page 2 of 5 31 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 32 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees 33 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 Developer One Thousand Five Hundred Dollars $1,500.00 for each day that expires after 35 the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final 36 Letter of Acceptance. 37 Article 4. CONTRACT PRICE 38 Developer agrees to pay Contractor for performance of the Work in accordance with the 39 Contract Documents an amount in current funds of Five Million Four Hundred Sixtv Thousand 40 Nine Hundred Dollars ($5,460,900.00). 41 Article S. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between Developer 44 and Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form (As provided by Developer) 48 1) Proposal Form (DAP Version) 49 2) Prequalification Statement 50 3) State and Federal documents (project specific) 51 b. Insurance ACORD Form(s) 52 c. Payment Bond (DAP Version) 53 d. Performance Bond (DAP Version) 54 e. Maintenance Bond (DAP Version) 55 f. Power of Attorney for the Bonds 56 g. Worker's Compensation Affidavit 57 h. MBE and/or SBE Commitment Form (If required) 58 3. Standard City General Conditions of the Construction Contract for Developer 59 Awarded Projects. CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised June 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of 5 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued, become an incorporated part of the Contract 69 Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 Article 6. INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of, the work and services to be performed by 78 the contractor, its officers, agents, employees, subcontractors, licenses or invitees under 79 this contract. This indemnification provision is specifically intended to operate and be 80 effective even if it is alleged or proven that all or some of the damages being sought 81 were caused, in whole or in part, by anv act, omission or negligence of the citv. This 82 indemnity provision is intended to include, without limitation, indemnity for costs, 83 expenses and legal fees incurred by the city in defending against such claims and causes 84 of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city, its officers, servants and employees, from and against any and all loss, damage 88 or destruction of property of the city, arising out of, or alleged to arise out of, the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification provision 91 is specifically intended to operate and be effective even if it is alleged or proven that all CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised June 16, 2016 005243-4 Developer Awarded Project Agreement Page 4 of 5 92 or some of the damages being sought were caused, in whole or in part, by anv act„ 93 omission or negligence of the citv. 94 95 Article 7. MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 98 the Construction Contract for Developer Awarded Projects. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the Developer. 102 7.3 Successors and Assigns. 103 Developer and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon DEVELOPER and 110 CONTRACTOR. 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern. District of Texas, Fort Worth Division. 115 7.6 Authority to Sign. 116 Contractor shall attach evidence of authority to sign Agreement, if other than duly 117 authorized signatory of the Contractor. 118 119 CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised June 16, 2016 005243-5 Developer Awarded Project Agreement Page 5 of 5 120 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 121 counterparts. 122 123 This Agreement is effective as of the last date signed by the Parties ("Effective Date") Contractor: Developer: DT. Utility Contractors, Inc. 170 Northstar Ranch Developer, Inc. 124 (Signature) By: (Sign attire) tI (printed Name) (Printed Name) Title: Company Name: D.T. Utility Contractors, Inc. Address: 2614 Causbie Road City/State/Zip: Weatherford, TX 76087 Date Title: VP Company name: 170 Northstar Ranch Developer, Inc. Address: 3045 Lackland Road City/State/Zip;. Fort Worth, TX 76116 Date CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Revised June 16, 2016 NORTHSTAR WEST PHASE 3 COFW Project No: 104524 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 DO 62 13- 1 PERFORMANCE BOND Page 1of3 Bond No. S7A2S00003669 SECTION 00 62 13 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, D.T. Utilitv Contractors Inc. , known as "Principal" herein and American Alternative Insurance Corporation , a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, 170 Northstar Ranch Developer, Inc., authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of, Five Million Four Hundred Sixty Thousand Nine Hundred Dollars ($5.460.900.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 17 WHEREAS, Developer and City have entered into an Agreement for the construction of 18 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 19 CFA Number CFA24-0048; and 20 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 21 the 21 day of May , 20 24, which Contract is hereby referred to and made a 22 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 23 and other accessories defined by law, in the prosecution of the Work, including any Change 24 Orders, as provided for in said Contract designated as Northstor West Phase 3. 25 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall 26 faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 27 perform the Work, Including Change Orders, under the Contract, according to the plans, 28 specifications, and contract documents therein referred to, and as well during any period of CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised January 31. 2012 0062 13 2 PERFORMANCE BOND Page 2 of 3 1 extension of the Contract that may be granted on the part of the Developer and/or City, then 2 this obligation shall be and become null and void, otherwise to remain in full force and effect. 3 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 4 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 5 Worth Division. 6 This bond is made and executed in compliance with the provisions of Chapter 2253 of 7 the Texas Government Code, as amended, and all liabilities on this bond shall be determined in 8 accordance with the provisions of said statue. 9 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this 10 instrument by duly authorized agents and officers on this the 22 day of May 2024 . 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 ATTEST: (Principal) Secretary Witness as to Principal CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWAROLD PROJECTS Revised January 31, 2012 PRINCIPAL: D.T. Utilitv Contractors Inc. BY: Signature Name and Title Address- 2614 Causbie Road Weatherford, TX 76087 SURETY: American Alternative Insurance CorP;xotion BY: X4� Signatur Russ Frenzel, Attorney -in -Fact Name and Title Address: 555 College Road East - P.O. Box 5241 Princeton. NJ 08543 NORTHSTAR WEST PHASE 3 CoFW Project No. 104824 M'• . _V-tit�� Witness as to Surety Katie Vanikiotis 006213 3 PERFORMANCF BOND Page 3 of 3 Telephone Number: (609) 2434200 S 'Note: If signed by an officer of the Surety Company, there must be on file a certified extract 6 from the by-laws showing that this person has authority to sign such obligation. If 7 Surety's physical address is different from its mailing address, both must be provided. 9 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY CONDITIONS - DEVELOPFR AWARDED PROIFCTS COFW Project No: 104824 Revised January 31, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 0062 14 • 1 PAYMENT BOND Page l of Bond No. S7A2S00003669 SECTION 00 62 14 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, D.T. Utilitv Contractors Inc.. known as "Principal" herein, and American Alternative Insurance Corporation , a corporate surety ( or sureties if more than one), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, 170 Northstar Ranch Developer Inc.. authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of Five Million Four Hundred Sixtv Thousand Nine Hundred Dollars ($5,460,900,00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number CFA24-0048; and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the 21 day of May , 2024 , which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as Northstar West Phase 3. 26 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall 27 pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of 28 the Texas Government Code, as amended) in the prosecution of the Work under the Contract, CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY COND!TIONS — DEV:IOPER AWARDED PROJECTS CoFW Project No 104824 Rev,sed January 31, 2012 006214 2 PAYMENT BOND Page 2 of 3 1 then this obligation shall be and become null and void; otherwise to remain in full force and 2 effect. 3 This bond is made and executed in compliance with the provisions of Chapter 2253 of 4 the Texas Government Code, as amended, and all liabilities on this bond shall be determined in 5 accordance with the provisions of said statute. 6 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this 7 instrument by duly authorized agents and officers on this the 22 day of 8 May 20 24 . ATTEST: (Principal) Secretary X� Witness as to Principal PRINCIPAL: D.T. Utilitv Contractors, Inc. BY: Signature Name and Title Address: 2614 Causbie Road Weatherford. TX 76087 SURETY: American Alternative Insurance Corporation CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PRO,ECTS CoFW Project No, 104824 Revised January 31, 2012 ATTEST: (Surety) Secretary 00 62 14 - 3 PAYMENT BOND �r Page 3 of 3 BY- Signature Russ Frenzel, Attorney -in -Fact Name and Title Address: 555 College Road East - P O Box 5241 IGAPrinceton, NJ 08543 Witness as to Surety Katie Vanikiotis Telephone Number: (609) 243-4200 1 2 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 3 bylaws showing that this person has authority to sign such obligation. If Surety's physical 4 address is different from its mailing address, both must be provided. S 6 The date of the bond shall not be prior to the date the Contract is awarded. 7 END OF SECTION 8 CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised January 31, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 THE STATE OF TEXAS § 006219. 1 MAINTENANCE BOND Page 1 of 3 Bond No. S7A2S00003669 SECTION 00 6219 MAINTENANCE BOND § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we D.T. Utilitv Contractors, Inc. , known as "Principal' herein and American Alternative Insurance Corporation , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, 170 Northstar Ranch Developer, Inc., authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum of Five Million Four Hundred Sixtv Thousand Nine Hundred Dollars ($5.460.900.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number CFA24-0048; and WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the 21 day of May , 20 24 . which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said Contract and designated as Northstar West Phase 3; and 28 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 29 accordance with the plans, specifications and Contract Documents that the Work is and will CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS COFW Project No. 104824 Revised January 31, 2012 0052 19 - 2 MAINTENANCE BONO Page 2 of 3 1 remain free from defects in materials or workmanship for and during the period of two (2) years 2 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 3 4 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon S receiving notice from the Developer and/or City of the need thereof at any time within the 6 Maintenance Period. 7 8 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy 9 any defective Work, for which timely notice was provided by Developer or City, to a completion 10 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 11 full force and effect. 12 13 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 14 noticed defective Work, it is agreed that the Developer or City may cause any and all such 15 defective Work to be repaired and/or reconstructed with all associated costs thereof being 16 borne by the Principal and the Surety under this Maintenance Bond; and 17 18 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 19 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 20 Worth Division; and 21 22 PROVIDED FURTHER, that this obligation shall be continuous in nature and successive 23 recoveries may be had hereon for successive breaches. 24 CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJEC-fS COFW Project No: 104824 Revised January 11, 2012 00 62 19 3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 22 day of May 3 2024 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 PRINCIPAL: D.T. Utilitv Contractors. Inc. BY: Signature ATTEST (Principal) Secretary Name and Title Address:2614 Causbie Road Weatherford. TX 76087 Witness as to Principal SURETY: American Alternative Insurance Corpoj2tipn BY: Signature Russ Frenzel, Attorney -in -Fact Name and Title Address: 555 Colleoe Road East - P.0- Box 5241 Princeton. NJ 08543 Witness as to Surety Katie Vanikiotis Telephone Number- (609) 243-4200 38 'Note: If signed by an officer of the Surety Company, there must be on file a certified extract 39 from the by-laws showing that this person has authority to sign such obligation. If 40 Surety's physical address is different from its mailing address, both must be provided. 41 42 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH NORT HSTAR WEST PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CCFW Project No: 104824 Revised January 31, 2012 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) 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. Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All TX Operations 3. Premium: The premium charge for this endorsement shall be 2 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. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Date Prepared: February 20, 2024 Carrier: Bridgefield Casualty Insurance Company Effective Date of Endorsement: April 20, 2024 Policy Number: 196-57864 Countersigned by: Insured: D.T. Utility Contractors, Inc. WC 42 03 04 B (Ed. 6-14) "Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. Copyright 2014 NCCI" POLICY NUMBER: MP35280042 COMMERCIAL AUTO NA CA 09 01 21 NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following is a summary index of additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy which means that it is subject to all limitations and conditions applicable to this Coverage Part, unless specifically deleted, replaced, or modified therein. No coverage is provided by this summary. SUMMARY INDEX DESCRIPTION PAGE NUMBER SECTION II - COVERED AUTOS LIABILITY COVERAGE Who Is An Insured Broad Form Insured 2 Employee As Insureds 2 Additional Insured Status By Contract, Agreement Or Permit 2 Supplementary Payments Bail Bond Coverage 2 Loss Of Earnings Coverage 2 Pollution Liability - Broadened Coveraqe For Covered Autos 2 SECTION III - PHYSICAL DAMAGE COVERAGE Broadened Coverage Towing And Labor 3 Physical Damage Additional Transportation Expense Coverage 4 Temporary Substitute Auto Physical Damage 4 Extra Expense- Theft 4 Rental Reimbursement And Additional Transportation Expense 4 Personal Effects Coverage 5 Personal Property Of Others 5 Locksmith Coverage 5 Vehicle Wrap Coverage 5 Airbag Accidental Discharge 5 Audio, Visual And Data Electronic Equipment Coverage 5 Auto Loan/Lease Total Loss Protection 6 Glass Repair- Deductible Amendment 6 SECTION IV - BUSINESS AUTO CONDITIONS Broadened Coverage Amended Duties In The Event Of Accident, Claim, Suit Or Loss 6 Waiver Of Subrogation - Automatic Status When Required In A Written Contract 6 Unintentional Failure To Disclose 6 Hired, Leased, Rented Or Borrowed Auto Physical Damage 7 SECTION V - DEFINITIONS Mental Anguish Included in Definition of "Bodily Injury" 7 NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 1 of 7 (SECTION II - COVERED AUTOS LIABILITY COVERAGE, WHO IS AN INSURED, SUPPLEMENTARY PAYMENTS, POLLUTION) The following changes are made to SECTION II - COVERED AUTOS LIABILITY COVERAGE: A. The following are added to Paragraph A.1.: 1. Who Is An Insured The following are "insureds": d. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership; (2) That is an "insured" under any other policy; (3) That has exhausted its Limits of Insurance under any other policy; or (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. e. Your "employee" while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow. f. Any person or organization for whom you are required to add as an additional insured when you and such person or organization have agreed in writing in a contract or agreement, but such written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or "property damage". Coverage provided by this extension applies only with respect to the extent that the person or organization is liable for the conduct of an "insured" arising out of the ownership, maintenance or use of a covered "auto" under this policy. Coverage provided by this extension will not exceed the Limits of Liability required by the written contract or agreement even if the limits stated in the policy exceed those limits. This coverage shall not increase the Limit Of Ins urance for Covered Autos Liability Coverage shown in the Declarations. For any covered "auto" you own, the insurance provided under this extension is primary. B. Paragraphs 2.a.(2) and 2.a.(4) are replaced with the following: 2. Coverage Extensions a. Supplementary Payments (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident' we cover. We do not have to furnis h these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Pollution Liability - Broadened Coverage For Covered Autos 1. Covered Autos Liability Coverage is changed as follows: a. Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contract or agreement. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 2 of 7 b. With respect to the coverage afforded by Paragraph A.1. above, Exclusion B.6. Care, Custody Or Control does not apply. 2. Changes In Definitions For the purposes of this endorsement, Paragraph D. of the Definitions Section is replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or 2. Any claim or "suit' by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or b. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraphs a. and b. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 3. Limits For "Covered Pollution Cost or Expense" The most we will pay for "covered pollution cost or expense" is $100,000 in the aggregate per policy period, regardless of the number of "accidents". When this limit is used up, we shall have no further obligation to defend claims or "suits" seeking such damages or to pay such damages or defense expense. (SECTION III - PHYSICAL DAMAGE COVERAGE, BROADENED PHYSICAL DAMAGE COVERAGES) The following changes are made to SECTION III - PHYSICAL DAMAGE COVERAGE A. Paragraph A.2 is replaced with the following: A. Coverage 2. Towing And Labor We will pay for towing and labor costs incurred, up to the limits shown below, each time a covered "auto" is disabled: a. For private passenger type vehicles, we will pay up to $100 per disablement. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 3 of 7 b. For all other covered "autos" we will pay up to $500 per disablement. However, the labor must be performed at the place of disablement. B. Paragraph A.4.a. is replaced with the following: A. Coverage 4. Coverage Extensions a. Transportation Expenses We will pay up to $60 per day, to a maximum of $1,800, for temporary transportation expense incurred by you because of the total theft of a c overed "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". C. The following are added to Paragraph 4. Coverage Extensions: 4. Coverage Extensions c. Temporary Substitute Autos If Physical Damage Coverage is provided under this Coverage Form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its: (1) Breakdown; (2) Repair; (3) Servicing; (4) "Loss"; or (5) Destruction. d. Theft Recovery Expense If you have purchased Comprehensive Coverage on a covered "auto" that is stolen, we will pay the expense of returning that stolen "auto" to you. The limit for this coverage extension is $5,000. e. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations. Coverage applies only to a covered "auto". (1) We will pay for auto rental expense and the expense incurred by you because of a covered cause of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto". Payment applies in addition to the otherwise applicable coverage you have on a covered "auto". No deductible applies to this coverage. (2) We will pay only for expens es incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or (b) 30 days. (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 4 of 7 (b) $75 per day. (4) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (5) If "loss" results from the total theft of a covered "auto" of the private passenger type or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. f. Personal Effects If you have purchased comprehensive coverage on a covered "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for "Personal Effects" stolen with the covered "auto". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, "Personal Effects" means tangible property that is worn or normally carried on "insured's" person. g. Personal Property Of Others We will pay up to $500 for "loss" to personal property of others in or on your covered "auto". This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductible applies to this coverage. h. Locksmith Coverage We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger type "auto". The deductible is waived for these services. i. Vehicle Wrap Coverage Under either Comprehensive or Collision Coverage, we will pay up to $1,000 for vinyl vehicle wraps which are displayed on a covered "auto" at the time of a total "loss". Regardless of the number of "autos" deemed a total "loss", the most we will pay under this coverage for any one "loss" is $5,000. For purposes of this coverage, signs or other graphics painted or magnetically affixed to the c overed "auto" are not considered vehicle wraps. D. Paragraph 113.3. is replaced with the following: B. Exclusions 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". This exclusion also does not apply to the mechanical breakdown relating to the accidental discharge of an air bag. This exception applies only if you have purchased comprehensive or collision coverage on the covered "auto" you own and coverage is excess of any other collectible insurance or warranty. No deductible applies to this coverage. E. Paragraph CA.b. is replaced with the following: C. Limits Of Insurance 1. The most we will pay for: b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss" is $5,000, if, at the time of "loss", such electronic equipment is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above;or NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 5 of 7 (3) An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. F. The following is added to Paragraph C. Limits of Insurance. C. Limits Of Insurance 4. In the event of a total "loss" to a covered "auto" shown in the Declarations, which is subject to a loan or lease at the time of the "loss", we will pay any unpaid amount due, including up to a maximum of $500 for early termination fees or penalties on the lease or loan for a covered "auto", less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. G. The following is added to Paragraph D. Deductible D. Deductible Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, rather than replaced. (SECTION IV - BUSINESS AUTO CONDITIONS, BROADENED COVERAGE) The following changes are made to SECTION IV - BUSINESS AUTO CONDITIONS: A. The following is added to Paragraph 2. Duties In The Event Of Accident, Claim, Suit Or Loss 2. Duties In The Event Of Accident, Claim, Suit Or Loss d. Knowledge of any "accident', "claim", "suit" or "loss" will be deemed knowledge by you when notice of such "accident', "claim", "suit' or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees board members or insurance manager, if you are a not -for -profit organization. B. The following is added to Paragraph 5. Transfer Of Rights Of Recovery Against Others To Us 5. Transfer Of Rights Of Recovery Against Others To Us However, we waive any rights of recovery we may have under the policy against any person or organization for whom the insured is working or operating under a written contract when such contract requires a waiver of subrogation. This provision does not apply unless the written contract has been executed prior to the "bodily injury" or "property damage". C. The following is added to Paragraph B.2. Concealment, Misrepresentation Or Fraud: B. General Conditions 2. Concealment, Misrepresentation Or Fraud However, your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. page 6 of 7 D. Paragraph 5.b. of B. General Conditions is replaced with the following: B. General Conditions 5. Other Insurance b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". The most we will pay for any one "loss" is the lesser of the following: (1) $75,000 per accident; or (2) Actual cash value at the time of loss; or (3) Cost of repair. Less the deductible shown in Item Four of the Declarations. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". The deductible does not apply to "loss" caused by fire or lightning. This coverage is excess over any other collectible insurance. (SECTION V - DEFINITIONS, MENTAL ANGUISH) A. Paragraph C. under SECTION V - DEFINITIONS is replaced with the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from such bodily injury, sickness, or disease. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 7 of 7 NATIONAL AMERICAN INSURANCE COMPANY CONTRACTORS GENERAL LIABILITY ENHANCED COVERAGE ENDORSEMENT SUMMARY OF COVERAGES The following is a summary of additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy which means that it is subject to all terms, limitations, exclusions and conditions of the policy, except and to the extent specifically stated in this endorsement. No coverage is provided by tiis summary. COVERAGE DESCRIPTION PAGE Coverage Extensions Extended Property Damage 2 Expanded Fire Legal Liability to Include Explosion, Lightning and Sprinkler Leakage 2 Coverage For Non -Owned Watercraft Extended to 51 Feet in Length 2 Newly Formed or Acquired Organizations- Extend The Reporting Requirement to 180 Days 7 Knowledge of Occurrence- Knowledge of an "occurrence", claim, or "suit' by your agent, servant, or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the 11 Named Insured has received such notice from the agent, servant, or employee Primary And Noncontributory- Other Insurance Condition 11 Waiver of Subrogation - Automatic Status When Required In A Written Contract 11 Additional Coveraaes Limit of Insurance Coverage D - Voluntary Property Damage Coverage $5,000 Occurrence 2 $10,000 Aggregate Coverage E - Care, Custody or Control Property $10,000 Occurrence Damage Coverage $25,000 Aggregate 3 Coverage F- Product Recall Expense $10,000 Each Recall $25,000 Aggregate $1,000 Deductible Coverage G - Water Damage Legal Liability $25,000 Aggregate Coverage H - Contamination or Pollution Coverage $100,000 Aggregate (Sudden And Accidental) Increase in Supplementary Payments Bail Bonds - $1,000 Loss of Earnings - $500 Additional Insured Coverages on a Primary and Non -Contributory Basis: Additional Insured- Owners, Lessees or Contractors- Automatic Status When Required In Construction Agreement With You Additional Insured- Lessor of Leased Equipment- Automatic Status When Required In Lease Agreement With You Additional Insured- Managers or Lessor of Premises- Automatic Status When Required In A Written Contract Additional Insured- Engineers, Architects or Surveyors Not Engaged by the Named Insured Aggregate Limits of Insurance Automatically Included - Per Location Subject to Cap 10 Automatically Included - Per Project Subject to Cap 10 NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 1 of 11 POLICY NUMBER: MP35280042 COMMERCIAL GENERAL LIABILITY NA CG 23A 03 21 NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY ENHANCED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES A. The following changes are made under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability: 1. Exclusion a. is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Expanded Fire Legal Liability The last paragraph under 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning,or smoke resulting from such fire, explosion, or lightning, or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. 3. Non -Owned Watercraft Exclusion g. (2) (a) is replaced by the following: g. Aircraft, Auto Or Watercraft (2) A watercraft you do not own that is: (a) Less than 51 feet long; and B. The following additional coverages are added to Section I - Coverages. Each of these additional coverages is subject to Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability and all other terms, limitations, conditions, exclusions and all other provisions of the policy except and to the extent otherwise specifically stated in this endorsement. COVERAGE D - VOLUNTARY PROPERTY DAMAGE COVERAGE 1. Insuring Agreement a. At your request, and whether or not you are legally obligated to pay, we will pay for "property damage" to property of others you cause while the property is in your possession or if the "property damage" arises out of "your work". b. Subject to Paragraph 5. of SECTION III - LIMITS OF INSURANCE, a $5,000 occurrence limit and a $10,000 aggregate limit is the most we will pay under Coverage D for damages because of "property damage". The aggregate limit is the maximum amount we will pay for all covered 'occurrences" during the policy period. NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office Inc., with its Permission. Page 2 of 11 c. Our duty to pay ends when we have paid the applicable Limit of Insurance in the payment of judgments or settlements under Coverage D. 2. Exclusions a. For purposes of Coverage D. only, Exclusion j. under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, is replaced by the following: Damage To Property "Property damage" to: (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use; (2) Property transported by or damage caused by any "automobile", "watercraft" or "aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use. COVERAGE E - CARE, CUSTODY OR CONTROL PROPERTY DAMAGE COVERAGE 1. Insuring Agreement a. We will pay for "property damage" to personal property in the care, custody or control of the insured subject to the following provisions, limitations and conditions: (1) Exclusion j.(4) under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, does not apply to Coverage E. (2) Subject to 5. of SECTION III - LIMITS OF INSURANCE, a $10,000 occurrence limit and a $25,000 aggregate limit is the most we will pay under Coverage E. The aggregate limit is the maximum amount we will pay for all covered "occurrences" during the policy period. (3) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage E., regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". COVERAGE F - PRODUCT RECALL EXPENSE 1. Insuring Agreement a. Notwithstanding Exclusion n. under Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, and subject to the limits shown in the Summary of Coverages, we will pay the "product recall expense" you incur as a result of a "product recall" you initiate during the coverage period. b. We will only pay for " product recall expense" arising out of "your products" which have been physically relinquished to others. c. This coverage is subject to a $10,000 each product recall limit and a $25,000 aggregate limit. The most we will pay for the sum of all "product recall expense" you incur as a result of all "product recalls" you initiate during the policy period shall not be greater than $25,000. d. Our right and duty to defend ends when we have used up the applicable Limit of Insurance in the payment of judgments or settlements under Coverage F. 2. Exclusions This insurance does not apply to "product recall expense" arising out of: a. Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product recall". NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 3 of 11 b. Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of "your product". c. The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. d. Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors. e. Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. f. "Bodily injury" or "property damage': g. Failure of "your product" to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. h. Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. L Legal fees or expenses. j. Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your product". k. "Product recall expense" arising from the "product recall" of any of "your products" for which coverage is excluded by endorsement. I. Any "product recall" initiated due to the expiration of the designated shelf life of "your product". 3. Conditions The following conditions are added to Coverage F. a. Duties In Event of Product Recall In the event of a "product recall", you must: (1) See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the "product recall" took place and estimated "product recall expense". (2) Take all reasonable steps to minimize "product recall expense". This will not increase the Limits of Insurance. (3) If requested, permit us to question any insured under oath at such times as may be reasonably required about any matter relating to this insurance orthe insured's claim, including your books and records. Your answers must be signed. (4) Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. (5) Cooperate with us in the investigation or settlement of any claim. (6) Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. 4. Definitions The following definitions are added: a. "Product recall" means a withdrawal or removal from the market of "your product" based on the determination by you or any regulatory or governmental agency that: (1) The use or consumption of "your product" has caused or will cause actual or alleged "bodily injury" or "property damage" and (2) Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user, to repair or replace "your product", but only if "your product" is unfit for use or consumption, or is hazardous as a result of: NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 4 of 11 (a) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of "your product"; or (b) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product" by someone other than you. b. "Product recall expense" means reasonable and necessary expenses for: (1) Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. (2) Transporting recalled products from any purchaser, distributor or user, to locations designated by you. (3) Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. (4) Transportation and accommodation expense incurred by your employees. (5) Rental expense incurred for temporary locations used to store recalled products. (6) Expenses incurred to properly dispose of recalled products, including packaging that cannot be reused. (7) Transportation expense incurred to replace recalled products. (8) Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall". COVERAGE G - WATER DAMAGE LEGAL LIABILITY 1. Insuring Agreement a. Notwithstanding Exclusion j.(1) under Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, we will pay for "property damage" to premises that are both rented to and occupied by you if the "property damage" happens during the policy period as the result of an "occurrence" and arises out of the injurious presence of water. b. Subject to Paragraph 5. of SECTION III - LIMITS OF INSURANCE, the most we will pay under Coverage G. is $25,000 aggregate per policy period. The aggregate limit is the maximum amount we will pay for all covered "occurrences" during the policy period. c. Our right and duty to defend ends when we have used up the applicable Limit of Insurance in the payment of judgments or settlements under Coverage G. COVERAGE H - CONTAMINATION OR POLLUTION COVERAGE (Sudden And Accidental For Contractors) A. The following provisions are added to Section I - Coverage A - Bodily Injury And Property Damage Liability. 1. LIMITED POLLUTION COVERAGE Exclusion f. under Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: This insurance does not apply to: f. Pollution (1) "Bodily injury' or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 5 of 11 (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants." This exclusion does not apply to that portion of any "bodily injury" or "property damage" which is caused by a "pollution incident", subject to the limits of insurance set forth below in this endorsement, but only if the following conditions are met: (a) The commencement time and date of such "pollution incident" can be identified with certainty, and such "pollution incident' commences at a specific time and date during the policy period; (b) Such "pollution incident' is an accident and unintentional release, discharge, emission or escape of "pollutants," is sudden and accidental and is neither expected nor intended by any insured; (c) Such "pollution incident' is not a repeat or resumption of a previous discharge, dispersal, release or escape of the same "pollutants" from essentially the same source within twelve (12) months of a previous discharge, dispersal, release or escape; (d) Such "bodily injury" or "property damage" is not caused or contributed to in any degree by any "pollution incident" that commenced prior to the beginning of the Policy Period shown in the Declarations; (e) Such "pollution incident' is discovered or otherwise becomes known to you within thirty (30) days of its commencement and is reported to us in writing within thirty (30) days after you first obtain knowledge of the "pollution incident'; (f) Such "pollution incident' did not result from or was not contributed to by your failure to comply with any government statute, rule, regulation, or order; 2. LIMITS FOR POLLUTION COVERAGE: The most we will pay for liability because of covered "bodily injury" and "property damage" caused by one or more "pollution incidents" shall not be greater than $100,000 in the aggregate per policy period. For the purpose of mitigating further "bodily injury" or "property damage" caused by a covered "pollution incident," $ 100,000 may be applied to costs or expenses incurred by any insured for cleaning up, removing or containing a covered "pollution incident' on the particular part of real property upon which the operations of the insured are conducted. This amount shall not be in addition to the limits set forth above, but such amounts shall reduce such applicable limits. When this limit is used up, we shall have no further obligation to defend claims or "suits" seeking such damages or pay such damages or defense expense. This coverage does not apply to Coverage B - Personal And Advertising Injury Liability 3. NON -EXTENSION OF COVERAGE: The only coverage provided under this policy for liability in any way relating to, or caused by, any "pollution incident" is that which is set forth in this endorsement. 4. DEFINITIONS All provisions of the POLICY DEFINITIONS portion of this insurance remain unchanged except as modified by the following: For purposes only of the coverages addressed in this endorsement, the definition of "property damage" is replaced with the following: "Property Damage" means: a. Physical Injury to, destruction of, or contamination of tangible property, including all resulting loss of use of that property; or b. Loss of use of tangible property that is not physically injured, destroyed or contaminated but has been evacuated, withdrawn from use or rendered inaccessible because of a "pollution incident." c. Any loss, cost, or expense which you become legally obligated to pay, provided that you receive notice asserting such obligation during the policy period or within 30 days thereafter, and provided further that such "loss," cost or expense arises out of: (1) A request, demand or order that any insured or others test for, monitor, clean-up, remove, contain, NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 6 of 11 treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants;" or (2) A claim or legal proceeding by or on behalf of a governmental authority for payments because of testing for, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants." "Pollution Incident" means an "occurrence" consisting of any actual emission, discharge, release, or escape of any "pollutant' into or upon land, the atmosphere, any watercourse or body of water, or any building or dwelling, provided that such emission, discharge, release or escape results in "environmental damage." The entirety of any such actual emission, discharge, release or escape shall be deemed to be one "pollution incident." "Pollutant" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, waste and saline substances. Waste includes materials to be recycled, reconditioned or reclaimed. "Environmental Damage" means any injurious presence actually in or upon land, the atmosphere, any watercourse or body of water, or any building or dwelling, of any "pollutant." SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. SUPPLEMENTARY PAYMENTS- COVERAGES A AND B is amended as follows: a. To read SUPPLEMENTARY PAYMENTS -ALL COVERAGES b. The following language is added at the end of Paragraph 1. However, we shall have none of the duties set forth above when this insurance applies only for Coverage D., Coverage E., or both, and we have paid the Limit of Liability or the Aggregate Limt for these additional coverages. c. Bail Bonds Paragraph 1.b. is replaced by the following: 1. We will pay, with respect to any claim we investigate or settle, or any "suit' against an insured we defend: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. Loss of Earnings Paragraph 1.d. is replaced by the following: 1. We will pay, with respect to any claim we investigate or settle, or any "suit' against an insured we defend: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $500 a day because of time off from work. SECTION II - WHO IS AN INSURED A. The following changes are made to SECTION II -WHO IS AN INSURED 1. Extended Reporting Requirements Paragraph 3.a. is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; B. The following provisions are added to SECTION II - WHO IS AN INSURED: NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 7 of 11 4. Additional Insured - Owners, Lessees or Contractors- Automatic Status When Required In Construction or Service Agreement With You Each of the following is an insured: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: (1) Your acts or omissions, or the acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or (2) "Your work" specified in the "written contract" but only for "bodily injury", "property damage" or "personal and advertising injury" included in the "products -completed operations hazard"; However, the insurance afforded to such additional insureds described in Paragraphs a. and b. above, only applies to the extent permitted by law and will not be broader than that which you are required by the contract or agreement to provide for such additional insureds. c. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. d. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement you have entered into with the additional insured; or (2) Available under the applicable Limits of Insurance; whichever is less. This coverage shall not increase the applicable Limits of Insurance. 5. Additional Insured - Lessor of Leased Equipment- Automatic Status When Required In Lease Agreement With You Each of the following is an insured: a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 8 of 11 However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance; whichever is less. This coverage shall not increase the applicable Limits of Insurance. 6. Additional Insured - Managers or Lessors of Premises Each of the following is an insured: a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person(s) or organization(s). However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance; whichever is less. This coverage shall not increase the applicable Limits of Insurance. 7. Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured Each of the following is an insured: a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" which may be imputed to that architect, engineer or surveyor arising out of: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 9 of 11 in the performance of your ongoing operations performed by you or on your behalf. Such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: The insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. SECTION III - LIMITS OF INSURANCE A. Paragraphs 2., 3., and 6. of SECTION III - LIMITS OF INSURANCE are replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B; and d. Damages under Coverage G. e. Damages under Coverage H. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" and Coverage F. 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, or smoke resulting from such fire, explosion, or lightning, or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. B. The following are added to SECTION III - LIMITS OF INSURANCE: 8. Aggregate Limits of Insurance ( Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 9. Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to each of your "construction projects" away from premises owned by or rented to you. "Construction Project" means "your work" conducted according to a single plan. NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 10 of 11 10. Even though the General Aggregate Limit applies separately to each of your "locations" and each of your "construction projects", the most we will pay under this policy is three times the General Aggregate Limit regardless of the number of "locations", "construction projects", 'occurrences", "insureds", claims, "suits", or persons or organizations making claims or bringing "suits". SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS A. The following is added to Paragraph 4. Other Insurance: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. B. Paragraphs 2.a. and b. are replaced with the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the Named Insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: (1) How, when and where the "occurrence" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit' is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit' and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit' as soon as practicable. Knowledge of a claim or "suit' by your agent, servant or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the Named Insured has received such notice from the agent, servant or employee. C. The following is added to Paragraph 2.c.: 2. Duties In The Event Of Occurrence, Offense, Claim or Suit c. You and any other involved insured must: (5) Upon our request, replace or repair the property covered under Coverage D - Voluntary Property Damage at your actual cost, excluding profit or overhead. D. Paragraph 8. is modified by adding the following sentence: 8. Transfer Of Rights Of Recovery Against Others To Us We waive our right to recovery against any person or organization for whom the insured is operating under a written contract when such contract requires a waiver of subrogation, and such contract is executed before the "property damage" or "bodily injury" occurs or the "personal and advertising" offense is committed. NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 11 of 11 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) 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. Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All TX Operations 3. Premium: The premium charge for this endorsement shall be 2 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. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Date Prepared: February 20, 2024 Carrier: Bridgefield Casualty Insurance Company Effective Date of Endorsement: April 20, 2024 Policy Number: 196-57864 Countersigned by: Insured: D.T. Utility Contractors, Inc. WC 42 03 04 B (Ed. 6-14) "Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. Copyright 2014 NCCI" POLICY NUMBER: MP35280042 COMMERCIAL AUTO NA CA 09 01 21 NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following is a summary index of additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy which means that it is subject to all limitations and conditions applicable to this Coverage Part, unless specifically deleted, replaced, or modified therein. No coverage is provided by this summary. SUMMARY INDEX DESCRIPTION PAGE NUMBER SECTION II - COVERED AUTOS LIABILITY COVERAGE Who Is An Insured Broad Form Insured 2 Employee As Insureds 2 Additional Insured Status By Contract, Agreement Or Permit 2 Supplementary Payments Bail Bond Coverage 2 Loss Of Earnings Coverage 2 Pollution Liability - Broadened Coveraqe For Covered Autos 2 SECTION III - PHYSICAL DAMAGE COVERAGE Broadened Coverage Towing And Labor 3 Physical Damage Additional Transportation Expense Coverage 4 Temporary Substitute Auto Physical Damage 4 Extra Expense- Theft 4 Rental Reimbursement And Additional Transportation Expense 4 Personal Effects Coverage 5 Personal Property Of Others 5 Locksmith Coverage 5 Vehicle Wrap Coverage 5 Airbag Accidental Discharge 5 Audio, Visual And Data Electronic Equipment Coverage 5 Auto Loan/Lease Total Loss Protection 6 Glass Repair- Deductible Amendment 6 SECTION IV - BUSINESS AUTO CONDITIONS Broadened Coverage Amended Duties In The Event Of Accident, Claim, Suit Or Loss 6 Waiver Of Subrogation - Automatic Status When Required In A Written Contract 6 Unintentional Failure To Disclose 6 Hired, Leased, Rented Or Borrowed Auto Physical Damage 7 SECTION V - DEFINITIONS Mental Anguish Included in Definition of "Bodily Injury" 7 NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 1 of 7 (SECTION II - COVERED AUTOS LIABILITY COVERAGE, WHO IS AN INSURED, SUPPLEMENTARY PAYMENTS, POLLUTION) The following changes are made to SECTION II - COVERED AUTOS LIABILITY COVERAGE: A. The following are added to Paragraph A.1.: 1. Who Is An Insured The following are "insureds": d. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership; (2) That is an "insured" under any other policy; (3) That has exhausted its Limits of Insurance under any other policy; or (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. e. Your "employee" while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow. f. Any person or organization for whom you are required to add as an additional insured when you and such person or organization have agreed in writing in a contract or agreement, but such written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or "property damage". Coverage provided by this extension applies only with respect to the extent that the person or organization is liable for the conduct of an "insured" arising out of the ownership, maintenance or use of a covered "auto" under this policy. Coverage provided by this extension will not exceed the Limits of Liability required by the written contract or agreement even if the limits stated in the policy exceed those limits. This coverage shall not increase the Limit Of Ins urance for Covered Autos Liability Coverage shown in the Declarations. For any covered "auto" you own, the insurance provided under this extension is primary. B. Paragraphs 2.a.(2) and 2.a.(4) are replaced with the following: 2. Coverage Extensions a. Supplementary Payments (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident' we cover. We do not have to furnis h these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Pollution Liability - Broadened Coverage For Covered Autos 1. Covered Autos Liability Coverage is changed as follows: a. Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contract or agreement. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 2 of 7 b. With respect to the coverage afforded by Paragraph A.1. above, Exclusion B.6. Care, Custody Or Control does not apply. 2. Changes In Definitions For the purposes of this endorsement, Paragraph D. of the Definitions Section is replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or 2. Any claim or "suit' by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or b. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraphs a. and b. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 3. Limits For "Covered Pollution Cost or Expense" The most we will pay for "covered pollution cost or expense" is $100,000 in the aggregate per policy period, regardless of the number of "accidents". When this limit is used up, we shall have no further obligation to defend claims or "suits" seeking such damages or to pay such damages or defense expense. (SECTION III - PHYSICAL DAMAGE COVERAGE, BROADENED PHYSICAL DAMAGE COVERAGES) The following changes are made to SECTION III - PHYSICAL DAMAGE COVERAGE A. Paragraph A.2 is replaced with the following: A. Coverage 2. Towing And Labor We will pay for towing and labor costs incurred, up to the limits shown below, each time a covered "auto" is disabled: a. For private passenger type vehicles, we will pay up to $100 per disablement. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 3 of 7 b. For all other covered "autos" we will pay up to $500 per disablement. However, the labor must be performed at the place of disablement. B. Paragraph A.4.a. is replaced with the following: A. Coverage 4. Coverage Extensions a. Transportation Expenses We will pay up to $60 per day, to a maximum of $1,800, for temporary transportation expense incurred by you because of the total theft of a c overed "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". C. The following are added to Paragraph 4. Coverage Extensions: 4. Coverage Extensions c. Temporary Substitute Autos If Physical Damage Coverage is provided under this Coverage Form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its: (1) Breakdown; (2) Repair; (3) Servicing; (4) "Loss"; or (5) Destruction. d. Theft Recovery Expense If you have purchased Comprehensive Coverage on a covered "auto" that is stolen, we will pay the expense of returning that stolen "auto" to you. The limit for this coverage extension is $5,000. e. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations. Coverage applies only to a covered "auto". (1) We will pay for auto rental expense and the expense incurred by you because of a covered cause of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto". Payment applies in addition to the otherwise applicable coverage you have on a covered "auto". No deductible applies to this coverage. (2) We will pay only for expens es incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or (b) 30 days. (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 4 of 7 (b) $75 per day. (4) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (5) If "loss" results from the total theft of a covered "auto" of the private passenger type or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. f. Personal Effects If you have purchased comprehensive coverage on a covered "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for "Personal Effects" stolen with the covered "auto". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, "Personal Effects" means tangible property that is worn or normally carried on "insured's" person. g. Personal Property Of Others We will pay up to $500 for "loss" to personal property of others in or on your covered "auto". This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductible applies to this coverage. h. Locksmith Coverage We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger type "auto". The deductible is waived for these services. i. Vehicle Wrap Coverage Under either Comprehensive or Collision Coverage, we will pay up to $1,000 for vinyl vehicle wraps which are displayed on a covered "auto" at the time of a total "loss". Regardless of the number of "autos" deemed a total "loss", the most we will pay under this coverage for any one "loss" is $5,000. For purposes of this coverage, signs or other graphics painted or magnetically affixed to the c overed "auto" are not considered vehicle wraps. D. Paragraph 113.3. is replaced with the following: B. Exclusions 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". This exclusion also does not apply to the mechanical breakdown relating to the accidental discharge of an air bag. This exception applies only if you have purchased comprehensive or collision coverage on the covered "auto" you own and coverage is excess of any other collectible insurance or warranty. No deductible applies to this coverage. E. Paragraph CA.b. is replaced with the following: C. Limits Of Insurance 1. The most we will pay for: b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss" is $5,000, if, at the time of "loss", such electronic equipment is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above;or NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 5 of 7 (3) An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. F. The following is added to Paragraph C. Limits of Insurance. C. Limits Of Insurance 4. In the event of a total "loss" to a covered "auto" shown in the Declarations, which is subject to a loan or lease at the time of the "loss", we will pay any unpaid amount due, including up to a maximum of $500 for early termination fees or penalties on the lease or loan for a covered "auto", less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. G. The following is added to Paragraph D. Deductible D. Deductible Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, rather than replaced. (SECTION IV - BUSINESS AUTO CONDITIONS, BROADENED COVERAGE) The following changes are made to SECTION IV - BUSINESS AUTO CONDITIONS: A. The following is added to Paragraph 2. Duties In The Event Of Accident, Claim, Suit Or Loss 2. Duties In The Event Of Accident, Claim, Suit Or Loss d. Knowledge of any "accident', "claim", "suit" or "loss" will be deemed knowledge by you when notice of such "accident', "claim", "suit' or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees board members or insurance manager, if you are a not -for -profit organization. B. The following is added to Paragraph 5. Transfer Of Rights Of Recovery Against Others To Us 5. Transfer Of Rights Of Recovery Against Others To Us However, we waive any rights of recovery we may have under the policy against any person or organization for whom the insured is working or operating under a written contract when such contract requires a waiver of subrogation. This provision does not apply unless the written contract has been executed prior to the "bodily injury" or "property damage". C. The following is added to Paragraph B.2. Concealment, Misrepresentation Or Fraud: B. General Conditions 2. Concealment, Misrepresentation Or Fraud However, your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. page 6 of 7 D. Paragraph 5.b. of B. General Conditions is replaced with the following: B. General Conditions 5. Other Insurance b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". The most we will pay for any one "loss" is the lesser of the following: (1) $75,000 per accident; or (2) Actual cash value at the time of loss; or (3) Cost of repair. Less the deductible shown in Item Four of the Declarations. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". The deductible does not apply to "loss" caused by fire or lightning. This coverage is excess over any other collectible insurance. (SECTION V - DEFINITIONS, MENTAL ANGUISH) A. Paragraph C. under SECTION V - DEFINITIONS is replaced with the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from such bodily injury, sickness, or disease. NA CA 09 01 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 7 of 7 NATIONAL AMERICAN INSURANCE COMPANY CONTRACTORS GENERAL LIABILITY ENHANCED COVERAGE ENDORSEMENT SUMMARY OF COVERAGES The following is a summary of additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy which means that it is subject to all terms, limitations, exclusions and conditions of the policy, except and to the extent specifically stated in this endorsement. No coverage is provided by tiis summary. COVERAGE DESCRIPTION PAGE Coverage Extensions Extended Property Damage 2 Expanded Fire Legal Liability to Include Explosion, Lightning and Sprinkler Leakage 2 Coverage For Non -Owned Watercraft Extended to 51 Feet in Length 2 Newly Formed or Acquired Organizations- Extend The Reporting Requirement to 180 Days 7 Knowledge of Occurrence- Knowledge of an "occurrence", claim, or "suit' by your agent, servant, or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the 11 Named Insured has received such notice from the agent, servant, or employee Primary And Noncontributory- Other Insurance Condition 11 Waiver of Subrogation - Automatic Status When Required In A Written Contract 11 Additional Coveraaes Limit of Insurance Coverage D - Voluntary Property Damage Coverage $5,000 Occurrence 2 $10,000 Aggregate Coverage E - Care, Custody or Control Property $10,000 Occurrence Damage Coverage $25,000 Aggregate 3 Coverage F- Product Recall Expense $10,000 Each Recall $25,000 Aggregate $1,000 Deductible Coverage G - Water Damage Legal Liability $25,000 Aggregate Coverage H - Contamination or Pollution Coverage $100,000 Aggregate (Sudden And Accidental) Increase in Supplementary Payments Bail Bonds - $1,000 Loss of Earnings - $500 Additional Insured Coverages on a Primary and Non -Contributory Basis: Additional Insured- Owners, Lessees or Contractors- Automatic Status When Required In Construction Agreement With You Additional Insured- Lessor of Leased Equipment- Automatic Status When Required In Lease Agreement With You Additional Insured- Managers or Lessor of Premises- Automatic Status When Required In A Written Contract Additional Insured- Engineers, Architects or Surveyors Not Engaged by the Named Insured Aggregate Limits of Insurance Automatically Included - Per Location Subject to Cap 10 Automatically Included - Per Project Subject to Cap 10 NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 1 of 11 POLICY NUMBER: MP35280042 COMMERCIAL GENERAL LIABILITY NA CG 23A 03 21 NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY ENHANCED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES A. The following changes are made under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability: 1. Exclusion a. is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Expanded Fire Legal Liability The last paragraph under 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning,or smoke resulting from such fire, explosion, or lightning, or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. 3. Non -Owned Watercraft Exclusion g. (2) (a) is replaced by the following: g. Aircraft, Auto Or Watercraft (2) A watercraft you do not own that is: (a) Less than 51 feet long; and B. The following additional coverages are added to Section I - Coverages. Each of these additional coverages is subject to Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability and all other terms, limitations, conditions, exclusions and all other provisions of the policy except and to the extent otherwise specifically stated in this endorsement. COVERAGE D - VOLUNTARY PROPERTY DAMAGE COVERAGE 1. Insuring Agreement a. At your request, and whether or not you are legally obligated to pay, we will pay for "property damage" to property of others you cause while the property is in your possession or if the "property damage" arises out of "your work". b. Subject to Paragraph 5. of SECTION III - LIMITS OF INSURANCE, a $5,000 occurrence limit and a $10,000 aggregate limit is the most we will pay under Coverage D for damages because of "property damage". The aggregate limit is the maximum amount we will pay for all covered 'occurrences" during the policy period. NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office Inc., with its Permission. Page 2 of 11 c. Our duty to pay ends when we have paid the applicable Limit of Insurance in the payment of judgments or settlements under Coverage D. 2. Exclusions a. For purposes of Coverage D. only, Exclusion j. under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, is replaced by the following: Damage To Property "Property damage" to: (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use; (2) Property transported by or damage caused by any "automobile", "watercraft" or "aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use. COVERAGE E - CARE, CUSTODY OR CONTROL PROPERTY DAMAGE COVERAGE 1. Insuring Agreement a. We will pay for "property damage" to personal property in the care, custody or control of the insured subject to the following provisions, limitations and conditions: (1) Exclusion j.(4) under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, does not apply to Coverage E. (2) Subject to 5. of SECTION III - LIMITS OF INSURANCE, a $10,000 occurrence limit and a $25,000 aggregate limit is the most we will pay under Coverage E. The aggregate limit is the maximum amount we will pay for all covered "occurrences" during the policy period. (3) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage E., regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". COVERAGE F - PRODUCT RECALL EXPENSE 1. Insuring Agreement a. Notwithstanding Exclusion n. under Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, and subject to the limits shown in the Summary of Coverages, we will pay the "product recall expense" you incur as a result of a "product recall" you initiate during the coverage period. b. We will only pay for " product recall expense" arising out of "your products" which have been physically relinquished to others. c. This coverage is subject to a $10,000 each product recall limit and a $25,000 aggregate limit. The most we will pay for the sum of all "product recall expense" you incur as a result of all "product recalls" you initiate during the policy period shall not be greater than $25,000. d. Our right and duty to defend ends when we have used up the applicable Limit of Insurance in the payment of judgments or settlements under Coverage F. 2. Exclusions This insurance does not apply to "product recall expense" arising out of: a. Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product recall". NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 3 of 11 b. Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of "your product". c. The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. d. Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors. e. Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. f. "Bodily injury" or "property damage': g. Failure of "your product" to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. h. Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. L Legal fees or expenses. j. Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your product". k. "Product recall expense" arising from the "product recall" of any of "your products" for which coverage is excluded by endorsement. I. Any "product recall" initiated due to the expiration of the designated shelf life of "your product". 3. Conditions The following conditions are added to Coverage F. a. Duties In Event of Product Recall In the event of a "product recall", you must: (1) See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the "product recall" took place and estimated "product recall expense". (2) Take all reasonable steps to minimize "product recall expense". This will not increase the Limits of Insurance. (3) If requested, permit us to question any insured under oath at such times as may be reasonably required about any matter relating to this insurance orthe insured's claim, including your books and records. Your answers must be signed. (4) Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. (5) Cooperate with us in the investigation or settlement of any claim. (6) Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. 4. Definitions The following definitions are added: a. "Product recall" means a withdrawal or removal from the market of "your product" based on the determination by you or any regulatory or governmental agency that: (1) The use or consumption of "your product" has caused or will cause actual or alleged "bodily injury" or "property damage" and (2) Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user, to repair or replace "your product", but only if "your product" is unfit for use or consumption, or is hazardous as a result of: NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 4 of 11 (a) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of "your product"; or (b) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product" by someone other than you. b. "Product recall expense" means reasonable and necessary expenses for: (1) Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. (2) Transporting recalled products from any purchaser, distributor or user, to locations designated by you. (3) Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. (4) Transportation and accommodation expense incurred by your employees. (5) Rental expense incurred for temporary locations used to store recalled products. (6) Expenses incurred to properly dispose of recalled products, including packaging that cannot be reused. (7) Transportation expense incurred to replace recalled products. (8) Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall". COVERAGE G - WATER DAMAGE LEGAL LIABILITY 1. Insuring Agreement a. Notwithstanding Exclusion j.(1) under Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, we will pay for "property damage" to premises that are both rented to and occupied by you if the "property damage" happens during the policy period as the result of an "occurrence" and arises out of the injurious presence of water. b. Subject to Paragraph 5. of SECTION III - LIMITS OF INSURANCE, the most we will pay under Coverage G. is $25,000 aggregate per policy period. The aggregate limit is the maximum amount we will pay for all covered "occurrences" during the policy period. c. Our right and duty to defend ends when we have used up the applicable Limit of Insurance in the payment of judgments or settlements under Coverage G. COVERAGE H - CONTAMINATION OR POLLUTION COVERAGE (Sudden And Accidental For Contractors) A. The following provisions are added to Section I - Coverage A - Bodily Injury And Property Damage Liability. 1. LIMITED POLLUTION COVERAGE Exclusion f. under Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: This insurance does not apply to: f. Pollution (1) "Bodily injury' or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 5 of 11 (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants." This exclusion does not apply to that portion of any "bodily injury" or "property damage" which is caused by a "pollution incident", subject to the limits of insurance set forth below in this endorsement, but only if the following conditions are met: (a) The commencement time and date of such "pollution incident" can be identified with certainty, and such "pollution incident' commences at a specific time and date during the policy period; (b) Such "pollution incident' is an accident and unintentional release, discharge, emission or escape of "pollutants," is sudden and accidental and is neither expected nor intended by any insured; (c) Such "pollution incident' is not a repeat or resumption of a previous discharge, dispersal, release or escape of the same "pollutants" from essentially the same source within twelve (12) months of a previous discharge, dispersal, release or escape; (d) Such "bodily injury" or "property damage" is not caused or contributed to in any degree by any "pollution incident" that commenced prior to the beginning of the Policy Period shown in the Declarations; (e) Such "pollution incident' is discovered or otherwise becomes known to you within thirty (30) days of its commencement and is reported to us in writing within thirty (30) days after you first obtain knowledge of the "pollution incident'; (f) Such "pollution incident' did not result from or was not contributed to by your failure to comply with any government statute, rule, regulation, or order; 2. LIMITS FOR POLLUTION COVERAGE: The most we will pay for liability because of covered "bodily injury" and "property damage" caused by one or more "pollution incidents" shall not be greater than $100,000 in the aggregate per policy period. For the purpose of mitigating further "bodily injury" or "property damage" caused by a covered "pollution incident," $ 100,000 may be applied to costs or expenses incurred by any insured for cleaning up, removing or containing a covered "pollution incident' on the particular part of real property upon which the operations of the insured are conducted. This amount shall not be in addition to the limits set forth above, but such amounts shall reduce such applicable limits. When this limit is used up, we shall have no further obligation to defend claims or "suits" seeking such damages or pay such damages or defense expense. This coverage does not apply to Coverage B - Personal And Advertising Injury Liability 3. NON -EXTENSION OF COVERAGE: The only coverage provided under this policy for liability in any way relating to, or caused by, any "pollution incident" is that which is set forth in this endorsement. 4. DEFINITIONS All provisions of the POLICY DEFINITIONS portion of this insurance remain unchanged except as modified by the following: For purposes only of the coverages addressed in this endorsement, the definition of "property damage" is replaced with the following: "Property Damage" means: a. Physical Injury to, destruction of, or contamination of tangible property, including all resulting loss of use of that property; or b. Loss of use of tangible property that is not physically injured, destroyed or contaminated but has been evacuated, withdrawn from use or rendered inaccessible because of a "pollution incident." c. Any loss, cost, or expense which you become legally obligated to pay, provided that you receive notice asserting such obligation during the policy period or within 30 days thereafter, and provided further that such "loss," cost or expense arises out of: (1) A request, demand or order that any insured or others test for, monitor, clean-up, remove, contain, NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 6 of 11 treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants;" or (2) A claim or legal proceeding by or on behalf of a governmental authority for payments because of testing for, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants." "Pollution Incident" means an "occurrence" consisting of any actual emission, discharge, release, or escape of any "pollutant' into or upon land, the atmosphere, any watercourse or body of water, or any building or dwelling, provided that such emission, discharge, release or escape results in "environmental damage." The entirety of any such actual emission, discharge, release or escape shall be deemed to be one "pollution incident." "Pollutant" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, waste and saline substances. Waste includes materials to be recycled, reconditioned or reclaimed. "Environmental Damage" means any injurious presence actually in or upon land, the atmosphere, any watercourse or body of water, or any building or dwelling, of any "pollutant." SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. SUPPLEMENTARY PAYMENTS- COVERAGES A AND B is amended as follows: a. To read SUPPLEMENTARY PAYMENTS -ALL COVERAGES b. The following language is added at the end of Paragraph 1. However, we shall have none of the duties set forth above when this insurance applies only for Coverage D., Coverage E., or both, and we have paid the Limit of Liability or the Aggregate Limt for these additional coverages. c. Bail Bonds Paragraph 1.b. is replaced by the following: 1. We will pay, with respect to any claim we investigate or settle, or any "suit' against an insured we defend: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. Loss of Earnings Paragraph 1.d. is replaced by the following: 1. We will pay, with respect to any claim we investigate or settle, or any "suit' against an insured we defend: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $500 a day because of time off from work. SECTION II - WHO IS AN INSURED A. The following changes are made to SECTION II -WHO IS AN INSURED 1. Extended Reporting Requirements Paragraph 3.a. is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; B. The following provisions are added to SECTION II - WHO IS AN INSURED: NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 7 of 11 4. Additional Insured - Owners, Lessees or Contractors- Automatic Status When Required In Construction or Service Agreement With You Each of the following is an insured: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: (1) Your acts or omissions, or the acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or (2) "Your work" specified in the "written contract" but only for "bodily injury", "property damage" or "personal and advertising injury" included in the "products -completed operations hazard"; However, the insurance afforded to such additional insureds described in Paragraphs a. and b. above, only applies to the extent permitted by law and will not be broader than that which you are required by the contract or agreement to provide for such additional insureds. c. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. d. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement you have entered into with the additional insured; or (2) Available under the applicable Limits of Insurance; whichever is less. This coverage shall not increase the applicable Limits of Insurance. 5. Additional Insured - Lessor of Leased Equipment- Automatic Status When Required In Lease Agreement With You Each of the following is an insured: a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 8 of 11 However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance; whichever is less. This coverage shall not increase the applicable Limits of Insurance. 6. Additional Insured - Managers or Lessors of Premises Each of the following is an insured: a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person(s) or organization(s). However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance; whichever is less. This coverage shall not increase the applicable Limits of Insurance. 7. Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured Each of the following is an insured: a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" which may be imputed to that architect, engineer or surveyor arising out of: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 9 of 11 in the performance of your ongoing operations performed by you or on your behalf. Such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: The insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. SECTION III - LIMITS OF INSURANCE A. Paragraphs 2., 3., and 6. of SECTION III - LIMITS OF INSURANCE are replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B; and d. Damages under Coverage G. e. Damages under Coverage H. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" and Coverage F. 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, or smoke resulting from such fire, explosion, or lightning, or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. B. The following are added to SECTION III - LIMITS OF INSURANCE: 8. Aggregate Limits of Insurance ( Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 9. Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to each of your "construction projects" away from premises owned by or rented to you. "Construction Project" means "your work" conducted according to a single plan. NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 10 of 11 10. Even though the General Aggregate Limit applies separately to each of your "locations" and each of your "construction projects", the most we will pay under this policy is three times the General Aggregate Limit regardless of the number of "locations", "construction projects", 'occurrences", "insureds", claims, "suits", or persons or organizations making claims or bringing "suits". SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS A. The following is added to Paragraph 4. Other Insurance: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. B. Paragraphs 2.a. and b. are replaced with the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the Named Insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: (1) How, when and where the "occurrence" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit' is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit' and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit' as soon as practicable. Knowledge of a claim or "suit' by your agent, servant or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the Named Insured has received such notice from the agent, servant or employee. C. The following is added to Paragraph 2.c.: 2. Duties In The Event Of Occurrence, Offense, Claim or Suit c. You and any other involved insured must: (5) Upon our request, replace or repair the property covered under Coverage D - Voluntary Property Damage at your actual cost, excluding profit or overhead. D. Paragraph 8. is modified by adding the following sentence: 8. Transfer Of Rights Of Recovery Against Others To Us We waive our right to recovery against any person or organization for whom the insured is operating under a written contract when such contract requires a waiver of subrogation, and such contract is executed before the "property damage" or "bodily injury" occurs or the "personal and advertising" offense is committed. NA CG 23A 03 21 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 11 of 11 CERTIFIED COPY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That the AMERICAN ALTERNATIVE INSURANCE CORPORATION, a corporation organized and existing by virtue of the laws of the Slate of Delaware (-Corporation) with offices at 555 College Road East. Princeton, N.J 08543. has made, constituted and appointed, and by these presents, does make, constitute and appoint: Russ Frenzel; Brady K. Cox; William D. Baldwin; Brent Baldwin; Michael B. Hill; Kefth Rogers; Sam Freireich; Brock Anglin; Cindy Alford; Yamillec Ramos; Neira Hernandez; and Kriati Meek its true and lawful Attorneys -in -Fad, at Princeton, in the State of New Jersey, each of them alone to have full power to act without the other or others, to make, execute and deliver on its behalf, as Surety or Co -surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions. agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate said Company for any portion of the penal sum thereof in excess of the sum of One Hundred Million Dollars (S100,000,000). Such bonds and undertakings for said purposes, when duly executed by said Attomey(s)-in-Fact, shall be binding upon said Company as fully and to thesame extent as if signed by the President of said Company under its corporate seal attested by its Secretary. This appointment is made under and by authority of a certain Resolution adopted at a meeting of the Board of Directors of said Company duly held on the 27th day of August. 1975, a copy of which appears below. IN WITNESS WHEREOF, the AMERICAN ALTERNATIVE INSURANCE CORPORATION has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 24'day of September, 2021. _. LDPPDRgTF p z By: u; Michael G. Kerner President Attest: , Ignacio�2tvera Deputy General Counsel & Secretary STATE OF NEW JERSEY, COUNTY OF SOMERSET The foregoing instrument was acknowledged before me by means of online notarization this 24`' day of September, 2021. by Michael G. Kerner and Ignacio Rivera, who are personally known to me. SECRETARY'S CERTIFICATE The undersigned. Ignacio Rivera, hereby certifies: Ji o Sen6lippo otary Pu is S to of New J y My Commission Expires February 8, 2026 'Mat the undersigned is Secretary of American Alternative Insurance Corporation, a corporation of the State of Delaware, That the original power ofatiomey, ot,which the foregoing is a copy was duly executed on behalfufsaid Corporation on the day of its date, and has not since been revoked. amended or modified. that the undersigned has compared the foregoing copy thereof %vith said original power ofattomey, and that the same is a true and correct cop) of said original power of attorney and of the \%hole thereof. That the original resolution of which the billowing is a cop) %vas duly adopted aL and recorded in the minutes of', a regular meeting of the Board of Directors of said Corporation duly held on August 4, 1998. and has not since been revoked, amended or modified RESOLVED, that each ofthe fDilm%ing officers of this Corporation, namely. the President, the Executive Vice President, the Senior Vice Presidents, and the Vice Presidents, be, and they hereby are, authorized, from time to time in their discretion, to appoint such agent or agents or attorney or attorneys -in -fact as deemed by them necessary or desirable for the purpose of carrying on this Corporation's business, and to empower such agent or agents or attorney or attorneys- m-fact to execute and deliver, in this Corporation's name and on its behalf, and under its seal or otherwise, surety bonds, surety undertakings or surety contracts made by this Corporation as surety thereon. RESOLVED, that the signature orally authorized officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney and revocation of any power of attorney or certificate of either given for the execution orally surety bond, surety undertaking, or surety contract. such signature and seal, %%hen so used being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to he valid and binding upon the Corporation with the same force and effect as though manually affixed. PURTIIER RESOLVED, that any prior appointments by the Corporation of MGAs are, in all respects, hereby ratified, confirmed and approved FURTHER RESOI VED, that the Secretary or any Assistant Secretary of this Corporation is hereby authorized to certify and deliver to any person to whom such certification and delivery may tic, deemed necessary and desirable in the opinion of such Secretary or Assistant Secretary, a true copy of the foregoing resolution T11e undersigned has compared the foregoing copies of said original resolutions as so recorded, and they are the same true and correct copies of said original resolutions as so recorded and of the whole thereof Witness the hand of the undersigned and the scud ufsaid Corporation [his 16th day of May . 2p 24 AMERICAN A rERNt%,nVE INSURANCE CORPORATION ppPOAgT`O�`% G = a'. SEAL ri `,,,pl.,1s23,,.�.�,,,a- titnleiati .a�{4ta:n.F4311�LrafI911 Ignacio Rivera Deputx General Counsel & Secretary TRS-1001-1 Munich RE — Bond Verification Should you wish to verify the authenticity of this bond, please send your request, including a copy of the bond, via email to: essuretyuwsupport@munichre.com Bond Claims or Notices Should you wish to file any notices to the Surety for this American Alternative Insurance Corporation bond(s) they should be sent via email, including all pertinent correspondence or information to: P0060014688@munichre.com or Mail to: Munich Re Specialty Insurance 330 Madison Avenue, 12th Floor New York, NY 10017 Attn: Surety Bond Claims GILCO CONTRACTING, INC. SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page 1 of 1 Bidder's Application Project Item Information Item Specification Unit of I Bid IBidlist No. Description Section No. I I Measure Quantity UNIT IV: PAVING IMP OVEMENTS_ 1 3213.0101 6' Conc Pvmt 3213 13 SY 39175 $ 2rr_.1, 9999.0021 7.5" Conc Pvmt 32 13 13 SY 921 $ 3 3213.0301 4" Conc Sidewalk 32 13 20 SF 19081 $ 4 3213.0506 Barrier Free Ramp, Type P-1 321320 EA 20 $ 5 3213.0501 Barrier Free Ramp, Type R-1 321320 1321129 EA 8 $ 6 3211.05016" Lime Treatment SY 41877 $ 7 3211.0502 8" Lime Treatment 3211 29 SY 984 $ 8 3211.0400 Hydrated Lime 32 11 29 TN 774 $ 9 3292.0200 Seeding, Broadcast 32 92 13 SY 1805 $ 16 0241.0402 Remove Asphalt Drive 0241 13 SF 11391 $ _....11 9999.0016 Remvoe End -of -Road Barricade 00 00 00 EA 4 $ 12 3212.0401 HMAC Transition 32 12 16 SY 6 TOTAL UNIT IV: PAVING IMPROVEMENTS u UNIT V{ TRAFFIC SIGNAL IMPROVEME TS 1 3441 4003 Furnish/Install Alum Sign Ground Mount 34 41 30 2 13441.4003 Fumish/Install Alum Sign Ground Mount no Stop sign .34 41 30 EA 6 $ TOTAL UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS Bid Summary { UNIT IV: PAVING IMPROVEMENTS UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS Total Construction Bid This Bid is submitted by the entity named below: BIDDER: Gilco Contracting, Inc 6331 Southwest Blvd Benbrook, Texas 76132 817-735-1600 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. Leia McQuien BV: , 1 TITLE: VP Operations DATE` 5/26/24 END OF SECTION Bidders Proposal Unit Price I Bid Value 47.80 $11872"565,00 66.85 $61,568.185 7.85 $149,785.85 1,450.00 _$29,,00000 2,700.00 $21,600.00 3.40..,. _$142381.80 3.40 $3,345.60 278.00 $215,172..00 .................. 2.50 $4 512.50 3.55 $40,438.05 500.00 $2,000.00 500.00 $3 000.00 $2,545,369.651 $1 $2,,65I ........................545..........369. $54,800.00 $2,600,169.65� 110 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22. 2019 00 42 43_Bid Proposal_Gilco 0045 12 DAP PREQUALIFICATION STATEMENT Page I of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work Tyne" box provide the complete major work type and actual description as provided by the Water Department for water and sewer and TPW for vavinp. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Paving Gilco Contracting, Inc. 12/31/24 1 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Leia McQuien Gilco Contracting, Inc. BY: 6331 Southwest Blvd, Benbrook, Texas 76132 TITLE: oQ�Yg,r8ns DATE: 5/26124 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT — DEVELOPER AWARDED PROJECTS 00 45 12—Gilco—Prequalification Statement 2015—DAP Form Version September 1, 2015 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. 104824. Contractor further certifies that, pursuant to Texas Labor Code, Section 6 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage. 8 CONTRACTOR: 9 Gilco Contracting. Inc. 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 Company 6331 Southwest Blvd. Address Benbrook, TX 76132 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By: Lek 1 Y 1 C 0 wk (Please Print) Signature: L11, Title: V N ty �bV)S (Please Print) EFORE ME, the undersigned authority, on this day personally appeared PAGE MG (P"A el" known to me to be the person whose name is subscribed to the foregoing i strument, and acknowledged to me that he/she executed the same as the act and deed of�;l (\CO (1)vl 1 cocb lY , ' Y1C . for the purposes and consideration therein expressed and in the capacity therein stated. GIj N�UNDER MY HAND AND SEAL OF OFFICE this &W day of h' 20J2- Notary Public in and for the State of Texas END OF SECTION dY P EMMA TURNER P. uAl�,. S-r° " o; Notary Public, State of Texas *I *' My commission Expires P.; August 12, 2025 NOTARY 10 13326419 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 NORTHSTAR WEST PHASE 3 CoFW Project No: 104824 005243-1 Developer Awarded Project Agreement Page 1 of 5 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 5/21/24 is made by and between the Developer, 170 4 Northstar Ranch Developer. Inc., authorized to do business in Texas ("Developer') , and Gilco 5 Contractine, Inc.. authorized to do business in Texas, acting by and through its duly authorized 6 representative, ("Contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree 8 as follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part 14 is generally described as follows: 15 Northstar West Phase 3 16 City Proiect No: 104824 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 110 working days after the date 23 when the Contract Time commences to run as provided in Paragraph 12.04 of the 24 Standard City Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer 27 will suffer financial loss if the Work is not completed within the times specified in 28 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 29 the Standard City Conditions of the Construction Contract for Developer Awarded 30 Projects. The Contractor also recognizes the delays, expense and difficulties involved in CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised June 16, 2016 005243-2 Developer Awarded Project Agreement Page 2 of 5 31 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 32 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees 33 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 Developer One Thousand Five Hundred Dollars $1,500.00 for each day that expires after 35 the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final 36 Letter of Acceptance. 37 Article 4. CONTRACT PRICE 38 Developer agrees to pay Contractor for performance of the Work in accordance with the 39 Contract Documents an amount in current funds of Two Million Six Hundred Thousand One 40 Hundred Sixtv Nine and Sixtv Five CentsDollars ($2,600,169.65). 41 Article S. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between Developer 44 and Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form (As provided by Developer) 48 1) Proposal Form (DAP Version) 49 2) Prequalification Statement 50 3) State and Federal documents (project specific) 51 b. Insurance ACORD Form(s) 52 c. Payment Bond (DAP Version) 53 d. Performance Bond (DAP Version) 54 e. Maintenance Bond (DAP Version) 55 f. Power of Attorney for the Bonds 56 g. Worker's Compensation Affidavit 57 h. MBE and/or SBE Commitment Form (If required) 58 3. Standard City General Conditions of the Construction Contract for Developer 59 Awarded Projects. CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS COFW Project No: 104824 Revised June 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of 5 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued, become an incorporated part of the Contract 69 Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 Article 6. INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of, the work and services to be performed by 78 the contractor, its officers, agents, employees, subcontractors, licenses or invitees under 79 this contract. This indemnification provision is specifically intended to operate and be 80 effective even if it is alleged or proven that all or some of the damages being sought 81 were caused. in whole or in part. by anv act. omission or negligence of the citv. This 82 indemnity provision is intended to include, without limitation, indemnity for costs, 83 expenses and legal fees incurred by the city in defending against such claims and causes 84 of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city, its officers, servants and employees, from and against any and all loss, damage 88 or destruction of property of the city, arising out of, or alleged to arise out of, the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification provision 91 is specifically intended to operate and be effective even if it is alleged or proven that all CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised June 16, 2016 OOS243-4 Developer Awarded Project Agreement Page 4 of S 92 or some of the damages being sought were caused, in whole or in part, by anv act, 93 omission or negligence of the city. 94 95 Article 7. MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 98 the Construction Contract for Developer Awarded Projects. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the Developer. 102 7.3 Successors and Assigns. 103 Developer and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon DEVELOPER and 110 CONTRACTOR. 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas, Fort Worth Division. 115 7.6 Authority to Sign. 116 Contractor shall attach evidence of authority to sign Agreement, if other than duly 117 authorized signatory of the Contractor. 118 119 CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised June 16, 2016 120 121 122 123 124 005243-5 Developer Awarded Project Agreement Page 5 of 5 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: Gilco Contracting, Inc. 170 Northstar Ranch Developer, Inc. By: (Signature) I-1 -13 t Ck r D wt k-11 (Printed Name) Title: W oo6mb MIS Company Name: Gilco Contracting, Inc. Address: 6331 Southwest Blvd. City/State/Zip: Benbrook, Texas 76132 1A I aiO a oaq Date By: I (Signature) (Printed Name) Title: VI/11 Company name: 170 Northstar Ranch Developer, Inc. Address: 3045 Lackland Road City/State/Zip: Fort Worth, TX 76116 Date 12-1( CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECiRCATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised June 16, 2016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 00 61 25 - 1 CERTIFICATE OF INSURANCE Page 1 of 1 SECTION 00 6125 CERTIFICATE OF INSURANCE END OF SECTION CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CoFW Project No: 104824 Revised July 1, 2011 Bond #022238737 006213-1 PERFORMANCE BOND Page 1 of 3 1 SECTION 00 62 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Gilco Contracting, Inc. , known as "Principal' herein and 8 Liberty Mutual Fire Insurance Company , a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether 10 one or more), are held and firmly bound unto the Developer, 170 Northstar Ranch Developer, 11 Inc., authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas 12 municipal corporation ("City"), in the penal sum of, Two Million Six Hundred Thousand One 13 Hundred Sixty Nine and Sixtv Five Cents Dollars ($2,600,169.65), lawful money of the United 14 States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and 15 truly to be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our 16 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 17 presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 20 CFA Number CFA24-0048; and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the 2— day of Mav , 2024 , which Contract is hereby referred to and made a 23 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 24 and other accessories defined by law, in the prosecution of the Work, including any Change 25 Orders, as provided for in said Contract designated as Northstar West Phase 3. 26 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall 27 faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 28 perform the Work, including Change Orders, under the Contract, according to the plans, 29 specifications, and contract documents therein referred to, and as well during any period of CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY CONDITIONS— DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised January 31, 2012 006213-2 PERFORMANCE BOND Page 2 of 3 1 extension of the Contract that may be granted on the part of the Developer and/or City, then 2 this obligation shall be and become null and void, otherwise to remain in full force and effect. 3 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 4 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 5 Worth Division. 6 This bond is made and executed in compliance with the provisions of Chapter 2253 of 7 the Texas Government Code, as amended, and all liabilities on this bond shall be determined in 8 accordance with the provisions of said statue. 9 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this 10 instrument by duly authorized agents and officers on this the 22 day of May 2024 . 11 PRINCIPAL: 12 13 14 15 16 19�\� Q 20 rincipal) Secret ry 21 22 224 3 25 26 Witness as to Principal 27 28 29 30 31 32 33 34 35 36 37 38 39 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Gilco C0' 'acting, Inc. ZA BY: USignature Leia McQuien, Vice President, Operations Name and Title Address: 6331 Southwest Blvd. Benbrook, TX 76132 SURETY: Liberty Mutual Fire Insurance Company BY: *Sigature Sophinie Hunter, Attorney -In -Fact Name and Title Address: 2200 Renaissance Blvd., Suite 400 King of Prussia, PA 19406 NORTHSTAR WEST PHASE 3 CoFW Project No: 104824 `V\ 2 Witness as to Surety 3 006213-3 PERFORMANCE BOND Page 3 of 3 Telephone Number: 214-989-0000 5 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 6 from the by-laws showing that this person has authority to sign such obligation. If 7 Surety's physical address is different from its mailing address, both must be provided. 9 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised January 31, 2012 Bond #022238737 00 62 14 - 1 PAYMENT BOND Page 1 of 3 1 \SECTION 00 62 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Gilco Contracting, Inc., known as "Principal" herein, and 8 Liberty Mutual Fire Insurance Company , a corporate surety ( or 9 sureties if more than one), duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, 170 11 Northstar Ranch Developer, Inc., authorized to do business in Texas "(Developer"), and the City 12 of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of Two Million Six 13 Hundred Thousand One Hundred Sixtv Nine and Sixtv Five Cents Dollars ($2,600,169.65), lawful 14 money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of 15 which sum well and truly be made jointly unto the Developer and the City as dual obligees, we 16 bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 17 firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number CFA24-0048; and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the 21 day of Mav , 20 24 , which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as Northstar West Phase 3. 26 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall 27 pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of 28 the Texas Government Code, as amended) in the prosecution of the Work under the Contract, CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised January 31, 2012 006214-2 PAYMENT BOND Page 2 of 3 1 then this obligation shall be and become null and void; otherwise to remain in full force and 2 effect. 3 This bond is made and executed in compliance with the provisions of Chapter 2253 of 4 the Texas Government Code, as amended, and all liabilities on this bond shall be determined in 5 accordance with the provisions of said statute. 6 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this 7 instrument by duly authorized agents and officers on this the 22 day of 8 Mav 2024 . �9 ATTEST: (Principal) Secretary Witness as to Principal CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised January 31, 2012 PRINCIPAL: Gilco Contracting. Inc. BY: V Signature Leia McQuien, Vice President, Operations Name and Title Address: 6331 Southwest Blvd. Benbrook, TX 76132 SURETY: Liberty Mutual Fire Insurance Company NORTHSTAR WEST PHASE 3 CoFW Project No: 104824 1 2 3 4 5 006214-3 PAYMENT BOND Page 3 of 3 ATTEST: BY: g4,-io Signature _i4,Q IG- Sophinie Hunter, Attorney -In -Fact (Surety) Secretary Name and Title Address: 2200 Renaissance Blvd., Suite 400 King of Prussia, PA 19406 Witness as to Surety Telephone Number: 214-989-0000 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. 6 The date of the bond shall not be prior to the date the Contract is awarded. 7 F END OF SECTION CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY CONDITIONS— DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised January 31, 2012 Bond #022238737 00 62 19 - 1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 62 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we Gilco Contracting, Inc. , known as "Principal' herein and g Liberty Mutual Fire Insurance Company , a corporate surety (sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether 10 one or more), are held and firmly bound unto the Developer, 170 Northstar Ranch Developer. 11 Inc., authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas 12 municipal corporation ("City"), in the sum of Two Million Six Hundred Thousand One Hundred 13 Sixty Nine and Sixtv Five Cents Dollars ($2,600,169.65), lawful money of the United States, to be 14 paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made 15 jointly unto the Developer and the City as dual obligees and their successors, we bind ourselves, 16 our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 17 presents. 18 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 21 CFA Number CFA24-0048; and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the?_ day of KAAy . 20 24 , which Contract is 24 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish 25 all materials, equipment labor and other accessories as defined by law, in the prosecution of the 26 Work, including any Work resulting from a duly authorized Change Order (collectively herein, the 27 "Work") as provided for in said Contract and designated as Northstar West Phase 3; and 28 CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY CONDITIONS— DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised January 31, 2012 006219-2 MAINTENANCE BOND Page 2 of 3 1 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 2 accordance with the plans, specifications and Contract Documents that the Work is and will 3 remain free from defects in materials or workmanship for and during the period of two (2) years 4 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 6 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 7 receiving notice from the Developer and/or City of the need thereof at any time within the 8 Maintenance Period. wo 10 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy 11 any defective Work, for which timely notice was provided by Developer or City, to a completion 12 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 13 full force and effect. 14 15 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 16 noticed defective Work, it is agreed that the Developer or City may cause any and all such 17 defective Work to be repaired and/or reconstructed with all associated costs thereof being 18 borne by the Principal and the Surety under this Maintenance Bond; and 19 20 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 21 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 22 Worth Division; and 23 24 PROVIDED FURTHER, that this obligation shall be continuous in nature and successive 25 recoveries may be had hereon for successive breaches. 26 CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 21 day of Mav 3 .2094 . 4 5 6 7 8 9 10 11 ATTE T: 12 13 ��� �� Q- : OA04 14 (Pl ipal) Secretary 15 16 17 18 �ar�lkr�ec� 19 20 Witness as to Principal 21 22 23 24 25 26 27 28 29 30 31 32 33 341t�tJ.i 35 Witness as to SurAy 36 37 PRINCIPAL: Gilco Contr ctiP-,v BY: (&",� lf• SI ature Leia McQuien, Vice President, Operations Name and Title Address: 6331 Southwest Blvd. Benbrook, TX 76132 SURETY: Liberty Mutual Fire Insurance Company BY: l I(�t Olt) gn S ature Sophinie Hunter, Attorney -In -Fact Name and Title Address: 2200 Renaissance Blvd., Suite 400 King of Prussia, PA 19406 Telephone Number: 214-989-0000 38 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 39 from the by-laws showing that this person has authority to sign such obligation. If 40 Surety's physical address is different from its mailing address, both must be provided. 41 42 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised January 31, 2012 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Fire Insurance Company Mutual., Wausau, Wisconsin Certificate No: 8205468-022020 SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: Liberty Mutual Fire Insurance Company, being a Wisconsin Corporation having its principal office in the City of Wausau, State of Wisconsin does hereby make, constitute and appoint Don E. Connell; Joshua Saunders; Kelly A. Westbrook; Mikaela Peppers; Ricardo J. Reyna; Robbi Morales; Sophinie Hunter; Tina McEwan; Tonie Petranek all of the city of Dallas state of TX each individually if there be more than one named, its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in their/its name, place and stead, to sign, execute, acknowledge and deliver in their/its behalf, and as theirfits act and deed, without power of redelegation, as follows: Bonds, undertakings, recognizances, contracts of indemnity, and all other surety obligations, as required, unlimited as to Dollar amount and to bind the Company(ies) making this appointment thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Company(ies), and all the acts of said attorney(s), pursuant to the authority herein given, are hereby ratified and confirmed. AUTHORITY FOR MAKING APPOINTMENT OF ATTORNEYS -IN -FACT Appointment of Attorneys -in -Fact by Liberty Mutual Fire Insurance Company are made pursuant to Article V, Section 10 of Liberty Mutual Fire Insurance Company's By -Laws, as amended and by Unanimous Consent of the Board of Directors dated May 21st, 2013. Further, the President of Liberty Mutual Fire Insurance Company, executed a Delegation of ui Authority and authorized the assistant secretary signing below to appoint attorneys -in -fact as may be necessary to act on behalf of Liberty Mutual Fire Insurance Company to make ' execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances, and other surety obligations. aD 0 IN WITNESS WHEREOF, Liberty Mutual Fire Insurance Company has caused these presents to be signed by its authorized representatives, and its Corporate Seal to be hereto affixed, c this 23rd day of April 2021 — a Liberty Mutual Fire Insurance Company ,L) "N E INS U N 7 G� 'P=GQ(iPOgq��pyym ; ca g 1908 d'sCONs``' a By: ! p Cn o �'e* *ad David M. Carey, Assistant Secretary a, O a�'m do EE Attest: o (D ; Heather B. Magee o 0 C� `� cn a`t State of PENNSYLVANIA m 00 o C County of MONTGOMERY ss o N E a� �- The foregoing instrument was acknowledged before me this 23rd day of April 2021 by David M. Carey, an authorized representative of Liberty Mutual Fire Insurance o Insurance Company. m >. me i �m ..>+ kr . 5N'7-- "fit` Commonwealth of Pennsylvania - Notary Seal p a)p L Teresa Pastella, Notary Public } W it Montgomery County !/� ` N ' 1 ! CU My commission expires March 28, 2025 By• LL Q Commission number 1126044 f Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public CERTIFICATE I, the undersigned, an Assistant Secretary of Liberty Mutual Fire Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney was one of the officers or officials specially authorized by the Board of Directors to appoint attorneys -in -fact as provided in the Unanimous Consent and Vote of the Board of Directors of Liberty Mutual Fire Insurance Company dated May 21, 2013. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the Board of Directors of Liberty Mutual Fire Insurance Company evidenced by the Unanimous Consent and Vote of the Board of Directors dated June 28, 2006 wherein it was VOTED that the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature and facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any surety undertakings, bonds, recognizances and other surety obligations to which it is attached. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, affixed, this day of FIRE 1 NSG gr° Fo m B By: 1908 n o Renee C. Llewellyn, Assistant Secretary rd h�sCoos`� D� LMS-22023 03/21 TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call toll -free for information or to make a complaint at 1-877-751-2640 You may also write to: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance Consumer Protection (I I I-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX: (512) 490-1007 Web: http://www.tdi.texas.2ov E-mail: ConsumerProtectionVtdi.texas.2ov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the agent or call 1-800-843-6446. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. TEXAS AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis para informacion o para someter una queja al 1-877-751-2640 Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas a] 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Protection (I I I-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX # (512) 490-1007 Web: httn://www.tdi.texas.2ov E-mail: Con sumerProtectionVtdi.texas.2ov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI) UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. NP70680901 LMS-15292 10115 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Article 1 — Definitions and Terminology.......... 1.01 Defined Terms ............................... 1.02 Terminology .................................. Article 2 — Preliminary Matters ....................... 2.01 Before Starting Construction...... 2.02 Preconstruction Conference........ 2.03 Public Meeting ............................ Page .............................................1 .............................................1 ............................................. 5 ....................................................... 6 ....................................................... 6 ....................................................... 6 ....................................................... 6 Article 3 — Contract Documents and Amending............................................................................................... 6 3.01 Reference Standards..................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents.................................................................. 6 Article 4 — Bonds and Insurance....................................................................................................................... 7 4.01 Licensed Sureties and Insurers..................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds........................................................................ 7 4.03 Certificates of Insurance............................................................................................................... 7 4.04 Contractor's Insurance.................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................12 Article 5 — Contractor's Responsibilities........................................................................................................12 5.01 Supervision and Superintendent.................................................................................................12 5.02 Labor; Working Hours................................................................................................................13 5.03 Services, Materials, and Equipment...........................................................................................13 5.04 Project Schedule..........................................................................................................................14 5.05 Substitutes and "Or-Equals".......................................................................................................14 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors).....................................16 5.07 Concerning Subcontractors, Suppliers, and Others...................................................................16 5.08 Wage Rates..................................................................................................................................18 5.09 Patent Fees and Royalties...........................................................................................................19 5.10 Laws and Regulations.................................................................................................................19 5.11 Use of Site and Other Areas.......................................................................................................19 5.12 Record Documents......................................................................................................................20 5.13 Safety and Protection.................................................................................................................. 21 5.14 Safety Representative.................................................................................................................21 5.15 Hazard Communication Programs.............................................................................................22 5.16 Submittals....................................................................................................................................22 5.17 Contractor's General Warranty and Guarantee..........................................................................23 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ............................................ 5.19 Delegation of Professional Design Services 5.20 Right to Audit: ............................................. 5.21 Nondiscrimination ........................................ Article 6 - Other Work at the Site....... 6.01 Related Work at Site ....... Article 7 - City's Responsibilities ............................................ 7.01 Inspections, Tests, and Approvals ....................... 7.02 Limitations on City's Responsibilities ................ 7.03 Compliance with Safety Program ........................ Article 8 - City's Observation Status During Construction....... 8.01 City's Project Representative ................................. 8.02 Authorized Variations in Work .............................. 8.03 Rejecting Defective Work ...................................... 8.04 Determinations for Work Performed ...................... Article 9 - Changes in the Work ...................... 9.01 Authorized Changes in the Work 9.02 Notification to Surety ................... Article 10 - Change of Contract Price; Change of Contract Time 10.01 Change of Contract Price ........................................... 10.02 Change of Contract Time ........................................... 10.03 Delays......................................................................... Article 11 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ............ 11.01 Notice of Defects.............................................................................................................. 11.02 Access to Work................................................................................................................. 11.03 Tests and Inspections........................................................................................................ 11.04 Uncovering Work............................................................................................................. 11.05 City May Stop the Work................................................................................................... 11.06 Correction or Removal of Defective Work...................................................................... 11.07 Correction Period.............................................................................................................. 11.08 City May Correct Defective Work................................................................................... Article 12 - Completion ........................................... 12.01 Contractor's Warranty of Title ............ 12.02 Partial Utilization ................................. 12.03 Final Inspection .................................... 12.04 Final Acceptance .................................. Article 13 - Suspension of Work ..................................... 13.01 City May Suspend Work ............................. Article 14 - Miscellaneous ......................................... 14.01 Giving Notice ......................................... CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 24 24 25 25 26 26 26 26 26 27 a a ... 29 ... 29 ... 29 ... 29 ... 30 ... 30 ... 30 ... 30 ... 31 ................................. 32 ................................. 32 ................................. 32 ................................. 32 ................................. 33 ............................................................. 33 ............................................................. 33 34 34 14.02 Computation of Times................................................................................................................ 34 14.03 Cumulative Remedies................................................................................................................. 34 14.04 Survival of Obligations...............................................................................................................35 14.05 Headings......................................................................................................................................35 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw — City's on-line, electronic document management and collaboration system. 5. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home -rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract —The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents —Those items that make up the contract and which must include the Agreement, and it's attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non -Resident Bidder iii. Prequalification Statement C. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions 1. Supplementary Conditions in. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents o. Drawings P. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor —The individual or entity with whom Developer has entered into the Agreement. 11. Day or day —A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer — An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance — The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 16. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements —A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non -Participating Change Order —A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order —A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans — See definition of Drawings. 24. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 25. Project —The Work to be performed under the Contract Documents. 26. Project Representative —The authorized representative of the City who will be assigned to the Site. 27. Public Meeting — An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours — Hours beginning at 7: 00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 30. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site —Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions — That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of apart of the Work at the Site. 35. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions —That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours — Hours beginning at 9: 00 a. in. and ending at 5: 00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 41. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non -Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p. m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. C. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 ARTICLE 2 — PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non - Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 — CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non -Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City's written interpretation or clarification. ARTICLE 4 — BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 1. The certificate of insurance shall document the City, an as "Additional Insured" on all liability policies. 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either parry or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 4.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor's Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 I of 35 1) $1, 000, 000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: Burlington Northern Santa Fe (BNSF) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: a. General Aggregate: $10,000,000 b. Each Occurrence: $5,000,000 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of - CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at -grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company's right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 — CONTRACTOR'S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre -qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 ❑ Required for this Contract. © Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates ® Required for this Contract. ❑ Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 1 Ith day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For -Information -Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.13. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 ARTICLE 6 — OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. ARTICLE 7 — CITY'S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 7.03 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 — CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 ARTICLE 11— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. Developer/Contractor. City will forward all invoices for retests to 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor's obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 11.09. ARTICLE 12 — COMPLETION 12.01 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 — SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 — MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given i£ 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 01 11 00 SUMMARY OF WORK 011100-1 DAP SUMMARY OF WORK Paget of 3 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division 1 - General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. CITY OF FORT WORTH NORTHSTAR WEST PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CoFW Project No: 104823 Revised December 20, 2012 011100-2 DAP SUMMARY OF WORK Page 2 of 3 1 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in accordance with railroad requirements set forth in 7 Division 0 as well as the railroad permit. 8 D. Work within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission ftom the owner of such property. 11 2. Do not store equipment or material on private property unless and until the 12 specified approval of the property owner has been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifically provided otherwise, clear all rights -of -way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part of the project construction operations. 17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 18 lawns, fences, culverts, curbing, and all other types of structures or improvements, 19 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 20 appurtenances thereof, including the construction of temporary fences and to all 21 other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or private 23 lands of interest in lands which might be affected by the Work. 24 a. Such notice shall be made at least 48 hours in advance of the beginning of the 25 Work. 26 b. Notices shall be applicable to both public and private utility companies and any 27 corporation, company, individual, or other, either as owners or occupants, 28 whose land or interest in land might be affected by the Work. 29 c. Be responsible for all damage or injury to property of any character resulting 30 ftom any act, omission, neglect, or misconduct in the manner or method or 31 execution of the Work, or at any time due to defective work, material, or 32 equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the Project 35 to the original or a better than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the Work is 37 not in progress and when the site is vacated overnight, and/or at all times to 38 provide site security. 39 c. The cost for all fence work within easements, including removal, temporary 40 closures and replacement, shall be subsidiary to the various items bid in the 41 project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH NORTHSTAR WEST PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CoFW Project No: 104823 Revised December 20, 2012 011100-3 DAP SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 12 13 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH NORTHSTAR WEST PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CoFW Project No: 104823 Revised December 20, 2012 012500-1 DAP SUBSTITUTION PROCEDURES SECTION 0125 00 SUBSTITUTION PROCEDURES PART1- GENERAL 1.1 SUMMARY A. Section Includes: Page 1 of 4 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 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 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 NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised August 30, 2013 012500-2 DAP SUBSTITUTION 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 2. 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) Specification 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) Product experience 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 1. 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, if a reduction in cost or time results, it will be documented by Change Order. CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised August 30, 2013 012500-3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 4. 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 Developer's opinion, acceptance will require substantial revision of the original design d. In the City's or Developer's opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALSANFORMATIONAL 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 modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs 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 USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised August 30, 2013 012500-4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature Recommended Recommended as noted Firm Not recommended _Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised August 30, 2013 013119-1 DAP PRECONSTRUCTION MEETING SECTION 01 31 19 PRECONSTRUCTION MEETING PART1- GENERAL 1.1 SUMMARY A. Section Includes: Page 1 of 3 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: 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. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified 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. a. 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 beginning 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 NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised August 30, 2013 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 e. Other City representatives f. Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre -Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment J. Questions or Comments CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised August 30, 2013 013119-3 DAP PRECONSTRUCTION MEETING Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised August 30, 2013 013233-1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 SECTION 0132 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. Though not mandatory, it is highly recommended on infill developer projects. 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. 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 NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised August 30, 2013 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised August 30, 2013 SECTION 0133 00 DAP SUBMITTALS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 013300-1 DAP SUBMITTALS Page 1 of 8 General methods and requirements of submissions applicable 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 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. 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 Work 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 f) Delivery g) 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. CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised August 30, 2013 013300-2 DAP SUBMITTALS Page 2 of 8 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 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 Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) `By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 '/2 inches x 11 inches to 8 '/2 inches x 11 inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised August 30, 2013 013300-3 DAP SUBMITTALS Page 3 of 8 2. The Project title and number 3. Contractor identification 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 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps 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 diagrams 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 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. 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) Product photographs CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised August 30, 2013 013300-4 DAP SUBMITTALS Page 4 of 8 7) Standard wiring diagrams 8) Printed performance curves and operational -range diagrams 9) Production or quality control inspection and test reports and certifications 10) 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 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 I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on -site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 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) CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised August 30, 2013 013300-5 DAP SUBMITTALS Page 5 of 8 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN' is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised August 30, 2013 013300-6 DAP SUBMITTALS Page 6 of 8 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non -conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised August 30, 2013 013300-7 DAP SUBMITTALS Page 7 of 8 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. 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. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL 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] CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised August 30, 2013 013300-8 DAP SUBMITTALS Page 8 of 8 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 1040IZI]wlX40Y1.130 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised August 30, 2013 0135 13- 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 1 SECTION 01 3513 2 SPECIAL PROJECT PROCEDURES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives, Drop Weight, Etc. 12 £ Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. None. 20 C. Related Specification Sections include, but are not necessarily limited to: 21 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division 1 — General Requirements 23 3. Section 33 12 25 — Connection to Existing Water Mains 24 25 1.2 REFERENCES 26 A. Reference Standards 27 1. Reference standards cited in this Specification refer to the current reference 28 standard published at the time of the latest revision date logged at the end of this 29 Specification, unless a date is specifically cited. 30 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 31 High Voltage Overhead Lines. 32 3. North Central Texas Council of Governments (NCTCOG) — Clean Construction 33 Specification 34 1.3 ADMINISTRATIVE REQUIREMENTS 35 A. Coordination with the Texas Department of Transportation 36 1. When work in the right-of-way which is under the jurisdiction of the Texas 37 Department of Transportation (TxDOT): 38 a. Notify the Texas Department of Transportation prior to commencing any work 39 therein in accordance with the provisions of the permit CITY OF FORT WORTH NORTHSTAR WEST PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104823 Revised August, 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 013513-2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 b. All work performed in the TxDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Work near High Voltage Lines 1. Regulatory Requirements a. All Work near High Voltage Lines (more than 600 volts measured between conductors or between a conductor and the ground) shall be in accordance with Health and Safety Code, Title 9, Subtitle A, Chapter 752. 2. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 3. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage -type of guard about the boom or arm b. Insulator links on the lift hook connections for back hoes or dippers c. Equipment must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 4. Work within 6 feet of high voltage electric lines a. Notification shall be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de -energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. 2. Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA's Permit Required for Confined Spaces D. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section 01 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. CITY OF FORT WORTH NORTHSTAR WEST PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104823 Revised August, 30, 2013 013513-3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 1 2. Coordinate any event that will require connecting to or the operation of an existing 2 City water line system with the City's representative. 3 a. Coordination shall be in accordance with Section 33 12 25. 4 b. If needed, obtain a hydrant water meter from the Water Department for use 5 during the life of named project. 6 c. In the event that a water valve on an existing live system be turned off and on 7 to accommodate the construction of the project is required, coordinate this 8 activity through the appropriate City representative. 9 1) Do not operate water line valves of existing water system. 10 a) Failure to comply will render the Contractor in violation of Texas Penal 11 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 12 will be prosecuted to the full extent of the law. 13 b) In addition, the Contractor will assume all liabilities and 14 responsibilities as a result of these actions. 15 F. Public Notification Prior to Beginning Construction 16 1. Prior to beginning construction on any block in the project, on a block by block 17 basis, prepare and deliver a notice or flyer of the pending construction to the front 18 door of each residence or business that will be impacted by construction. The notice 19 shall be prepared as follows: 20 a. Post notice or flyer 7 days prior to beginning any construction activity on each 21 block in the project area. 22 1) Prepare flyer on the Contractor's letterhead and include the following 23 information: 24 a) Name of Project 25 b) City Project No (CPN) 26 c) Scope of Project (i.e. type of construction activity) 27 d) Actual construction duration within the block 28 e) Name of the contractor's foreman and phone number 29 f) Name of the City's inspector and phone number 30 g) City's after-hours phone number 31 2) A sample of the `pre -construction notification' flyer is attached as Exhibit 32 A. 33 3) Submit schedule showing the construction start and finish time for each 34 block of the project to the inspector. 35 4) Deliver flyer to the City Inspector for review prior to distribution. 36 b. No construction will be allowed to begin on any block until the flyer is 37 delivered to all residents of the block. 38 G. Public Notification of Temporary Water Service Interruption during Construction 39 1. In the event it becomes necessary to temporarily shut down water service to 40 residents or businesses during construction, prepare and deliver a notice or flyer of 41 the pending interruption to the front door of each affected resident. 42 2. Prepared notice as follows: 43 a. The notification or flyer shall be posted 24 hours prior to the temporary 44 interruption. 45 b. Prepare flyer on the contractor's letterhead and include the following 46 information: 47 1) Name of the project 48 2) City Project Number CITY OF FORT WORTH NORTHSTAR WEST PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104823 Revised August, 30, 2013 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor's foreman and phone number 6) Name of the City's inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. f. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. H. Coordination with United States 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. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates f. Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. 2. Obtain any supplemental information needed to comply with the railroad's requirements. J. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b. If wet saw cutting is performed, capture and properly dispose of slurry. K. Employee Parking 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH NORTHSTAR WEST PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104823 Revised August, 30, 2013 013513-5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 1 1.4 SUBMITTALS [NOT USED] 2 1.5 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 3 1.6 CLOSEOUT SUBMITTALS [NOT USED] 4 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.8 QUALITY ASSURANCE [NOT USED] 6 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.10 FIELD [SITE] CONDITIONS [NOT USED] 8 1.11 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 12 DATE NAME 8/31/2012 D.Johnson 13 END OF SECTION Revision Log SUMMARY OF CHANGE 1.3.13— Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. CITY OF FORT WORTH NORTHSTAR WEST PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104823 Revised August, 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH NORTHSTAR WEST PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104823 Revised August, 30, 2013 2 3 4 Date: EXHIBIT B FORT WORTH DOE NO. xxxx Project Name: 013513-7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, CONTRACTOR CITY OF FORT WORTH NORTHSTAR WEST PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104823 Revised August, 30, 2013 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 SECTION 0145 23 TESTING AND INSPECTION SERVICES PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City's document management system, or another form of distribution approved by the City. CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised March 20, 2020 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. Provide City's Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 03/20/2020 D.V. Magana Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City's document management system. CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised March 20, 2020 015000-1 TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 SECTION 0150 00 TEMPORARY FACILITIES AND CONTROLS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 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 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS 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 CITY OF FORT WORTH NORTHSTAR WEST PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CoFW Project No: 104823 Revised July 1, 2011 01 50 00 - 2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City's established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off -site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill 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 Provide and maintain for the duration or construction when required in contract documents E. Dust Control CITY OF FORT WORTH NORTHSTAR WEST PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CoFW Project No: 104823 Revised July 1, 2011 01 50 00 - 3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 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 1. 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 USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 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 [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities CITY OF FORT WORTH NORTHSTAR WEST PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CoFW Project No: 104823 Revised July 1, 2011 01 50 00 - 4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH NORTHSTAR WEST PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CoFW Project No: 104823 Revised July 1, 2011 015526-1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 SECTION 0155 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs 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 34 71 13 — Traffic Control 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 A. 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 specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS 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. CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised July 1, 2011 015526-2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 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. C. Modification to Approved Traffic Control Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. 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. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised July 1, 2011 015526-3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised July 1, 2011 015713-1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 SECTION 0157 13 STORM WATER POLLUTION PREVENTION PART1- GENERAL 1.1 SUMMARY 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 3125 00 — Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES 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 a. Measurement and Payment shall be in accordance with Section 3125 00. 1.3 REFERENCES 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 A. 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 specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised July 1, 2011 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 3125 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP Submit in accordance with Section 0133 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised July 1, 2011 0157 13 -3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 0133 00. 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised July 1, 2011 SECTION 0160 00 PRODUCT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A list of City approved products for use is available through the City's website at: httDs://apps.fortworthtexas.2ov/ProiectResources/ and following the directory path: 02 - Construction Documents\Standard Products List A. Only products specifically included on City's Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. B. Any specific product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City's Standard Product List. C. Although a specific product is included on City's Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer's standard product. D. See Section 0133 00 for submittal requirements of Product Data included on City's Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised March 20, 2020 01 60 00 DAP PRODUCT REQUIREMENTS Page 2 of 2 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] DATE NAME END OF SECTION Revision Log SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City's Standard Product List 4/7/2014 M.Domenech Revised for DAP application 03/20/2020 D.V. Magafia Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City's website. CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised March 20, 2020 016600-1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 SECTION 0166 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART1- GENERAL 1.1 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 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 AND HANDLING A. Delivery Requirements 1. Schedule delivery of products 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 OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised April 7, 2014 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 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 1. Handle products or equipment in accordance with these Contract Documents and manufacturer's recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer's recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 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 property 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. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City's Project Representative. CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised April 7, 2014 016600-3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - 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 NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised April 7, 2014 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised April 7, 2014 01 70 00 - 1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 SECTION 0170 00 MOBILIZATION AND REMOBILIZATION PART1- GENERAL 1.1 SUMMARY A. Section Includes: Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 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 NORTHSTAR WEST PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104823 Revised April 7, 2014 017000-2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor's operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Specified Remobilization" in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. CITY OF FORT WORTH NORTHSTAR WEST PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104823 Revised April 7, 2014 017000-3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Work Order Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Work Order Emergency Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH NORTHSTAR WEST PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104823 Revised April 7, 2014 017000-4 DAP MOBILIZATION AND REMOBILIZATION 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] DATE 4/7/2014 NAME M. Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP application Page 4 of 4 CITY OF FORT WORTH NORTHSTAR WEST PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104823 Revised April 7, 2014 017123-1 DAP CONSTRUCTION STAKING AND SURVEY Page 1 of 4 SECTION 01 71 23 CONSTRUCTION STAKING AND SURVEY PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Requirements for construction staking and construction survey 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. 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. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Submittals, if required, shall be in accordance with Section 0133 00. B. All submittals shall be approved by the City prior to delivery. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS A. Certificates 1. Provide certificate certifying that elevations and locations of improvements are in conformance or non-conformance with requirements of the Contract Documents. a. Certificate must be sealed by a registered professional land surveyor in the State of Texas. CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised April 7, 2014 01 71 23 - 2 DAP CONSTRUCTION STAKING AND SURVEY Page 2 of 4 B. Field Quality Control Submittals 1. Documentation verifying accuracy of field engineering work. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Construction Staking 1. Construction staking will be performed by the City. 2. Coordination a. Contact City's Project Representative at least 2 weeks in advance for scheduling of Construction Staking. b. It is the Contractor's responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stakes furnished by City. b. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed or disturbed, by Contractor's neglect, such that the contracted Work cannot take place, then the Contractor will be required to pay the City for new staking with a 25 percent markup. The cost for staking will be deducted from the payment due to the Contractor for the Project. B. Construction Survey 1. Construction Survey will be performed by the City. 2. Coordination a. Contractor to verify that control data established in the design survey remains intact. b. Coordinate with the City prior to field investigation to determine which horizontal and vertical control data will be required for construction survey. c. It is the Contractor's responsibility to coordinate Construction Survey such that construction activities are not delayed or negatively impacted. d. Notify City if any control data needs to be restored or replaced due to damage caused during construction operations. 1) City shall perform replacements and/or restorations. General a. Construction survey will be performed in order to maintain complete and accurate logs of control and survey work as it progresses for Project Records. b. The Contractor will need to ensure coordination is maintained with the City to perform construction survey to obtain construction features, including but not limited to the following: 1) All Utility Lines a) Rim and flowline elevations and coordinates for each manhole or junction structure 2) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Every 250 linear feet CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised April 7, 2014 01 71 23 - 3 DAP CONSTRUCTION STAKING AND SURVEY Page 3 of 4 (2) Horizontal and vertical points of inflection, curvature, etc. (All Fittings) (3) Cathodic protection test stations (4) Sampling stations (5) Meter boxes/vaults (All sizes) (6) Fire lines (7) Fire hydrants (8) Gate valves (9) Plugs, stubouts, dead-end lines (10) Air Release valves (Manhole rim and vent pipe) (11) Blow off valves (Manhole rim and valve lid) (12) Pressure plane valves (13) Cleaning wyes (14) Casing pipe (each end) b) Storm Sewer (1) Top of pipe elevations and coordinates at the following locations: (a) Every 250 linear feet (b) Horizontal and vertical points of inflection, curvature, etc. c) Sanitary Sewer (1) Top of pipe elevations and coordinates for sanitary sewer lines at the following locations: (a) Every 250 linear feet (b) Horizontal and vertical points of inflection, curvature, etc. (c) Cleanouts c. Construction survey will be performed in order to maintain complete and accurate logs of control and survey work associated with meeting or exceeding the line and grade required by these Specifications. d. The Contractor will need to ensure coordination is maintained with the City to perform construction survey and to verify control data, including but not limited to the following: 1) Established benchmarks and control points provided for the Contractor's use are accurate 2) Benchmarks were used to furnish and maintain all reference lines and grades for tunneling 3) Lines and grades were used to establish the location of the pipe 4) Submit to the City copies of field notes used to establish all lines and grades and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City to verify the guidance system and the line and grade of the carrier pipe on a daily basis. 6) The Contractor remains fully responsible for the accuracy of the work and the 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 City. 9) If the installation does not meet the specified tolerances, immediately notify the City and correct the installation in accordance with the Contract Documents. 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised April 7, 2014 01 71 23 - 4 DAP CONSTRUCTION STAKING AND SURVEY Page 4 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. It is the Contractor's responsibility to maintain all stakes and control data placed by the City in accordance with this Specification. B. Do not change or relocate stakes or control data without approval from the City. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised April 7, 2014 SECTION 0174 23 CLEANING PART1- GENERAL 1.1 SUMMARY 017423-1 DAP CLEANING Page 1 of 4 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 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. 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. CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised April 7, 2014 01 74 23 - 2 DAP CLEANING Page 2 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART2- PRODUCTS 2.1 OWNER -FURNISHED [OR] 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 manufacturer 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 [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised April 7, 2014 01 74 23 - 3 DAP CLEANING Page 3 of 4 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. Haul from site at a minimum of once per week 4. Vacuum 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 loose 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. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised April 7, 2014 DATE NAME 4/7/2014 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP application 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised April 7, 2014 SECTION 0177 19 CLOSEOUT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY 017719-1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 A. Section Includes: 1. The procedure for closing out a contract 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 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. 1.5 SUBMITTALS A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised April 7, 2014 017719-2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 0178 39 2. Operation and Maintenance Data, if required, in accordance with Section 0178 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 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 inspection 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 notice, 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 CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised April 7, 2014 017719-3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) £ Contractor's Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] DATE NAME 4/7/2014 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP application CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised April 7, 2014 017839-1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 SECTION 0178 39 PROJECT RECORD DOCUMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports 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 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City's Project Representative. 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL 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 Documents 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 NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised April 7, 2014 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 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 necessary 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] PART2- PRODUCTS 2.1 OWNER -FURNISHED [OR] OWNER -SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 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 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised April 7, 2014 017839-3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 2. 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 indelible 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 for the overlapping changes. 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 writing 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 WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised April 7, 2014 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] DATE NAME 4/7/2014 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP Application CITY OF FORT WORTH NORTHSTAR WEST PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CoFW Project No: 104824 Revised April 7, 2014