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Contract 62178
CSC No. 62178 AGREEMENT FOR DESIGN -BUILD SERVICES For Wagley Robertson Road City Project No. 104154 THIS AGREEMENT FOR DESIGN -BUILD SERVICES which INCLUDES DESIGN AND CONSTRUCTION SERVICES ("Agreement"), is made and entered into by and between the CITY of Fort Worth, a Texas municipality, ("CITY") and Flatiron Constructors, Inc., a Delaware corporation authorized to conduct business in the State of Texas ("DESIGN - BUILDER"). CITY and DESIGN -BUILDER may be referred to herein as a "Party" or the "Parties". WHEREAS, CITY desires to procure Design -Build services from DESIGN -BUILDER, which consists of Design and Construction Services, and DESIGN -BUILDER possesses experience, knowledge and technical resources to provide such services, for the design, construction and construction management for the Wagley Robertson Road project (City Project No. 104154) (the "Project"); and WHEREAS, the CITY budget for the Project is $25,000,000.00. WHEREAS, the DESIGN -BUILDER, for the fees and costs described herein, is willing and able to undertake and provide the Design and Construction services and to be responsible for the overall completion of the Project for a Guaranteed Maximum Price ("GMP") to be established at approximately 70% design development during the Preconstruction Phase, upon the terms, covenants, recitals, and conditions hereinafter set forth; and WHEREAS, DESIGN -BUILDER agrees to provide Pre -Construction Phase Services as defined in Attachment B and further described in Attachment A to prepare the GMP Proposal; and WHEREAS, DESIGN -BUILDER agrees, that should a GMP be successfully negotiated, to perform Construction Services as defined in Attachment B and described in Attachment A upon CITY's issuance of a Notice to Proceed with construction activities; and WHEREAS, the DESIGN -BUILDER agrees to be bound by and incorporate into its subcontracts, the applicable terms of the CITY's Standard General Conditions for a Design -Build Agreement ("General Conditions"), attached hereto as Attachment B; and WHEREAS, capitalized terms not specifically defined herein, including in any Attachment, shall have the meaning associated with those capitalized/defined terms as found in the Design -Build Agreement Page 1 of 15 Wagley Robertson Road - 104154 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX General Conditions. Conflicting definitions shall be harmonized to obtain a meaning consistent with the intent of the Agreement and the Project's scope. NOW THEREFORE, for and in consideration of these recitals, compensation by CITY for the services to be rendered by DESIGN -BUILDER, and the covenants and promises to be carried out by each Party, the CITY and DESIGN -BUILDER hereby agree to perform the services described herein upon the terms and conditions set forth herein and in any Attachments and Exhibits hereto, which are hereby incorporated. ARTICLE 'I — SERVICES A. DESIGN -BUILDER agrees to furnish all Preconstruction Phase and Construction Phase Services, as described in Attachments A and B and the Construction Documents to be developed. B. The Preconstruction Phase Services shall commence within 7 calendar days after receipt of an authorization in the form of a Notice to Proceed from the CITY to DESIGN -BUILDER. Preconstruction Phase Services include development of a Guaranteed Maximum Price ("GMP"). 1. The DESIGN -BUILDER shall prepare design Drawings in sufficient detail and scope to clearly identify all major features of the Project. The CITY shall acknowledge, in writing, the Drawings prior to DESIGN -BUILDER commencing detailed design work resulting in final Construction Documents. 2. Pursuant to a mutually agreeable GMP, the DESIGN -BUILDER shall submit for the CITY'S approval revised Construction Documents reflecting any changes proposed by the CITY and accepted by the DESIGN -BUILDER prior to the submission of the final Construction Documents to the CITY. C. DESIGN -BUILDER agrees to furnish all Construction Services, as described in Attachments A and B and the Construction Documents to be developed, for the amount set forth in the GMP, as hereinafter described, abiding by this Agreement and its Amendments and Attachments, to also include the Construction Documents created to effect the Work on the Project. DESIGN -BUILDER may initiate Construction phase early works packages, such as clearing and grubbing, materials procurement or utility relocations, prior to final development of the GMP. Costs of early works packages shall be included in the GMP. D. The Construction Services shall commence within 7 calendar days after receipt of an authorization in the form of a Notice to Proceed from the CITY to DESIGN - BUILDER. Design -Build Agreement Page 2 of 15 Wagley Robertson Road - 104154 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX E. The DESIGN -BUILDER shall be responsible for obtaining and paying for any necessary temporary construction easements or permission from adjacent landowners to allow DESIGN -BUILDER to perform the Work. F. The DESIGN -BUILDER shall provide final Construction Documents as agreed to upon acceptance of the GMP. DESIGN -BUILDER shall prepare and present the "as - built" or record set of construction documents for the Project prepared pursuant to Chapter 1001, Texas Occupations Code and the City's standard specifications at the conclusion of the Project. G. DESIGN -BUILDER warrants to CITY that all materials and equipment furnished under this Agreement will be new, unless otherwise specified. The DESIGN -BUILDER also warrants to CITY that all materials and equipment furnished under this Agreement will be in conformance with the Construction Documents. ►-11Z49IM 4=Mlelel'i1 a=1z61-119 [a]' A. DESIGN -BUILDER'S compensation for providing Pre -Construction Phase Services shall be the amount of $2,035,900.00. B. DESIGN -BUILDER'S compensation for providing Construction Phase Services shall be in the amount of 5.25% of the Cost of Work for construction fee, which amount, in dollars, shall be included in the GMP. C. The amounts recited in sections A and B, above, collectively form the Design - Builder Fee. D. CITY may, by giving written notice at any time before the end of the Preconstruction Phase Services phase, elect to terminate this Agreement should a GMP not be successfully negotiated or if the GMP, in the CITY's reasonable estimation, exceeds or would exceed the CITY's estimated construction budget. In such event, DESIGN -BUILDER shall be paid for Work performed up to the date of termination in accordance with this Agreement. E. DESIGN -BUILDER Contingency - The GMP may include a Contingency for DESIGN-BUILDER's sole and exclusive use, with CITY's written approval, to cover those costs considered reimbursable as a Cost of Work but not included in a Change Order. Any unspent contingency funds shall be shared on a 50150 basis between DESIGN -BUILDER and CITY. F. Schedule Incentives to promote performance results by contractors may be established by CITY for the Construction Phase. During development of the GMP, DESIGN -BUILDER and CITY may determine an allowance amount, which will be a Design -Build Agreement Page 3 of 15 Wagley Robertson Road - 104154 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX part of the GMP, to be used for schedule incentives. Any of these funds which remain unspent shall be returned to CITY. ►-l:49Is] I=11114m;7_1V1►'i1=11►Iy Payment by CITY to DESIGN -BUILDER is to be made as follows: A. DESIGN -BUILDER shall submit monthly an Application for Payment for Preconstruction Phase Services describing the work performed during the preceding month. All payment applications shall be subject to review by CITY to verify progress. B. DESIGN -BUILDER shall submit monthly an Application for Payment for Construction Phase Services describing the Work performed during the preceding month. All payment applications shall be subject to review by CITY to verify progress. C. The CITY shall make payment to DESIGN -BUILDER pursuant to Article 14 of the General Conditions, less 5% retainage, for Construction Phase Work. No retainage shall be held on DESIGN-BUILDER's Fee or Preconstruction Phase Services. DESIGN-BUILDER's Fee shall be shown as a line item in the Application for Payment. 1-1:41[y1211E,Effelly-3:7_1'►kd4411ll'FA 1IIliII]LTJI;J.fIy4 A. The Guaranteed Maximum Price proposal for the Project shall be presented to the CITY at the design development point identified above. B. Elements to be considered in the GMP include but are not limited to: 1. DESIGN -BUILDER'S Fee 2. Other Costs (overhead, Insurance and Bonding costs, etc.) as may be presented in the cost proposal 3. Design Phase Services fees and costs to progress the Project design from the agreed upon GMP design development point to an agreed upon, complete set of Construction Documents (Open Book) 4. Construction Costs (Open Book) 5. CITY Allowance and DESIGN -BUILDER Contingency Amounts C. After submission of the GMP Proposal, DESIGN -BUILDER and CITY shall meet to discuss and review the Design Documents and the GMP Proposal in an effort to negotiate a final GMP. D. When established and accepted by CITY in writing, the GMP shall be memorialized and incorporated as an amendment to this Agreement. Design -Build Agreement Page 4 of 15 Wagley Robertson Road - 104154 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX E. If CITY rejects the GMP proposal, CITY and DESIGN -BUILDER shall meet and confer as to how the Project may proceed, to include renegotiating the GMP or to affect a termination. ARTICLE 5 — CHANGES IN THE WORK The CITY, without invalidating this Agreement, may order changes in the design of the Project and/or the Work consisting of additions, deletions or other revisions, and, where necessary, the Preconstruction Phase Services, Construction Phase Services, GMP and the Contract Time shall be adjusted accordingly. All such changes in the Work necessitating a change to the GMP or the Contract Time shall be authorized by a mutually agreeable Change Order. ARTICLE 6 - PROJECT TIME AND LIQUIDATED DAMAGES Project Time shall not be longer than as indicated in the Project Schedule as developed by DESIGN -BUILDER and agreed to by CITY. DESIGN -BUILDER will perform the required services in a timely manner and comply with the Project Schedule and any minor adjustments as reasonably requested by CITY. Major changes to the Project Schedule may be negotiated and memorialized by a Change Order. Unless delayed, as defined in the General Conditions, the DESIGN -BUILDER shall achieve Final Acceptance of the Work, including all punch list items, within sixty (60) days from the date of Substantial Completion. DESIGN -BUILDER recognizes that time is of the essence to this Agreement and that CITY will suffer financial loss if the Work is not completed within the Project Time, plus any mutually agreed extension thereof. DESIGN -BUILDER recognizes the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the Work is not completed on time and, instead of requiring any such proof, DESIGN -BUILDER agrees that Liquidated Damages, not as a penalty but as just compensation, shall be $1,300.00 for each day that expires after the expiration of the Project Time until such time as Final Completion of the entire Project is issued by the CITY in writing. ARTICLE l — BUSINESS EQUITY The DESIGN -BUILDER must comply with its MWBE Utilization Plan submitted in its response to the RFP and meet a participation goal of 16% in total combined for the Preconstruction and Construction Phase Service of this Project. Design -Build Agreement Page 5 of 15 Wagley Robertson Road - 104154 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ARTICLE 8 - GENERAL TERMS A. PROFESSIONAL STANDARDS. The standard of care for all design professional services performed under this Agreement shall be the care and skill ordinarily used by members of the architectural and engineering professions practicing under similar conditions at the same time and locality as the Project. The DESIGN -BUILDER shall be responsible for the professional and technical soundness, accuracy, and adequacy of all consultation, cost estimating, design, pre -construction, construction and other services and materials furnished under this Agreement. Qualified, licensed design professionals employed by the DESIGN -BUILDER or procured from qualified, independent licensed design consultants shall prepare the Construction Documents. This Agreement does not establish or create any legal or contractual obligations between the CITY and the design professionals employed by the DESIGN -BUILDER, and the design professionals shall not be deemed to be a third party beneficiaries under this Agreement. B. MUTUAL OBLIGATIONS. DESIGN -BUILDER and CITY agree to fully cooperate with each other in providing to each other information available, and in facilitating the Work within the scope of this Agreement. CITY shall, throughout the performance of the Construction Work, cooperate with DESIGN -BUILDER and perform its responsibilities, obligations and services in a timely manner so as not to delay or interfere with DESIGN -BUILDER'S timely and efficient performance of its obligations under the Contract Documents. The CITY shall cooperate and provide reasonable assistance to the DESIGN -BUILDER in obtaining the permits, approvals, and licenses that are DESIGN -BUILDER'S responsibility to obtain. C. GENERAL CONDITIONS. Attachment B contains the CITY's General Conditions applicable to this Project. DESIGN -BUILDER is expected to have reviewed and hereby agrees to comply with said General Conditions, including incorporating same into any contractor's or subcontractor's contracts, as applicable. D. PROJECT PROGRESS. DESIGN-BUILDER's services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. E. ASSIGNMENTS. DESIGN -BUILDER shall not assign its interest in this Agreement without the written consent of the CITY. DESIGN -BUILDER may enter into subcontracts with respect to the services required by this Agreement but shall remain fully responsible to the CITY in connection therewith. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of CITY. F. PERSONNEL. DESIGN -BUILDER, an Equal Opportunity Employer, (including any agents, employees, subcontractors, successors and assigns of DESIGN -BUILDER), now has ❑r will secure at its own expense, personnel required to perform the services Design -Build Agreement Page 6 of 15 Wagley Robertson Road - 104154 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX under this Agreement. Such personnel are not employees of, nor have any contractual relationship with the CITY. DESIGN -BUILDER acknowledges responsibility for all federal, state, and local requirements for employers that apply to DESIGN -BUILDER. G. EXTENT OF AGREEMENT/NO THIRD PARTY RIGHTS. The CITY and DESIGN - BUILDER agree that this Agreement represents the entire and integrated Agreement between them and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is solely and exclusively for the benefit of the CITY and DESIGN -BUILDER and not for the benefit of any third party. The CITY and ❑ESIGN-BUILDER agree that there are no third -party beneficiaries and each agrees that the obligations in this Agreement are owed exclusively to the other party to the Agreement and are not intended to create any rights, contractual or otherwise, to any other person or entity. The doctrine of respondeaf superior shall not apply. H. REPRODUCTION, USE AND OWNERSHIP OF WORK PRODUCT. All designs, drawings, specifications, documents, and other work products of the DESIGN - BUILDER whether in hard copy or in electronic form, are instruments of service for this Project, whether the Project is completed or not. Reuse, change, or alteration by CITY or by others acting through or on behalf of CITY of any such instruments of service without the written permission of the DESIGN -BUILDER will be at the CITY'S sole risk. The CITY shall own the final, printed designs, drawings, specifications and documents. Transfer of ownership of the contract documents does not constitute sale of the documents. I. INSURANCE. DESIGN -BUILDER shall keep in force insurance as described in Article 5 of the General Conditions. J. TERMINATION. This Agreement may be terminated as provided for by Article 2, Section B of this Agreement or as otherwise provided by the General Conditions. K. COST ESTIMATES. DESIGN-BUILDER's opinions of probable cost are to be made on the basis of DESIGN-BUILDER's experience and qualifications and represent DESIGN-BUILDER's judgment as a qualified professional familiar with the industry. L. INDEMNIFICATION. DESIGN -BUILDER COVENANTS THAT IT HAS READ, UNDERSTANDS AND AGREES TO THE INDEMNITY PROVISIONS FOUND IN THE GENERAL CONDITIONS. M. SURETY BONDS. The DESIGN -BUILDER shall furnish the required performance, payment and maintenance bonds as provided by the General Conditions. N. CITY NON -APPROPRIATION OF FUNDS. Notwithstanding any other provisions of this Agreement, if this Agreement provides for the CITY to make payments to the Design -Build Agreement Page 7 of 15 Wagley Robertson Road - 104154 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX DESIGN -BUILDER in any fiscal year following the CITY's fiscal year in which this Agreement begins and the City Council fails to appropriate funds to make the payments, then this Agreement automatically terminates at the beginning of the first day of the successive fiscal year for which funds were not appropriated, and the CITY shall not be obligated to make or have any liability to the DESIGN -BUILDER for the payments. ARTICLE 9 — THE CITY'S RESPONSIBILITIES The CITY shall: A. Designate a Project Representative to act as its representative with respect to the services to be rendered under this Agreement. Such Project Representative will have complete authority to transmit instructions, receive information, interpret and define CITY's policies and decisions with respect to ❑ESIGN-BUILDER's services. B. Provide timely reviews of studies, reports, sketches, estimates, and other documents presented by DESIGN -BUILDER consistent with CITY'S normal business practices. C. Secure and execute all necessary permanent easements, and permanent agreements with adjacent land or property owners that are necessary for the Project. CITY is further responsible for all costs, including attorneys' fees, incurred in securing these necessary permanent easements and agreements. CITY is responsible for securing all zoning approvals required for the Project for the construction to proceed without delay. ARTICLE 10 —AMENDMENTS This Agreement may only be amended in writing and agreed to by both Parties. ARTICLE 11 -EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CITY and DESIGN -BUILDER with respect to the subject matter of this Agreement and supersedes all prior understandings, negotiations, representations or agreements, either written or oral contracts between CITY and DESIGN -BUILDER respecting this Project. This Agreement will be binding upon and inure to the benefit of CITY and DESIGN -BUILDER and their respective successors and assigns. ARTICLE 12 — GOVERNING LAW & JURISDICTION Except as provided for in the General Conditions Paragraph 6.06, arbitration will not be allowed on this Project. The terms of the Agreement shall be construed and interpreted Design -Build Agreement Page 8 of 15 Wagley Robertson Road - 104154 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX under, and all respective rights and duties of the parties shall be governed by, the laws of the State of Texas, without regard to its conflict of law provisions. DESIGN -BUILDER hereby submits to the jurisdiction of the Texas courts and will obtain and maintain an agent for service of process in the State of Texas. Neither party will bring any action against the other party arising out of or relating to this Agreement in any forum or venue except in Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. DESIGN -BUILDER irrevocably waives any present or future objections to such legal action and irrevocably waives the right to bring any legal action in any other jurisdiction. The ❑ispute Resolution process found in Article 15 of the General Conditions shall be followed prior to initiating litigation. ARTICLE 13 — SEVERABILITY It is agreed that in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained, provided however, that the invalidity of any such covenant, condition or provision does not materially prejudice either DESIGN -BUILDER or CITY in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this agreement. ARTICLE 14 —WAIVER. The waiver by the CITY of any default or breach of a term, covenant or condition of this Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or condition or any other term, covenant or condition of this Agreement, regardless of when the breach occurred. ARTICLE 15 — CONFLICT IN TERMS. In the event there is a conflict between the terms of this Agreement, and any other Contract Document, the terms of this Agreement shall control over the other Contract Documents. 1_1Z491441=11111ii.311111:1 :F_lI]IL,ICRI The headings in this Agreement are inserted for reference only, and shall not define or limit the provisions hereof. ARTICLE 17 - NOTICE. All notices required herein shall be addressed to CITY as follows: Design -Build Agreement Page 9 of 15 Wagley Robertson Road - 104154 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Lauren Prieur, P.E. Director, Transportation and Public Works Department 100 Fort Worth Trail Fort Worth, Texas 76102 817-392-1234 Lauren. Prieur@fortworthtexas.gov With Copy to: David Kastendick, P.E. Transportation and Public Works Department 100 Fort Worth Trail Fort Worth, TX 76102 817-392-5448 David. Kastendick@fortworthtexas.gov Douglas W Black Sr. Assistant City Attorney 100 Fort Worth Trail Fort Worth, TX 76102 817-392-7615 Douglas. Black@fortworthtexas.gov All notices to DESIGN -BUILDER shall be addressed as follows: Kurt Knebel VP & District Manager Flatiron Constructors, Inc. 1320 Greenway Drive, Suite 815 Irving, Texas 75038 214-533-8573 kknebel@flatironeorp.com ARTICLE 18 — PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL DESIGN -BUILDER, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if DESIGN -BUILDER has 10 or more full time -employees and the contract value is $100,000 or mare, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel' and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, DESIGN - BUILDER certifies that DESIGN-BUILDER's representative's signature provides Design -Build Agreement Page 10 of 15 Wagley Robertson Road - 104154 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX written verification to the City that if Chapter 2270, Texas Government Code applies, DESIGN -BUILDER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. ARTICLE 19 — IMMIGRATION NATIONALITY ACT DESIGN -BUILDER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9) for employees working within the United States or other documentation as may be required by CITY to confirm eligibility to work on Project. Upon request by CITY, DESIGN -BUILDER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. DESIGN -BUILDER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any DESIGN -BUILDER employee who is not legally eligible to perform such services. DESIGN -BUILDER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DESIGN -BUILDER, DESIGN-BUILDER's EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to DESIGN -BUILDER, shall have the right to immediately terminate this Agreement for violations of this provision by DESIGN -BUILDER. ARTICLE 20 Prohibition on Boycotting Energy Companies DESIGN -BUILDER acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, DESIGN -BUILDER certifies that DESIGN -BUILDER'S signature provides written verification to the City that DESIGN -BUILDER: (1 ) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. ARTICLE 21 - Prohibition on Discrimination Against Firearm and Ammunition Industries DESIGN -BUILDER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or Design -Build Agreement Page 11 of 15 Wagley Robertson Road - 104154 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, DESIGN -BUILDER certifies that DESIGN-BUILDER's signature provides written verification to the City that DESIGN -BUILDER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. ARTICLE 22 - AUTHORITY TO SIGN DESIGN -BUILDER shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the DESIGN -BUILDER. ACCORDINGLY, City and DESIGN -BUILDER have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). DESIGN -BUILDER Flatiron Constructors, Inc. Kurt C. Knebel By: KurtC Knebel (Oct 16, 202412:53 CDT) Name: Kurt Knebel Title: VP & District Manager Date: Oct 16, 2024 By CITY: Approved as to Form and Legality fj� Douglas Black (Oct 22, 2024 10.02 CD I) Douglas W. Black Sr. Assistant City Attorney Design -Build Agreement CITY OF FORT WORTH: By: 0'�__) Jesica McEachern Assistant City Manager Date: Oct 23, 2024 Approval Recommended: r� I auren Pricer (Oct 21, 2024 14,20 CD I) Lauren Prieur Director, Transportation and Public Works Department Page 12 of 15 Wagley Robertson Road - 104154 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX M&C: 24-0745 Date: O8/27/2024 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. David J. Kastendick, P.E. Senior Project Manager Transportation and Public Works Department ongq ATTEST: �o <*xx. % .ham �d4� oEXA?o'da Jannette S. Goodall City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Design -Build Agreement Page 13 of 15 Wagley Robertson Road - 104154 ATTACHMENT A Design -Builder's Pre -Construction Services Scope of Work and Cost Proposal ❑esign-Build Agreement Page 14 of 15 Wagley Robertson Road - 104154 ATTACHMENT PRE -CONSTRUCTION SERVICES FOR WAGLEY ROB EMON ROAD DESIGN -BUILD CITY PROJECT NO,:104154 ATTACHMENT A Scoee for DB Contractor Pre -Construction Phase Services WAGLEY ROBERTSON ROAD DESIGN -BUILD CITY PROJECT NO.: 104154 The scope set forth herein defines the anticipated work to be performed by the selected Design - Build Contractor. (DB CONTRACTOR) in completing the project for the City of Fort Worth (CITY). Both the CITY and ❑B CONTRACTOR have attempted to clearly define the work to be performed and address the needs of the Project. The objective of this Attachment A to the contract is to define the scope of work to be performed and to an extent the method of payment for the Project. The objective of the Project is to improve vehicular, pedestrian, and bicycle mobility through the construction of 0.45 miles of new roadway on Wagley Robertson Road between Conefiower Trail and Quicksilver Trail. A. The Project consists of the construction of 0.45 miles of Wagley Robertson Road between Coneflower Trail and Quicksilver Trail. The Project includes a typical proposed ROW width of 110 feet, shared -use paths, streetlights, retaining walls, two studied stream crossings, and a four -lane divided (four 11-foot wide travel lanes) neighborhood collector road with raised medians. The project is considered full roadway reconstruction with major stream crossings at Big Fossil Creek and Tributary to Big Fossil Creek. The project includes roadway connections to Bent Oak Drive and Jetliner Avenue as well as bridge -class culverts across Big Fossil Creek and Tributary to Big Fossil Creek. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design (30%) Task 3. Pre -Construction Design (70%) Task' . Final 001z, and 100 Tsok 5. Rid PhRrY3 Sorviooc TcoIc E. ✓or3t.,�!o ion Ph:m Sv^iicoc� Task 7. ROW/Easement Services Task 8. Survey, SUE, and Geotechnical Engineering Services Task 9. Permitting Task 10. Plan Submittal Checklists Task 11. Quality Control/ Quality Assurance TASK 1. DESIGN MANAGEMENT. DB CONTRACTOR shall ensure efficient and effective use of DB CONTRACTOR's and CITY's time and resources. ❑B CONTRACTOR shall, • Communicate effectively, • Coordinate internally and externally as needed, and City of Fort Worth, Texas Attachment A PMO Release Date: 07.23,2012 Page 1 of 20 ATTACHMENT PRE -CONSTRUCTION SERVICES FOR WAGLEY ROB EMON ROAD DESIGN•BUILD CITY PROJECT NO,:104154 ■ Proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work 1.1. Managing the Team • Lead, manage and direct design team activities ■ Ensure Quality Control 1 Quality Assurance (QC1QA) is practiced in performance of the work. Refer to Task 11 for further details • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements a It is understood that the Transportation and Public Works Department (TPW) will be the point of contact at the CITY. All coordination with other departments (i.e. Water, Stormwater, Development Services) must go through TPW • Conduct review meetings with the CITY at the end of each design phase • Prepare invoices and submit monthly in the format requested by the CITY. Multi - month billing is not allowed. Months in which no work is being invoiced shall require submission of a $0.00 invoice. Prepare and submit monthly Project Status Reports in the format provided by the Transportation and Public Works Department • Prepare and submit monthly progress reports in the format provided. • Prepare and submit baseline Project Schedule for Pre -Construction services • Complete Monthly MIWBE Report Form and Final Summary Payment Report Form at the end of the project ■ Conduct QC/QA reviews and document those activities. Refer to Task 11 for further details • With respect to coordination with permitting authorities, DB CONTRACTOR shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. DB CONTRACTOR shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope ■ Personnel and Vehicle Identification: When conducting site visits to the project location, the DB CONTRACTOR or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative City of Fort Worth, Texas Attachment A Page 2 of 20 ATTACHMENT PRE -CONSTRUCTION SERVICES FOR WAGLEY ROB EMON ROAD DESIGN -BUILD CITY PROJECT NO,:104154 ■ Schedule bi-weekly meetings with the CITY ASSUMPTIONS ■ Monthly MIWBE Reports ■ Bi-Weekly Meetings with CITY Staff • Monthly Progress Reports • Monthly Schedule Updates • DB CONTRACTOR to update Project Risk Registry, Stakeholder Register, and Project Communications Plan DELIVERABLES A. Meeting summaries with action items B. QAIQC Documentation C. Monthly invoices D. Monthly progress reports E. Baseline pre -construction schedule monthly updates with schedule narrative describing any current or anticipated schedule changes F. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes G. Monthly MIWBE Report Form and Final Summary Payment Report Form H. Plan Submittal Checklists (See Task 10) TASK 2. CONCEPTUAL DESIGN (30%). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the DB CONTRACTOR to: ■ Study the project ■ Further develop innovations described in proposal • Perform conceptual design to include, but not limited to, costs, constructability, schedule, safety, franchise utility relocation, floodplain impacts, traffic control, and overall accomplishment of Project goals • Present (through the defined deliverables) these innovations and concept designs to the CITY ■ Present feasible alternatives considered comparing cost, safety, schedule, constructability, and overall accomplishment of project goals City of Fort Worth, Texas Attachment A Page 3 of 20 ATTACHMENT PRE -CONSTRUCTION SERVICES FOR WAGLEY ROB EMON ROAD DESIGN•BUILD CITY PROJECT NO,:104154 Recommend the concept design that successfully addresses the design problem, and • Obtain the CITY's endorsement of this concept DB CONTRACTOR will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection • In addition to data obtained from the CITY, ❑B CONTRACTOR will research proposed improvements in conjunction with any other planned future improvements that may influence the project. The DB CONTRACTOR will also identify and seek to obtain data for existing conditions that may impact the project including but not limited to; utilities, agencies (developments, USACE), City Master Plans, and property ownership as available from the Tax Assessor's office 2.2. Geotechnical Investigations DB CONTRACTOR shall advise the CITY of test borings and other subsurface investigations that may be needed for the project in addition to what was provided during the RFP phase of the project solicitation. If the CITY determines that such borings or investigations are needed, then the DB CONTRACTOR shall perform the work in collaboration with the CITY. The cost of such testing will be paid for by the DB CONTRACTOR. See Task 8. 2.3. Fire Line Reconnection A fire line reconnection is not anticipated to be necessary for the lines that have been identified and has therefore not been included in this scope of work. However, the DB CONTRACTOR understands that if a fire line is encountered during design survey, then the following procedure should be utilized for the reconnection of fire lines during design and construction of water mains. 2.4. The Conceptual Design Package shall include the following: Graphic exhibits and written summary of design concept considered, strengths and weaknesses, and the rationale for selecting the recommended design concept Existing typical sections of the roadway to be constructed. Proposed typical sections which outline the proposed improvements for streets. Typical sections shall include existing and proposed ROW, existing and proposed lane widths and direction arrows, existing and proposed curbs, sidewalks, bridges, and retaining walls Conceptual plan and profile sheets at 1 ":1 DD' scale showing existing and proposed horizontal roadway alignments, existing and proposed ROW, existing and proposed sidewalks and driveways, proposed lane dimensions and lane arrows, existing drainage structures, proposed drainage structures, bridge structures, wall structures, city -owned and franchise utilities as determined by Texas811 and SIDE, and existing roadway vertical alignments (profiles) Estimates of probable construction cost Documentation of key design decisions City of Fort Worth, Texas Attachment A Page 4 of 20 ATTACHMENT PRE -CONSTRUCTION SERVICES FOR WAGLEY ROB EMON ROAD DESIGN•BUILD CITY PROJECT NO,:104154 ASSUMPTIONS • Digital roll -plot copies and 2 hard copies of the conceptual design package (30% design) will be delivered • PDF files created from design CAD drawings will be uploaded to the designated project folder in the CITY's document management system (eBuilder) ■ ❑B CONTRACTOR shall prepare the meeting minutes of the Concept Review meeting and revise the report, if needed • ❑B CONTRACTOR shall not proceed beyond Preliminary Design activities without obtaining written approval by the CITY DELIVERABLES A. Conceptual Design Package B. Estimates of probable construction cost TASK 3. PRE -CONSTRUCTION DESIGN (70%). Design plans, cost estimate, and specifications developed to a 70% milestone level shall be submitted to CITY per the approved Project Schedule. This design will be used to determine the Guaranteed Maximum Price (GMP) for Final Design and Construction Phase Services. Pre - Construction Design shall not begin until the City approves the selected alternative/ concept developed in the Conceptual Design. DB CONTRACTOR will develop the preliminary design of the infrastructure as follows. 3.1. Development of Pre -Construction Design Drawings and Specifications shall include the following: GENERAL DESIGN • Cover Sheet — Including project limits and location map • Index of Sheets • General Notes — Including applicable CITY Standard general notes • Design Legend ■ Quantity Summary • Update existing and proposed typical section sheets ■ Project Control Sheet — Showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument #8901, PK Nail, City of Fort Worth, Texas Attachment A Page 5 of 20 ATTACHMENT PRE -CONSTRUCTION SERVICES FOR WAGLEY ROB EMON ROAD DESIGN -BUILD CITY PROJECT NO.:104154 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Alignment Data • Overall Project Easement/ROW Layout Sheet(s) with Property Owner Information ■ Existing Utility Map, including all collected Level A-❑ SUE data (Task 8) • Removal Plan ROADWAY DESIGN • Overall Roadway Key Map Updated roadway plan and profile sheets displaying station and coordinate data for all horizontal alignment P.C.'s, P.T.'s, P.I.'s; station and elevation data of all vertical profile P.C.'s, P.T.'s, P.I.'s, low points, and high points; lengths of vertical curves, grades, K values, e, and vertical clearances where required. Also, shall show existing and proposed horizontal and vertical roadway alignments, right-of- way/easements, sidewalks, driveways, lane dimensions, drainage structures, and City and franchise -owned utilities. • Roadway details to include curbs, curb expansion joints, driveways, sidewalks, and pavement details. It is assumed that the proposed roadway section will be POL or MOL depending on the geotechnical report provided by the CITY or as directed by the CITY. DB CONTRACTOR will provide any necessary details not provided in city standard details. Driveway cross sections will be required for streets listed in the scope definition above, to determine the driveway limits. Proposed cross sections should be provided for all driveways and the proposed driveway slope shown. The limits of the driveway replacement should be shown in plan view on the paving plan and profile sheets. Streets not selected to include cross sections, shall assume driveway replacement to the ROW line on the plan and profile sheets. Sidestreet Plan and Profile — Including plan and profile sheets showing existing and proposed horizontal and vertical roadway alignments, right-of-way/easements, sidewalks, driveways, lane dimensions, drainage structures, and City and franchise -owned utilities. • Preliminary signing and pavement marking notes • Cross Sections — Including Wagley Robertson Road and cross streets centerline stations at a 50' interval, existing top of ground line, proposed roadway section, and easement and right-of-way limits City of Fort Worth. Texas Attachment A Page 6 of 20 ATTACHMENT PRE -CONSTRUCTION SERVICES FOR WAGLEY ROB EMON ROAD DESIGN -BUILD CITY PROJECT NO,:104154 DRAINAGE DESIGN • Overall Drainage Area Map — Including delineation of the watershed based on contour data and field verification and document existing street, right-of-way and storm drain capacities for the subject site. A drainage area map will be drawn at maximum 1" = 200' scale from available 1-foot contour data with the contours labeled. Data source and year will be provided by the ❑B CONTRACTOR. • Detailed Drainage Area Map — Including view (1" = 30' scale) of proposed drainage improvements and watershed delineation lines within the existing and proposed right-of-way • Inlet and Storm Drain Calculations — Including calculations regarding street and right- of-way capacities and design discharges (5-year and 100-year frequencies) at selected critical locations will be provided. Other frequencies as required by iSWM criteria may be appropriate for outfalls and sensitive locations. All calculations shall conform to CITY criteria delineated in the CITY's current iSWM Criteria Manual for Site Development and Construction. All locations in the project area where 100-year runoff exceeds available storm drain and right-of-way capacities shall be clearly identified, The ❑B CONTRACTOR's responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with CITY standards. • Drainage Key Map • Culvert and Channel Plan and Profile (if applicable) — Including plan and profile sheets showing existing and proposed horizontal and vertical drainage alignments, existing and proposed flow lines, HGL, lengths and slopes of pipe, top of ground profile over pipe, and proposed channel improvements. Channel plan and profile drawings shall include existing channel centerline, existing left and right top of channel bank, proposed top of channel backs, and 100-year water surface profile. • Coordinate all necessary permitting, environmental, flood plain, or other, as described in Task 9 • iSWM Checklist in accordance with current CITY iSWM Criteria Manual for Site Development and Construction • Modify or create all models necessary to determine runoff and stormwater impacts at the determined design -year rainfall events. All models shall be reviewed and approved by City staff STRUCTURAL DESIGN • Bridge plan and profile sheets (if applicable) showing station and coordinate data for all horizontal alignment P.C.'s, P.T.'s, P.I.'s; station and elevation data of all vertical profile P.C.'s, P.T.'s, P.L's, low points, and high points; all approach slabs, specific bridge design elements with calculations (i.e. girders, piers, abutments, etc.) and vertical clearances where required. Show low chord elevations, bridge deck thicknesses, and loading • Bridge plan details. City of Fort Worth, Texas Attachment A Page 7 of 20 ATTACHMENT PRE -CONSTRUCTION SERVICES FOR WAGLEY ROB EMON ROAD DESIGN- BUILD CITY PROJECT NO,: 104154 Retaining wall plan and profile sheets (if applicable), showing station and coordinate data for all horizontal and vertical data of wall. Perform all calculations for based on Geotechnical (Task 8) Retaining wall details. PAVEMENT MARKING AND SIGNAGE DESIGN • Pavement marking and signage plan sheets showing location, type, color, and size of all pavement markings, ground mounted signage, and overhead signs for the Project • Pavement marking details ILLUMINATION DESIGN • Perform photometric analysis of lighting needs for the entire project Illumination plan sheets showing location, type, electrical connections, conduit, foundation types, and ground boxes • Illumination details LANDSCAPE DESIGN ■ Landscape plans showing tree and landscape removals, proposed tree and shrub locations, topsoil, sod, hydromulch, plant lists, and landscape areas • Irrigation plans showing pipe, controllers, sprinkler heads, and temporary irrigation (if applicable) • Landscape details ■ Irrigation details MINOR UTILITY DESIGN Minor Utility Adjustment Plan — Including plan sheets for the minor adjustment (for example, adjustment of valve or manhole to proposed finished grade) of existing water and sanitary sewer utilities within the project area MAJOR UTILITY DESIGN ■ Overall project water and/or sanitary sewer layout sheets (if applicable).The water layout sheet shall identify the proposed water main improvement/ existing water mains in the vicinity and all water appurtenances along with pressure plane boundaries, water tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall identify the proposed sewer main improve mentlexisting sewer mains and all sewer appurtenances in the vicinity. • Overall water and/or sanitary sewer abandonment sheet • Coordinates on all P.C.'s, P,T.'s, P.I.'s, manholes, valves, mainline fittings, etc., in the same coordinate system as the Control Points • Benchmarks per 1,000 ft of plan/profile utility sheets — two or more City of Fort Worth, Texas Attachment A Page 8 of 20 ATTACHMENT PRE -CONSTRUCTION SERVICES FOR WAGLEY ROB EMON ROAD DESIGN-8UILD CITY PROJECT NO,:104154 ■ Bearings given an all proposed centerlines, or baselines for utility sheets ■ Station equations relating utilities to paving, when appropriate for utility sheets • Design and documentation of conflict resolution of CITY owned utilities (water, sanitary sewer, and stormwater) • Plan and profile sheets which show the following: proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves, manholes, existing meter numbers and sizes that are to be replaced, existing sample locations, existing fire line locations, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. • The DB CONTRACTOR shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within CITY right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the DB CONTRACTOR to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer lateral or main: The CITY shall furnish the DB CONTRACTOR with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey, if a rod can be inserted through the cleanout to the bottom of the service line, the DB CONTRACTOR will obtain the flow line elevation and design the service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey, the DB CONTRACTOR shall delay the design of the sewer service line until after a Quality Level A Subsurface Utility Engineering (SUE investigation has been performed). The Level A SUE will be performed; (1) by the DB CONTRACTOR if included in the fee proposal; or (2) by the CITY prior to bidding if the CITY determines that it is needed for satisfactory completion of the design; or (3) by the DB CONTRACTOR after the project has been bid, by means of a bid item to that effect. In all options, the ❑B CONTRACTOR shall propose appropriate de - hole locations in the project and collect flow line elevation and other applicable information of the sewer service line. The DB CONTRACTOR shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. Provide map showing location of new manhole construction at the end of existing sewer segments, ga-degree bends, or tee connections. Site survey or specific design plans for manhole construction is not included as part of the scope. The contract documents shall specify that it is the ❑B CONTRACTOR's responsibility to coordinate utility location, etc. manhole construction. The DB CONTRACTOR will prepare standard and special detail sheets for water line installation and sewer rehabilitation or replacement that are not already included in the ❑-section of the CITY's specifications. These may include connection details City of Fort Worth, Texas Attachment A Page 9 of 20 ATTACHMENT PRE -CONSTRUCTION SERVICES FOR WAGLEY ROB EMON ROAD DESIGN•8UILD CITY PROJECT NO.:104154 between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. 3.2. Constructability Review • Prior to the 70% review meeting with the CITY, the ❑B CONTRACTOR shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The DB CONTRACTOR shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.3. Public Meeting • After the conceptual plans have been reviewed and approved by the CITY, the DB CONTRACTOR shall prepare project exhibits and a presentation, and assist the CITY facilitate public meeting to help explain the proposed project to stakeholders. The CITY shall select a suitable location, prepare and mail the invitation letters to the affected customers. The DB CONTRACTOR needs to coordinate with the CITY's project manager to format the mailing list of all affected property owners accordingly. 3.4. Utility Clearance + In the case of a private Utility Conflict, the DB CONTRACTOR will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for coordination at each design milestone. The DB CONTRACTOR may need to coordination directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. • DB CONTRACTOR shall upload individual PDF files for each plan sheet of the approved preliminary plan set to the designated project folder in the CITY's document management system (eBuilder) for forwarding to all utility companies which have facilities within the limits of the project. • DB CONTRACTOR shall visit the site during utility relocation to verify the location of relocated facilities is acceptable and report any discrepancies found. Survey verification is not included. 3.5. Traffic Control Plan ■ ❑B CONTRACTOR shall develop a traffic control plan utilizing standard traffic reroute configurations posted as "Typicals" on the CITY's Project Resources website. The typicals need not be sealed individually, if included in the sealed contract documents. • DB CONTRACTOR shall develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer registered in the State of Texas. 3.6. Opinion of Probable Construction Cost ■ DB CONTRACTOR shall develop an opinion of probable construction cost (OPCC) based on design plans. City of Fort Worth. Texas Attachment A Page 10 of 20 ATTACHMEtiT A PRE -CONSTRUCTION SERVICES FOR WAGLEY ROB EMON ROAD DESIGN- 5UILD CITY PROJECT NO.:1D4154 ASSUMPTIONS 1 public meeting will be conducted or attended during the Pre -Construction Phase • 2 utility verification site visit(s) will be conducted during the project ■ Traffic Control "Typicals" will be utilized to the extent possible ■ 2 sets of 11"x17" size plans will be delivered for the Pre -Construction Des ign (70% design) • PDF files created from design CAD drawings will be uploaded to the designated project folder in the CITY's document management system (eBuilder) ■ All submitted documents and checklists will be uploaded to the designated project folder in the CITY's document management system (eBuilder) • The CITY's front end and technical specifications will be used. The DB CONTRACTOR shall supplement the technical specifications if needed ■ DB CONTRACTOR shall not proceed with Construction Phase Services until the GMP has been approved by CITY Council • Any early work construction packages to be included shall include only work designed in Pre -Construction Phase Services • DB CONTRACTOR services include the location of utilities and coordinating with Utility Companies. Section 2.C.5 and 2.C.7 of the RFQ list Water Line and Sanitary Sewer Line, but 3.1 (Major Utility Design) of this document indicates water and/or sanitary sewer sheets will be provided if applicable. Not knowing if these lines are applicable at the time of the proposal submission, the Pre -Construction Services was exclusive of that effort. Should Water and Sewer extensions be required, a fee will be negotiated for the effort. Section 2.C.12 of the RFQ lists Landscape/Streetscape, but 3.1 (Landscape Design) of this document indicates irrigation plans will be provided if applicable. Not knowing if these plans are applicable, they were not scoped in the current document. Removals along with seeding, sodding, hydromulch and erosion control measures will be provided, but locations of trees and shrubs will need a fee to be negotiated if it is determined they are needed prior to 70% plans, otherwise they will be added at GMP, if required. DELIVERABLES A. Pre -Construction Design drawings and specifications B. Utility Clearance drawings C. Traffic Control Plan D. Estimates of probable construction cost E. Data Base listing names and addresses of residents and businesses affected by the project F. Public Meeting Exhibits and Support City of Fort Worth, Texas Attachment A Page 11 of 20 ATTACHMENT PRE -CONSTRUCTION SERVICES FOR WAGLEY ROB EMON ROAD DESIGN -BUILD CITY PROJECT NO,:104154 G. GMP Package TASK 7. ROWIEASEMENT SERVICES. DB CONTRACTOR will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right -of -Way/ Easement Determination • The DB CONTRACTOR shall determine rights -of -way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. • Prior to construction, the ❑B CONTRACTOR shall prepare and submit Temporary Right -of -Entry documents for landowners to CITY PM for real property acquisition. It is assumed that letters will only be required for landowners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. ASSUMPTIONS • CITY will be responsible for negotiations with property owners and preparation of ROW/Easement Documents DELIVERABLES A. Easement/ ROW delineations in .DGN format TASK 8. SURVEY, SUBSURFACE UTILITY ENGINEERING, AND GEOTECHNICAL ENGINEERING SERVICES DB CONTRACTOR will provide survey support as follows: 8.1. Design Survey • DB CONTRACTOR will perform supplemental field surveys to collect horizontal and vertical elevations and other information needed by DB CONTRACTOR in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. The minimum survey information to be provided on the plans shall include the following: City of Fort Worth, Texas Attachment A Page 12 of 20 ATTACHMENT PRE -CONSTRUCTION SERVICES FOR WAGLEY ROB EMON ROAD DESIGN -BUILD CITY PROJECT NO,:104154 A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: The following information about each Control Point; a) Identified (Existing. CITY Monument #8901, PK Nail, 518" Iron Rod) b) X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only c) Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street) - Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control - No less than two horizontal benchmarks, per line or location Bearings given on all proposed centerlines, or baselines Station equations relating utilities to paving, when appropriate 8.2. Subsurface Utility Engineering • ❑B CONTRACTOR will perform Quality Level A (QL-A) SUE utilizing the appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities with the project mains. • Quality Level A (QL"A") — Three dimensional (x,y,z) utility information obtained utilizing non-destructive vacuum excavation equipment to expose utilities at critical points which are then tied down by surveying. Also known as "locating", this quality level provides precise horizontal and vertical positioning of utilities within approximately 0.05 feet. • Utilities to be designated include gas, telecommunications, electric, drainage, water and sanitary sewer. • ❑B CONTRACTOR will designate the known subsurface utilities within the project limits utilizing geophysical equipment (electromagnetic induction, magnetic) to designate metallic/conductive utilities (e.g. steel pipe, electrical cable, telephone cable). • DB CONTRACTOR will provide appropriate traffic control measures (barricades and signs). ■ ❑B CONTRACTOR will utilize non-destructive vacuum excavation equipment to excavate test holes at the required locations. Due to the risk of damage, ❑B CONTRACTOR will not attempt to probe or excavate test holes on any AC water lines unless approval is obtained from the CITY in advance. DB CONTRACTOR will record the utility type, size, material, depth to top, and general direction. Each test hole will be assigned a unique I❑ number and will be marked with a nail/disk. The City of Fort Worth, Texas Attachment A Page 13 of 20 ATTACHMENT PRE -CONSTRUCTION SERVICES FOR WAGLEY ROB EMON ROAD DESIGN•BUILD CITY PROJECT NO,:104154 test -hole ID number and other pertinent utility information will be painted at each test - hole location. ■ DB CONTRACTOR shall provide up to TWELVE (12) test holes (estimated to be between D and 20 feet in depth and within existing pavement) Subsurface Utility Engineering (SUE) to Quality Level A, as described below: o Expose and locate utilities at specific locations. ❑ Tie horizontal and vertical location of utility to survey control. ❑ Provide utility size and configuration. ❑ Provide paving thickness and type, where applicable. ❑ Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. ❑ Backfill cored holes within existing concrete pavement with temporary concrete pavement to a minimum of 9" in depth. 8.3. Geotechnical Investigation • DB CONTRACTOR will select and mark up to FOUR (4) additional boring locations (30-foot deep borings) for retaining wall design and notify Texas 811, appropriate CITY Department(s) to request location and marking of existing underground utilities prior to the field exploration. Access to the selected boring locations will be verified with the CITY prior to accessing the site with a core drilling rig. Subcontract with a geotechnical drilling contractor to drill up to TWO additional (2) borings for stormwater structures. Samples will be collected intermittently using hollow stem augers and either split -spoon or tube samplers. Rock and rock -like materials will be tested insitu using a Texas Department of Transportation (TxDOT) Cone Penetration Test, as appropriate for the material. At completion, the boreholes will be backfilled with auger cuttings. ■ Provide an Engineer or Geologist experienced in logging borings to direct the drilling, log the borings, and handle and transport the samples. Visual classification of the subsurface stratigraphy shall be provided per the Unified Soil Classification System (USCS). 8.3.1 Laboratory Testing • Perform testing on samples obtained from the borings to determine soil classification and pertinent engineering properties of the subsurface materials. DB CONTRACTOR will select samples for laboratory testing, assign tests, and review the test results. Testing will be performed by a geotechnical testing subcontractor. • Laboratory tests will be assigned based on the specific subsurface materials encountered during exploration. Test type and quantity may vary, but are expected to include: City of Fort Worth, Texas Attachment A Page 14 of 20 ATTACHMENT PRE -CONSTRUCTION SERVICES FOR WAGLEY ROB EMON ROAD DESIGN•BUILD CITY PROJECT NO,:104154 o Classification tests (liquid and plastic limits and percent passing the No. 200 sieve or gradation) o Moisture content o Dry unit weight o Unconfined compressive strength o pH lime series o Soluble sulfate content 8.3.2 Engineering Analysis and Reporting • Prepare a technical memorandum (in compliance with City of Fort Worth Pavement Design Manual, 2015) of the geotechnical investigation to include: o Boring locations, boring logs, laboratory test results, and a key to the symbols used. a Discussion of subsurface conditions and soil properties indicated by the field and laboratory work, and the implications for design. o Recommendations for pavement subgrade treatment o Pavement thickness calculations for both rigid and flexible pavement a Foundation and site preparation recommendations for the retaining walls. o Earthwork related recommendations for use during development of the plans and specifications 8.4 Utility Coordination DB CONTRACTOR will coordinate with all franchise and non -franchise utilities throughout the preconstruction phase • DB CONTRACTOR shall create and maintain a utility matrix detailing all known conflicts and recording utility information such as, but not limited to, size, material, age, encasement, depth, owner, contact history, contact information, and type of utility ■ DB CONTRACTOR shall coordinate required utility relocations with all pre - construction activities ASSUMPTIONS • FOUR (4) geotechnical borings are included for retaining wall design. City of Fort Worth, Texas Attachment A Page 15 of 20 ATTACHMENT PRE -CONSTRUCTION SERVICES FOR WAGLEY ROB EMON ROAD DESIGN -BUILD CITY PROJECT NO,:104154 ■ TWO (2) additional geotechnical borings are included in this scope for the stormwater structures. • Up to TWELVE (12) SUE Quality Level A (QL-A) test holes are included to a depth of between Q - 20 feet. • Basic traffic control is included. Traffic control requiring lane closures, traffic detouring, flag persons, police, etc., is considered special traffic control measures and will be considered additional services if required. • DB CONTRACTOR will complete subsurface utility information prior to borings being drilled. ■ For core drilling, traffic control will be required, including closing a lane of traffic and providing flagmen, ■ It is assumed that a truck -mounted drilling rig can access the drill locations. If drilling with a track -mounted rig is necessary, it will be considered an additional service to this contract. • DB CONTRACTOR will coordinate with CITY to obtain the necessary permits for core drilling within the roadway. • Soil boring locations are planned to be within the existing pavement and in locations where traffic control plans for roadway or lane closures will noted be necessary. ■ Borings for bridge foundations not included, DELIVERABLES ■ Copies of field survey data and notes signed and sealed by a licensed surveyor. ■ Drawing of the project layout with dimensions and coordinate list. • One (1) hard copy and one (1) electronic copy of geotechnical technical memorandum (including exhibits, soil boring results, summary of observations and pavement (surface and subgrade) recommendations). • Drawing of the project layout with Level SUE (including legend and table of Level A SUE data). TASK 9. PERMITTING. DB CONTRACTOR will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows. 9.1. Storm Water Pollution Prevention Plan • For projects that disturb an area greater than one (1 ) acre, the DB CONTRACTOR will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The DB CONTRACTOR will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria City of Fort Worth, Texas Attachment A Page 15 of 20 ATTACHMENT PRE -CONSTRUCTION SERVICES FOR WAGLEY ROB EMON ROAD DESIGN•BUILD CITY PROJECT NO,:104154 Manual for Site Development and Construction with will be incorporated into the SWPPP by the ❑B CONTRACTOR. 9.2. Environmental Services • Negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits. This can include, but is not limited to, the USACE Section 404 Nationwide Permit, USFWS Threatened and Endangered Species Survey, and/or Texas Historical Commission Archaeological Survey. ■ Completing all forms/applications necessary ■ Submitting forms/applications for CITY review ■ Submitting revised forms for agency review • Responding to agency comments and requests 9.3. Floodplain Services • Negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits including City of Fort Worth Floodplain Fill Permit. • Completing all forms/applications necessary • Submitting forms/applications for CITY review • Submitting revised forms for agency review • Responding to agency comments and requests 9.4 Other Permits ■ Tree Removal Permit — As required by City • Urban Forestry Permit — As required by City ■ Street Use Permit — As required by City ASSUMPTIONS • Permit preparation will begin after City approval of the Conceptual Design approved alternative. • CLOMR not anticipated due to Zero rise and not considered as part of the design ■ LOMR is anticipated for the design and will be included in the GMP DELIVERABLES A. Provide all technical data for and submit copies of Permit Applications to City TASK 10. PLAN SUBMITTAL CHECKLISTS DB CONTRACTOR shall complete and submit Plan Submittal Checklists in accordance with the following table: City of Fort Worth, Texas Attachment A Page 17 of 20 ATTACHMENT PRE -CONSTRUCTION SERVICES FOR WAGLEY ROB EMON ROAD DESIGN•BUILD CITY PROJECT NO,:104154 PLAN SUBMITTAL CHECKLIST REQUIREMENTS Traffic Traffic Cvn Control Traffic Storm Street Water Traffic 3i} %70% Attachment "A" Signal Water Lights !Sewer Engineering Type {Submit All (Submit All {Submit All (Submit All (Submit All 30%) @ 30%) @ 30% @ 70%) @ 70%) Required for all work in CITY ROW Street x x X x X Storm Water x x X }Plcinr / Rtw 4 X X TASK 11. QUALITY CONTROL 1 QUALITY ASSURANCE DB CONTRACTOR to provide to the CITY a Quality Control/ Quality Assurance Plan (QC/QA Plan) outlining the DB CONTRACTOR's method of ensuring the highest levels of design and accuracy are incorporated into the calculations, plans, specifications, and estimates. DB CONTRACTOR is responsible for and shall coordinate all sub consultant activity to include quality and consistency of plans. If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may cease its review and return the submittal to the ❑B CONTRACTOR immediately for appropriate action. A submittal returned to the DB CONTRACTOR for this reason may be rejected by the CITY Project Manager. 11.1. QCIQA of Survey and SUE Data The DB CONTRACTOR's Surveyor shall perform Quality Control/ Quality Assurance on all procedures, field surveys, data, and products prior to delivery to the CITY. The CITY may also require the ❑B CONTRACTOR's Surveyor to perform a Quality Assurance review of the survey and/or subsurface utility engineering (SUE) work performed by other surveyors and SUE providers. • DB CONTRACTOR's Surveyor shall certify in writing via a letter that the survey information provided has undergone a Quality Control/ Quality Assurance process. • DB CONTRACTOR's Subsurface Utility Engineering provider shall certify in writing via a letter that the SUE information provided has undergone a Quality Control/ Quality Assurance process. 11.2. QCIQA of Design Documentation City of Fort Worth, Texas Attachment A Page 18 of 20 ATTACHMENT PRE -CONSTRUCTION SERVICES FOR WAGLEY ROB EMON ROAD DESIGN -BUILD CITY PROJECT NO,:104154 ■ DB CONTRACTOR shall perform a QC/QA review of all documents being submitted for review at all stages of the design including the 30%, and 70% and Final Document design review submittals. QA should be performed by an individual within the firm who is not on the design team. + DB CONTRACTOR is to acknowledge that each item on the Detailed Checklist has been included by checking "done" on the checklist. If a particular checklist item is not applicable, this should be indicated by checking "NIA". If an entire checklist is not applicable, this should be indicated by checking every item on the list as "N/A" and still included with the submittal. The DB CONTRACTOR shall use the Detailed Checklist provided by CITY. • A Comment Resolution Log must be used to document conflicting comments between reviewers and to highlight comments made by the CITY that the ❑B CONTRACTOR is not incorporating into the design documents along with the associated explanation. The DB CONTRACTOR shall use the Comment Resolution Log provided by CITY. The documentation of a QC/QA review includes (1) a copy of the color -coded, original marked -up document (or "check print") developed during the QA checking process and/or review forms which sequentially list documents and associated comments; and (2) a QC sign -off sheet with signatures of the personnel involved in the checking process. Mark-ups may also be documented using the Comment Resolution Log. ■ Evidence of the QC/QA review will be required to accompany all submittals. Documentation shall include, but is not limited to, the following items: - PDF of the completed Detailed Checklists - PDF of the QC/QA check print of the calculations, plans, specifications, and estimates demonstrating that a review has been undertaken; - PDF of previous review comments (if any) and the DB CONTRACTORS's responses to those comments in the Comment Resolution Log. ■ If any of the above information is missing, is incomplete or if any comments are not adequately addressed; the CITY may contact the DB CONTRACTOR and request the missing information. If the DB CONTRACTOR does not respond to the request within 24 hours, the CITY shall reject the submittal. No additional time will be granted for a returned submittal. ■ If the ❑B CONTRACTOR has not adequately addressed the comments, the submittal shall be rejected and returned to the ❑B CONTRACTOR immediately to address the issues. ASSUMPTIONS ■ All submittals to the CITY will be Quality checked prior to submission. City of Fort Worth, Texas Attachment A Page 19 of 20 ATTACHMENT PRE -CONSTRUCTION SERVICES FOR WAGLEY ROB EMON ROAD DESIGN -BUILD CITY PROJECT NO,:104154 ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICE Additional Services not included in the existing Scope of Services — CITY and DB CONTRACTOR agree that the following services are beyond the Scope of Services described in the tasks above. However, DB CONTRACTOR can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the DB CONTRACTOR as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: ■ Negotiation of easements or property acquisition including temporary right -of -entries. • Services related to development of the CITY's project financing and/or budget. ■ Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of the contract for construction. • Construction management and inspection services ■ Performance of materials testing or specialty testing services. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. ■ Services related to acquiring real property including but not limited to easements, right-of- way, and/or temporary right -of -entries. ■ Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. City of Fort Worth, Texas Attachment A Page 20 of 20 FLNTIRON Project Name: DB Services for Wagley Robertson Road PRECONSTRUCfION SERVICES- SCHEDULE OF VALUES Current Pay App#: Project Number: Current Pay App Month: 1B Contractor Name: Flatiron Constructors, Inc. Updated on: Address: 1320 Greenway Drive, Suite 815 City,State, Zip: Irving, Texas 75038 COFW Contract#: TBD TASK # PRECONSTRUCTION TASK DELIVERABLES CITY UOM UNIT PRICE (S) TOTAL (S) PERIOD CITY PERIOD BILLED S PREVIOUS PEITYD C PREVIOUSLY BILLED (S) TOTAL CITY COMPLETED TO DATE TOTAL BILLED TO DATE (S) AMOUNT REMAINING (S) % COMPLETE 1 Preconstruction Project Schedule 10 MO $ 5,000.00 $ 50,000.00 $ - $ - $ - $ 50,000.00 0% $ - $ - Public Outreach If Initial, 30%, 70%, GMP) 1 LS $ 33,750.00 $ 33,750.00 $ - $ 33,750.00 0% $ - $ - 2 �0%Design Plans 1 LS $ 396,178.00 $ 396,178.00 $ - $ 396,178.00 0% $ - $ - 30 % OPCC 1 LS $ 136,859.80 1 $ 136,859.80 $ - $ 136,859.80 0% 3 70%Design Plans 70%GMP 1 1 LS LS $401,728.0 $ 401,728.00 $ 58,654.21 $ 58,654.20 $ - $ - $ - $ - $ - $ 401,728.00 $ 58,654.20 0% 0% $ - $ - 7 flow Service 1 LS $ 50,000.00 $ 50,000.00 $ - $ - $ 50,000.00 0% $ - 8 Design Survey and Utilities Investigation 1 ` LS $ 138,617.0C $ 138,617.00 $ - $ - $ 138,617.00 0% $ - Geotechnical Investigation 1 LS $ 49,087.00 $ 49,087.00 $ - $ - $ 49,087.00 0% 9 SW3PIan — Aiscellaneous - Permits & Other 1 1 LS LS $ 34,200.00 $ 24,320.00 $ 34,200.00 $ 24,320.00 $ - $ - $ - $ - $ 34,200.00I $ 24,320.00 0% I 0% $ - $ - 10 Preconstruction Management Submittals 10 MO $ 10,000.00 $ 100,000.00 $ - $ - $ 100,000.00I 0% $ - $ - 11 Submit QA/QC Plan - Draft — 1 LS $ 10,000.00 $ 10,000.00 $ - $ - $ 10,000.00 0% $ - Submit QA/QC Plan - Final 1 LS $ 10,000.00 $ 10,000.00 $ - $ - $ 10,000.00 0% I $ 12 Monthly project management & Administration 10 MO $ 54,250.60 $ 542,506.00 $ $ $ 542,506.0- 0% I otal Pre^-trucaon Pha(be services cost y 2,UJ.1,9UU.UU 1 $ - $ - S 2.035� )00.00 1 0% Note: Lumpsum is to be billed based upon agreed percentage completion on monthly basis. Flatiron Constructors, Inc. Pay App- SOV(Updated on: 9/25/2024) lof 1 COFW-Wagley Robertson (PDB)- Preliminary (RFP) Design Build Services for Wagley Robertson Road - Preliminary Schedule (DRAFT) P""i Mw; 25-sp.24 lActivity ID I Activity Name rJ ContractAdministratio BIMI I FI*O our �,�����rppp(�$�5 9/(� 1qI /�/�p 117 �I N IU¢Cl Jdnl r INtatl HPrl M IJ(Iri j,lul IAugl b IUaI N IU6CIJanI Y IMafl Aprf M IJJr 1l IAUgl D I lX1 INovIUecl Jan( F IMarl�P�1 M IJUnI Jul Il`_-i � CAI 000 Notice to Proceed (Preconstruction) 0 14-01-24' 0 Nonce to Proceed (Preconstruchon), 14-Od-24' p CA1010 Preconstruction Phase 210 14-Oct-24 13-Aug-25 Preconstruction Phase p CA1020 Construction Phase 294 14-Aug-25 1340ct-26 p CA1030 Substantial Completion 0 13Oct-26 p CA1040 Final Completion (30 days punchfet) 0 25-Nov-26 ROWAcquisillons p RA1000 ROW - Retreat at Fossil Creek 120 14-W-24 08-Apr-25 ROW - Retreat at Fossil Creek p RA1010 ROW -WatersBen d(NB) 90 14-Oct-24 25-Feb-25 O ROW - WalersBond(NB) p RA1020 ROW - Other Parcels 90 14-W-24 25-Feb-25 O ROW - Other Parmls p UT1040 CoFW - Existing 36" Water One - PbthoingRRelDcation INB) 60 14-0ct-24 16Jan-25 O CoFW - Ewseng 36" Water One - PothoingRebcation (NB) ® UT1050 ONCOR - Relocate OH Electric Poles (NB) 60 14.0at-24 16Jan-25 0 ONCOR - Relocate OH Electric Pores (NB) p UT1030 CoFW - Existing 18" Sewer Utilities- PotholinglRelo atlon (NB&SBI 30 17Jan-25 06- tar-25 CoFW - ExiAng 18' Sewer UtBdres - PothoinglRelo abon (NB&SB) p UT1000 BKV Midstream LLC - Existing 4" & 16' Natural Gas Line SB) 90 09-Apr-25 27-Aug-25 0 BKV Midstream LLC - Existng 4' & 16" Natural Gas Line (SO) 0 UT1020 r; ONCOR - Relocate OH Electric Pokes (SB) Development 90 09-Apr-25 27-Aug-25 0 ONCOR - Relocate OH Eleanc Poles (SB) 0 DS1000 Design 30% -Submittal, Review &Approval 60 14-0ct-24 13Jan-25 Design 30% - Submittal. Review BApproval p DS1010 Environmental - Floodplain Permits & Othei 180 14-0ct-24 02Jul-25 Envronmental - Fioodpoin Permits & Other p DS1030 Design 70% - Submittal, Review &Approval 60 14Jan45 08-Apr-25 Design 70% - Submittal, Review &Approval p DS1020 Early Works Package/Long-Lead Items (Ofainage & MSE walls) 45 14Jan-25 18-Mar-25 O Early Works Padwge/Long-Lead gems (Drainage & MSE walls) p DS1040 Final Design review & Approval 45 09-Apr-25 1"n-25 Final Design review 8 Approval p DS1050 Final GMP delivery &Approval 45 11Jun-25 13-Aug-25 Final GMP delivery & Approval Fabrication -Long p 111000 Precast -Drainage Culvert/ ConSpen ( Early Prnourertent Item) 60 19-Mar-25 26Jun-25 O Precast - Drainage Culvertl ConSpan ( Early Procurement Items) p LL1010 Precast - MSE Walls ( Early Procurement Morita) 90 194v1ar-25 08,Aug-25 O Precast - MSE Walls I Early Procurement llensl r.d CONSTRUCTION P EarlyWorks p EW-1000 ROW Preparation & Tree Clearing INS) 10 0344-25 17Juk25 0 ROW Reparation & Tree Clearing (NB) p EW-1110 Install protection for 18" Sewer and 36' Waterline INB) 15 18-Jul-25 0i Aug-25 O Install protection for 18" Sewer and 36' Waterine NB) Construction Phase ♦ Substantial Completion. * Final Completion 130 days punchlst). - Remaining Level of Effort i, Actual Work � t::nlcal Remaining Work Page 1 of 2 FLA T I RON Actual Level of Effort Remaining Work 4 • Milestone COFW -Wagley Robertson (PDB) -Preliminary (RFP) Activity ID Activity Name O rrluuu Q. P1-1010 install Iranlcsignstzvver/lemporaryL itj ROW Prep & Excavate (SB) P1-1020 Place Embankment (SB) ® P1-1030 Finish Subgrade (SB) o P1-1040 Place TemporaryAsphalt/Sthping/CTB Shift TraffictoTemporary Asphalt Pavement p P1-1050 ® P2-1000 Strip top soil & Excavate on NB Install Con/Span Oseties at Big Fossil Creek Crossing (NIB) Install Drainage from Quicksilver to Big Fossil creek Bent Oak .Dr -Concrete Paving Install Con/Span 0-series at Tributaryto Fossil Creek (NS) Install MSE & Backfll on NB Install temp basket wall and place Roadway embankment Subgrade, work Place final Paving on NB Place temp Striping, relocate CTB and Shift Traffic O P2-1010 - P2-1020 P2-1030 ® P2-1040 P2-1050 P2-1060 P2-1070 ® P2-1080 ® P2-1090 ® P3-1010 W P3-1020 M P3-1030 o P3-1040 p P3-1050 p P3-1060 Strip top soil & Excavate on SB Install Con/Span 0-senes at Big Fossil Creek Crossing (SB) Install Con/Span 0-series at Tributary, to Fossil Creek (SB) Install MSE & Badifill on SB Subgrade work Place final Paving on SB & Jet Liner St Complete Misc. flatworks on SB 0 P4-1000 Install ElectricaVlllumination (NB/SB) © P4-1010 Final Channel regrading/LandscapkV Final Fiatwork/Signages/ Striping Clean up and Open to Traffic ( Final Configuration) p P4-1020 P4-1030 Design Suild Services for Wagley Robertson Road - Preliminary Schedule (DRAFT) ON Stan Finish I Pop, Dare: 25-sap24 Dnr 2025 2026 2027 I N IDeclJanl F IMarlAprl M IJunlJul IAugI S IUcII N IDeckanl F IMarlAprl M IJunlJul IAugl 5 jWINovlDeclJanl F IMarlAprl M IJunlJul Ix 5 14-Aug-25 20-NV 25 ■ Instal Traffic sgnsISArVilemporary, CTB 8 21-Aug25 02Sep-25 ■ ROW Prep & Excavate (SB) 5 03Sep-25 09-Sep-25 ■ Place Embankment (SB) 10 10Sep-25 23Sep-25 ■ Finish Subgrade (SO) 6 24Sep25 01-00-25 ■ Place Temporary Asphalt/Stop rg/CTB 1 02Oct25 02-001-25 1 Shin Traffic to Temporary Asphal Pavement 10 03-0d25 16-0c11-25 ■ Strip top sod & Excavate on NB 15 17Oct-25 07Nov-25 = Install Con/Span 0-senesat Bg Fossil Creek Crossing (NB) 15 17-W-25 07-Nov-25 O Install Drainage from Quirk silver to Big Fossil creek 10 10-Nov25 24-Nov-25 0 Bent Oak Dr -Concrete Paving 10 10-Nov25 24-Nov-25 0 Install ConSpan 0-senes at Tdbularyto Fossil Creek INS) 20 25-Noy,25 24-Dec-25 install MSE & Badddl on NB 20 25-Nov25 24-0eo-25 M Install temp basket wall and plaoP Roadway embankment 15 02Jan-26 23Jan-26 Subgrade work 15 26Jan26 18-Feb-26 = Place final Paving an NO 5 19-Feb26 25-Feb-26 / Place temp Striping, relocate CTB and Shift Traffic 10 26-Feb26 12-Mar-26 ■ Strip top sod & Excavate on SS 15 13-Mat-26 06-Apr-26 = instal ConrSpan 0-wires al Big Fossil Creek Crossing (SB) 10 07-Apr-26 22-Apr-26 ED InstallConrSpan 0-senes at Tributary to Fossil Creek (SB) 20 07-Apr-26 07-May-26 M Install MSE & Badcfll on SB 20 11-May26 /1Jun-26 Subgrade work 20 12Jun-26 13Jul-26 Place final Paving on SB & Jet Liner St 10 14Jul-26 27Jul-26 ■ Complete Miscflatworks on SB 15 28-Jul-26 17-Aug-26 Install Eledr,callillummalgn (NBISB) 15 18.Aug26 08Sep26 Final Channel fegradng/Landscapng 20 09Sep26 05-00-26 M Foal Flalwork/Sgnagesl Striping 5 07Oct-26 13-0cb26 ■ Clean up and Open to Traffic ( Final Confguratir - Remaining Level of Effort Actual Work Critical Remaining Work Page 2 of 2 � LET I R O N Actual Level of Effort O Remaining Wont • • Milestone ATTACHMENT B Standard General Conditions for a Design -Build Contract ❑esign-Build Agreement Page 15 of 15 Wagley Robertson Road - 104154 ATTACHMENT B STANDARD GENERAL CONDITIONS FOR THE DESIGN - BUILD AGREEMENT CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS August 2024 Page 1 of 72 WAGLEY ROBERTSON ROAD—1C4154 STANDARD GENERAL CONDITIONS FOR THE DESIGN -BUILD CONTRACT TABLE OF CONTENTS Page ATTACHMENTB.....................................................................................................................................1 Page.............................................................................................................................................................. 2 ARTICLE 1: DEFINITIONS AND TERMINOLOGY........................................................................................7 1.01 Defined Terms...............................................................................................................................7 1.02 Terminology................................................................................................................................13 ARTICLE 2: PRELIMINARY MATTERS AND DESIGN -BUILDER PRECONSTRUCTION AND DESIGN SERVICES ............................................................................................................................................14 2.01 General Services..........................................................................................................................14 2.02 USE OF REGISTERED PROFESSIONALS FOR DESIGN SERVICES....................................................16 2.03 PRECONSTRUCTION Phase Services............................................................................................16 2.04 Copies of Documents..................................................................................................................17 2.05 Commencement of Contract Time; Notice to Proceed...............................................................17 2.06 Starting the Work........................................................................................................................ 17 2.07 Before Starting Design, Project Schedule ........................... ................................................ ........17 2.08 Before Starting Construction, Baseline Schedules.....................................................................17 2.09 Preconstruction Conference.......................................................................................................18 2.10 Public Meeting............................................................................................................................18 ARTICLE 3: CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE.....................................................18 3.01 INTENT........................................................................................................................................ 18 3.02 Reference Standards...................................................................................................................18 3.03 Discrepancies.................................................................... ..... 19 3.04 Amending and Supplementing Contract Documents..................................................................19 3.05 Reuse of Documents................................................................................................................... 20 3.06 Electronic Data............................................................................................................................20 CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS August 2024 Page 2 of 72 WAGLEY ROBERTSON ROAD — 104154 ARTICLE 4: AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS.........................................................20 4.01 Availability of Lands.................................................................................................................... 20 4.02 Subsurface and Physical Conditions............................................................................................ 21 4.03 Differing Subsurface or Physical Conditions................................................................................ 21 4.04 Underground Facilities................................................................................................................22 4.05 Reference Points......................................................................................................................... 23 4.06 Hazardous Environmental Condition at Site............................................................................... 23 ARTICLE 5: INDEMNITY, BONDS AND INSURANCE.................................................................................25 5.01 Design -Builder's Indemnification.................................................................................................25 5.02 performance, payment, and maintenance Bonds........................................................................ 25 5.03 CONSEQUENTIAL DAMAGES.......................................................................................................26 5.04 Certificates of Insurance.............................................................................................................. 26 5.05 Categories of Insurance.............................................................................................................. 28 5.06 Insurance Requirements.............................................................................................................29 5.07 Acceptance of Bonds and Insurance; Option to Replace............................................................ 31 ARTICLE 6: DESIGN -BUILDER'S RESPONSIBILITIES.................................................................................32 6.01 Supervision and Superintendence.............................................................................................. 32 6.02 Labor; Working Hours.................................................................................................................32 6.03 Services, Materials, and Equipment............................................................................................32 6.04 Project Sched u le......................................................................................................................... 33 6.05 Concerning Subcontractors, Suppliers, and Others.................................................................... 34 6.06 Wage Rates................................................................................................................................. 35 6.07 Patent Fees and Royalties........................................................................................................... 37 6.08 Permits and LICENSES................................................................................................................. 37 6.09 Laws and Regulations.................................................................................................................. 38 6.10 Taxes........................................................................................................................................... 38 6.11 Use of Site and Other Areas........................................................................................................ 38 6.12 Record Documents......................................................................................................................39 6.13 Safety and Protection..................................................................................................................40 CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS August 2024 Page 3 of 72 WAGLEY ROBERTSON ROAD — 104154 6.14 Safety Representative................................................................................................................. 40 6.15 Hazard Communication Programs..............................................................................................40 6.16 Emergencies and/or Rectification...............................................................................................41 6.17 Submittals and Samples..............................................................................................................41 6.18 Continuing the Work...................................................................................................................43 6.19 Design -Builder's General Warranty and Guarantee...................................................................43 6.20 Professional ❑esign Services.......................................................................................................44 6.21 Right to Audit..............................................................................................................................45 6.22 Nondiscrimination.......................................................................................................................45 ARTICLE 7: OTHER WORK AT THE SITE..................................................................................................46 7.01 Related Work at Site....................................................................................................................46 7.02 Coordination...............................................................................................................................46 ARTICLE 8: CITY'S RESPONSIBILITIES.....................................................................................................47 8.01 Communications to Design-Builder............................................................................................47 8.02 Furnish Data................................................................................................................................47 8.03 Pay When Due.............................................................................................................................47 8.04 Change Orders.............................................................................................................................47 8.05 Inspections, Tests, and Approvals...............................................................................................47 8.06 Limitations on City's Responsibilities.....................................................................................I....47 8.07 Undisclosed Hazardous Environmental Condition. ........................ ............................................ 47 ARTICLE 9: CITY'S OBSERVATION STATUS DURING CONSTRUCTION....................................................47 9.01 City's Project Representative......................................................................................................47 9.02 Visits to Site.................................................................................................................................48 9.03 Authorized Variations in Work....................................................................................................48 9.04 Rejecting Defective Work............................................................................................................48 ARTICLE 10: CHANGES I THE WORK; CLAIMS; EXTRA WORK.................................................................48 10.01 Authorized Changes in the Work................................................................................................48 10.02 Unauthorized Changes in the Work............................................................................................49 10.03 Execution of Change Orders........................................................................................................49 10.04 Extra Work...................................................................................................................................49 CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS August 2024 Page 4 of 72 WAGLEY ROBERTSON ROAD — 104154 10.0S Notification to Surety..................................................................................................................49 10.06 Contract Claims Process.............................................................................................................. 50 ARTICLE 11: COST OF WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT ... 50 11.01 Cast of Work................................................................................................................................ 50 11.02 Contingency................................................................................................................................ 56 11.03 ALLOWANCE................................................................................................................................56 ARTICLE 12: DESIGN -BUILDER'S FEE, CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME, DELAYS................................................................................................................................ 57 12.01 Design -Builder's Fee....................................................................................................................57 12.02 Change of GMP............................................................................................................................ 57 12.03 Change of Contract Time............................................................................................................. 57 12.04 Delays..........................................................................................................................................57 ARTICLE 13: TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ... ... ............ ......... .... ............ ......... .... .............. ....... .... ..... ........ ........ ..... ........ I ... I ............ I........ 58 13.01 Notice of Defects......................................................................................................................... 58 13.02 Access to Work............................................................................................................................ 58 13.03 Tests and Inspections..................................................................................................................58 13.04 Uncovering Work........................................................................................................................ 59 13.05 City May Stop the Work ...................................................... ........................................................ 60 13.06 Correction or Removal of Defective Work..................................................................................60 13.07 Correction Period........................................................................................................................60 13.08 Acceptance of Defective Work.................................................................................................... 61 13.09 City May Correct Defective Work................................................................................................ 61 ARTICLE 14: PAYMENTS TO DESIGN -BUILDER AND COMPLETION.......................................................... 62 14.01 Schedule of Values...................................................................................................................... 62 14.02 CONSTRUCTION Progress Payments. ............ ........................ .................... ................ ...... 62 14.03 Design -Builder's Wa rra nty of Titl e ..............................................................................................64 14.04 Partial Utilization...... ... ....................................................................................... ................ ...... 64 14.05 Final Inspection........................................................................................................................... 65 14.06 Final Acceptance......................................................................................................................... 65 14.07 Final Payment..............................................................................................................................65 CITY OF FORT WORTH Page 5 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 14.08 Final Completion ❑elayed and Partial Retainage Release...........................................................66 14.09 Waiver of Claims......................................................................................................................... 66 ARTICLE 15: SUSPENSION ❑F WORK AND TERMINATION.......................................................................67 15.01 city may suspend work................................................................................................................67 15.02 City May Terminate for Cause.....................................................................................................67 15.03 City May Terminate For Convenience......................................................................................... 69 15.04 City May Terminate For Convenience for failure to agree on Guaranteed maximum price for thework..................................................................................................................................................71 ARTICLE 16: DISPUTE RESOLUTION......................................................................................................... 71 16.01 Methods and Procedures............................................................................................................71 ARTICLE 17: MISCELLANEOUS.................................................................................................................71 17.01 Giving Notice...............................................................................................................................71 17.02 Computation of Times................................................................................................................. 72 17.03 Cumulative Remedies................................................................................................................. 72 17.04 Survival of Obligations................................................................................................................. 72 17.05 Headings......................................................................................................................................72 CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS August 2024 Page 6 of 72 WAGLEY ROBERTSON ROAD — 104154 ARTICLE I: DEFINITIONS AND TERMINOLOGY 1.01 DEFINED TERMS 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. Addenda —Written or graphic instruments issued prior to the opening of Responses or Proposals which clarify, correct, or change the requirements orthe proposed Contract Documents. 2. Agreement —The written instrument memorializing the understanding between City and Design -Builder regarding prosecution of the Work. 3. Allowance —Funds, if any, reserved unto the Project by the City for City's use. 4. Architect —A Licensed, independent design professional pursuant to Texas Occupations Code Chapter 1051 et seq. selected by the Design -Builder based upon demonstrated competence and qualifications in accordance with Chapter 2254, Texas Government Code or furnished by licensed employees of the Design- Builder to provide architectural services required for the Project. 5. Application for Payment —The form acceptable to City which is to be used by Design - Builder during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 6. 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. 7. 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. 8. Business Equity Ordinance - the City's Business Equity Ordinance #25165-10-2021 (City Code Chapter 20, Article X), as amended. 9. Calendar Day— A day consisting of 24 hours measured from midnight to the next midnight. 10. Change Order —A document, the form of which is prepared and approved by the City, which is signed by Design -Builder and City and authorizes an addition, deletion, or CITY OF FORT WORTH Page 7 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 revision in the overall Work or an adjustment in the GMP or the Contract Time, issued on or after the Effective Date of the Agreement. 11. 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 under his behalf, and is the entity with whom Design -Builder has entered into the Agreement and for whom the Work is to be performed. 12. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or duly authorized representative. 13. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 14. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or duly authorized representative. 15. Contingency— Funds, if any, reserved unto the Project by the City for Design Builder's use, subject to the approval of the City. 16. Construction Documents — The Drawings, Specifications and other documents prepared by the Design -Builder and reviewed by the City for sufficiency with the City's standard specifications and the construction scope of the Project. 17. Construction Services — The labor, materials, equipment, and services necessary to perform manage and deliver the construction of the Work in compliance with the Contract Documents. 18. Contract Claim — A demand or assertion by City or Design -Builder seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Agreement. A demand for money or services by a third party is not a Contract Claim. 19. Contract Documents--- The entire contract consisting of the Agreement Design -Builder's scope of Work and Cost Proposal, the Construction Documents, and any exhibits thereto, and other necessary documents as may be indicated by the City whether specifically attached hereto or provided separately. Approved Submittals, other Submittals, and the reports and Drawings of subsurface and physical conditions are not Contract Documents. 20. Contract Price —The moneys payable by the City t❑ Design -Builder far the Work in accordance with the Contract Documents. 21. Contract Time— The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, and (ii) complete the Work so that it is ready far Final Acceptance. 22. Cost of Work— The included and excluded costs which Design -Builder shall consider when developing the Design -Builder's Fee and the GMP. See Paragraph 11.01 of these General Conditions for details. 23. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City, or Design -Builder exclusive of a Contract Claim. CITY OF FORT WORTH Page 8 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 24. Day or day— A day, unless otherwise defined, shall mean a Calendar Day. 25. Design -Builder —A partnership, corporation, or other legal entity that includes an engineer and a construction contractor[s) qualified to engage in civil works construction in Texas. 26. Defective Work - Any portion of the Work not in conformance with the Contract Documents. 27. Design -Builder Fee —The specific moneys payable by City to Design -Builder for prosecution of the Work in accordance with the Contract Documents as stated in the Agreement. 28. Design Services — The labor, materials, equipment, and services necessary to perform the design of the Project, or the various separately identifiable parts thereof, under the Contract Documents. Design Services includes and is the result of performing or providing all labor, services, and documentation necessary to fully design the Project, to prepare Construction Documents, including any Change Order(s) or Field Order(s), all as required by the Contract Documents. Design Services does not include labor, services or documentation associated with construction Submittals or other project engineering work required for construction of the Work. 29. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or duly appointed representative, assistant, or agents. 30. Director of Parks and Recreation Department— The officially appointed Director of the Parks and Recreation Department of the City of Fort Worth, Texas, or duly appointed representative, assistant, or agents 31. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or duly appointed representative, assistant, or agents. 32. Director of Transportation and Public Works —The officially appointed Director of the Transportation and Public Works ❑epartment of the City of Fart Worth, Texas, or duly appointed representative, assistant, or agents. 33. Director of Water Department —The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or duly appointed representative, assistant, or agents. 34. 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 Design -Builder. Submittals are not Drawings as so defined. 35. Early Works Package - Construction Documents developed for a portion of the Work to facilitate the overall Project schedule prior to acceptance of the Project GMP. 36. Effective Date of the Agreement —The date on which the Agreement is signed by the City Manager. 37. Engineer —The licensed design professional, as per Texas Occupations Code Chapter 1001 et seq., selected by the Des ign-Builder in accordance with Texas Government Code CITY OF FORT WORTH Page 9 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 Chapter 2254, or furnished by licensed employees of the Design -Builder to provide engineering services required for the Project. 38. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra Work shall be incorporated into the Work. 39, Field Order — A written order issued by Design -Builder, which may be on the recommendation of the City, which requires changes in the Work but which does not involve a change in the GMP, Contract Time, or the intent of the Engineer. Payment for Field Orders is the responsibility of the Design -Builder and may be funded from Contingency funds, if any, or other funding sources incorporated into the Agreement. 40. Final Acceptance — The written notice given by the City to the Design -Builder that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 41. Final Inspection — Inspection carried out by the City to verify that the Design - Builder has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 42. Guaranteed Maximum Price (GMP) - The maximum cost to the City for the Work as established by the Design -Builder according to the Contract Documents and as approved by the City. 43. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 44. Hazardous Waste — Any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 45. Laws and Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts havingjurisdiction. 46. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 47. Liquidated Damages —A specified sum of money established in the Agreement that, for each Calendar Day that any work shalf remain uncompleted after the time specified in the Agreement, will be deducted from the monies due the Design -Builder, not as a penalty, but to compensate for damages suffered by the City. 48. Major Item — An Item of work included in the Contract Documents that has a total cost equal to or greater than S% of the original Contract Price or $25,000 whichever is less. 49. Business Equity Firm - An independent firm that is a certified MBE and or WBE with a Significant Business Presence in the City's Marketplace (see Business Equity Ordinance for additional definitions) CITY OF FORT WORTH Page 10 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 50. MWBE Utilization Plan —The Design -Builder's plan to address the diverse M W B E goals) set by City for performance of the Work. 51. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 52. Notice to Proceed —A written notice given by City to Design -Builder fixing the date on which the Contract Time will commence to run and on which Contractor snail start to perform the services specified in Contract Documents. 53. Open Book Price — The price of subcontracts and purchases, the Site expenses for superintendence and professional services directiy supporting the construction effort plus agreed overhead and profit. 54. Owner's advisor —The licensed design professional, as per Texas Occupations Code Chapter 1001 et seq., to provide Owner with project management oversight assistance as required under Texas Government Code Chapter 2269. ❑wner's Advisor is independent of the Design -Builder. 55. PCBs —Polychlorinated biphenyls. 56. Petroleum —Crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 57. Plans — See definition of Drawings. 58. Preconstruction Services —The labor, materials, equipment, and services provided by Design- Builder to develop a Guaranteed Maximum Price Proposal and secure a Notice to Proceed for construction phase services. Preconstruction Services includes Design Services and any consultation or advisory services necessary to prepare acceptable Construction Documents, final Guaranteed Maximum Price Proposal and securing the Notice to Proceed for construction phase services. 59. Project —The Work to be performed under the Contract Documents. 60. Project Schedule —A schedule, prepared and maintained by Design -Builder, in accordance with the Contract Documents, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 61. Project Representative —The authorized representative of the City who will be assigned to the Project. The Project Representative is not a City inspector for purposes of inspecting detailed aspects of the construction phase of the Work. 62. Procurement Documents —The Request for Qualifications, Request for Proposals, Design Criteria Package(s), Draft Contract and other such documents used in the procurement and selection of Design -Builder. 63. Proposal— The Design Builder's response to the R F P issued by the City to solicit a Design -Builder to design and build the Project or the documentation provided to City by CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 11 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 Design -Builder to establish scope, cost and schedule terms for an Early Works Package or the Project's Guaranteed Maximum Price. 64. Public Meeting — An announced meeting conducted by the City and/or Design -Builder to facilitate public participation and to inform the public of the Project. 65. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 66. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 67. Retainage —The amount of money, on a percentage basis, identified in the Agreement to be withheld by City from each of Design -Builder's construction progress payments. 68. Request for Proposals (RFP) — A request by the City issued to qualified Design -Builder Firms for Proposals to design and build the Project. 69. 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. 70. Schedule of Submittals —A schedule, prepared and maintained by Design -Builder, of required Submittals and the time requirements to support scheduled performance of related construction activities. 71. Schedule of Values —A schedule prepared and maintained by Design -Builder, allocating portions of the Project Price to various portions of the Work and used as the basis for reviewing Design -Builder's Applications for Payment. 72. Site —Lands or areas indicated in the Procurement Documents or Contract Documents as being furnished by City 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 which are designated for the use of Design -Builder in furtherance of the Project. 73. 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. 74. Subcontractor —An individual or entity, at whatever tier, having a direct contract with the Design -Builder or with any other Subcontractor to the Design-Builderfor the performance of Work at the Site. 75. Submittals —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared ❑r assembled by or for Design -Builder and submitted to City by Design -Builder to illustrate some portion of the Work. Submittals are not part of Contract Documents. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 12 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 76. Substantial Completion — The stage in the progress of the Project when the Work (or designated portion thereof) is sufficiently complete in accordance with the Contract Documents so that the City can utilize the Project [or a designated portion thereof] for its intended use. 77. Superintendent — The representative of the Design -Builder who is available at all times and able to receive instructions from the City and to act for the Design -Builder. 78. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 79. Supplier —A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Design -Builder, Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work. 80. 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. 81. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at S:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 82. Work —The labor, materials, equipment, and services necessary to perform the design, Preconstruction Services, Construction Services, and construction of the project, or the various separately identifiable parts thereof, under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such design and construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by or reasonably inferable from the Contract Documents. 83. 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 Design- Builder will permit the performance of the principal unit of Work. 1.02 TERMINOLOGY A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or impart to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of CITY OF FORT WORTH Page 13 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide, Supply: 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. E. Common Construction Terms: Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2: PRELIMINARY MATTERS AND DESIGN -BUILDER PRECONSTRUCTION AND DESIGN SERVICES 2.01 GENERAL SERVICES A. Design -Builder's Representative shall be an employee of the Design -Builder, unless this requirement is waived in writing by the City, shall be reasonably available to City, and shall have the necessary expertise and experience required to supervise the Work. Design - Builder's Representative shall communicate regularly with City and shall be vested with the authority to act on behalf of Design -Builder. Design -Builder shall replace the Design - Builder's Representative upon City's request in the event the Design -Builder's Representative is unable to perform to City's satisfaction. B. Design -Builder shall provide City with a monthly status report detailing the progress of the Work, including whether (i) the Work is proceeding according to schedule, (ii) discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution, (iii) health and safety issues exist in connection with the Work, and (iv) other items require resolution so as not to jeopardize Design -Builder's ability to complete the Work for the Contract Price and within the Contract Time(s). C. Design -Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated by Paragraph D. hereof, an initial schedule for the execution of the Work for City's review and approval. The initial schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when City information and CITY OF FORT WORTH Page 14 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD—104154 August 2024 approvals are required to enable Design -Builder to achieve the Contract Time(s). The schedule shall be revised by the preiiminary schedule and as required by conditions and progress of the Work, but such revisions shall not relieve Design -Builder of its obligations to complete the Work within the Contract Time(s), as such dates may be adjusted in accordance with the Contract Documents. City's review of and response to the initial schedule shall not be construed as relieving Design -Builder of its complete and exclusive control over the means, methods, sequences and techniques for executing the Work. Design -Builder's schedules shall identify the critical path for completing the Work. D. The parties will meet within seven (7) days after execution of the Agreement, to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to Submittals and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. Design -Builder shall submit the following to City's Representative for City's review and approval no later than the meeting contemplated in this paragraph: 1. Letter designating Design -Builder's Representative. 2. A Preliminary Schedule of Values for all of the Work. a. The Final Schedule of Values for the construction phase services portion of the Work will be approved at the time of City's acceptance of the GMP. This Schedule of Values will (i) subdivide the Work into its respective parts, (ii) include values for all items comprising the Work and (iii) serve as the basis for monthly progress payments made to Design -Builder throughout construction of the Work. b. The Initial Schedule of Values will include, but separately itemize, the services for the Preconstruction Phase Services from the cost of construction. Preconstruction Phase Services progress payments will be made to Design -Builder on a progress basis as defined herein. 3. A proposed Production Schedule for Preconstruction Phase Services in the form and substance required by the Agreement which will be used for determining the amount to be paid for those services over the duration of the Contract. E. Design -Builder shall not substitute any Subcontractor, Sub -Subcontractor, key personnel or organization that has been accepted by City, unless the substitute has been accepted in writing by City. Design -Builder will provide City with a written request for any substitution or replacement stating the reason for the substitution or replacement, identification of the substitute or replacement Key Personnel and the qualifications and experience and references to demonstrate that substitute or replacement is equally or better qualified and experienced. The Design -Builder will be required to provide quality assurance and quality control services for Design Services and construction of the Work. independent of those Design -Builder services, and in accordance with Texas law, the City will provide or contract for inspection services, testing of construction material engineering and verification testing services necessary for acceptance of the Project. The Design -Builder will be required to provide management for coordination of these services. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 15 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 2.02 USE OF REGISTERED PROFESSIONALS FOR DESIGN SERVICES Design -Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design -Builder, or procured from qualified, independent licensed Design Consultants, the necessary Design Services, including architectural, engineering and other design professional services, for the preparation of the required Drawings, Specifications and other design submittals to permit Design -Builder to complete the Work consistent with the Contract Documents. 2.03 PRECONSTRUCTION PHASE SERVICES A. Design -Builder and City shall, consistent with any applicable provision of the Contract Documents, agree upon any interim design submissions that City may wish to review, which interim design submissions may include design criteria, Drawings, diagrams and Specifications setting forth the Project requirements. On or about the time of the scheduled submissions, Design -Builder and City shall meet and confer about the submissions, with Design -Builder identifying during such meetings, among other things, the evolution of the design and any significant changes or deviations from the Contract Documents, or, if applicable, previously submitted design submissions. Minutes of the meetings will be maintained by Design -Builder and provided to a I I attendees for review. Following the design review meeting, City shall review and approve the interim design submissions in a time that is consistent with the turnaround times set forth in Design -Builder's schedule. B. Design -Builder shall submit to City Construction Documents setting forth in detail Drawings and Specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim design submissions, as such submissions may have been modified in a design review meeting. The parties shall have a design review meeting to discuss, and City shall review and approve the Construction Documents in accordance with the procedures set forth Paragraph 2.03.A. Design -Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit ten sets of approved Construction Documents to City prior to commencement of construction. C. City's review and approval of interim design submissions and the Construction Documents is for the purpose of mutually establishing a conformed set of Contract Doc uments compatible with the requirements of the Work. Neither City's review nor approval of any interim design submissions and Construction Documents shall be deemed to transfer any design liability from Design -Builder to City. D. To the extent not prohibited by the Contract Documents or Legal Requirements, Design - Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. These Early Works Packages must be agreed to in writing by the City and Design -Builder. Authorization to proceed with an Early Works Package will generally follow the procedures detailed in the Contract Documents for Guaranteed Maximum Price Proposal approval and Notice to Proceed, but will not terminate Preconstruction Services. All Early Works Package CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 16 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 construction authorizations will be captured in the final Guaranteed Maximum Price Proposal for the Project. E. For any Subcontractors or Suppliers not identified in Design -Builder's Proposal in response to the Project's Request for Proposals, Design -Builder will prepare a S u bco nt ra cto r/S u p p I i e r selection plan and submit the plan to the City for approval. This 5ubcontractor selection plan shall identify those trades which must be pre -qualified for their respective portions of the Work and shall include the manner in which Design -Builder will select Subcontractors and Suppliers. F. Design -Builder will provide the Preconstruction Services described in Attachments to the Design Build Agreement. 2.04 COPIES OF DOCUMENTS City shall furnish to Design -Builder an electronic copy of the executed Agreement as it is embedded in the Contract Documents. Design -Builder shall furnish to City the Construction Documents and other supporting information necessary for inspection of the Work and preparation of the record documents as described herein in quantities and format as specified in the Supplementary Conditions. 2.05 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED The Contract Time will commence to run on the day indicated in the Notice to Proceed far the appropriate phase of services. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement, acceptance of an Early Works Package Proposal or acceptance of the Guaranteed Maximum Price Proposal. 2.05 STARTING THE WORK Design -Builder shall begin compensable performance of the Preconstruction Services on the date when the Contract Time commences to run. No construction Work shall be done at the Site prior to the date on which the City approves the design of the Work, unless upon request of the Design -Builder and permission is specifically granted by the City through a Notice to Proceed. 2.07 BEFORE STARTING DESIGN, PROJECT SCHEDULE Design -Builder shall submit to City its Project Schedule in accordance with the Contract Doc uments within 14 days of starting Preconstruction Services. No progress payment shall be made to Design - Builder until acceptable schedules are submitted to City. 2.08 BEFORE STARTING CONSTRUCTION, BASELINE SCHEDULES Design -Builder shall submit to City its baseline schedule in accordance with the Contract Documents, and prior to starting the Work. No progress payment shall be made to Design - Builder until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 17 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 2.09 PRECONSTRUCTION CONFERENCE Before any Work at the Site is started, the Design- Builder shall attend a Preconstruction Conference. 2.10 PUBLIC MEETING Design -Builder 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: INTENT, AMENDING, REUSE 3.01 INTENT A. The Contract Documents, including the Drawings and Specifications developed under Preconstruction Phase Services, are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to include all information necessary for the proper execution and timely completion of the Work by Design -Builder. The Design -Builder will execute the Work described in and reasonably inferable from the Contract Documents as necessary to produce the results indicated by the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Construction Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. ❑mitted wards and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the section. The Design -Builder shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross-referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Design -Builder. The Design -Builder shall not rely on the cross-referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross-referencing is provided in each section or whether or not the cross-referencing is complete. 102 REFERENCE STANDARDS A. Standards, Specifications, Codes, Laws, and Regulations CITY OF FORT WORTH Page 18 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 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 the Effective Date of the Agreement except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Design - Builder, or any of its Subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision ❑r 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. 3.03 DISCREPANCIES A. Resolving Discrepancies: The following precedence of documents shall be used in resolving discrepancies within the Contract Documents. 1. Executed Change Orders to the Contract Documents shall take precedence over prior requirements of the Contract Documents, including incorporation of provisions provided in the Design -Builder's Guaranteed Maximum Price Proposal or Early Works Package Proposals. 2. The Guaranteed Maximum Price Proposal shall take precedence over Early Works Package Proposals when Early Works Package Proposal provisions or Work are incorporated into the Guaranteed Maximum Price Proposal. 3. The Agreement shall take precedence over General and Supplementary Conditions. 4. Supplementary Conditions shall take precedence over General Conditions. 5. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 3.04 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 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 GMP or Contract Time, may be authorized, by one or more of the following ways: CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DE51GN-BUILD PROJECTS Page 19 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 1. A Field Order; 2. City's review of a Submittal (subject tot he provisions of Paragraph 6.17.D); or 3. City's written interpretation or clarification. 105 REUSE OF DOCUMENTS A. Design -Builder and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with City: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, Owner's Advisor, or Engineer's or Owner's Advisor's sub -consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project for any other project without written consent of City and Engineer or Owner's Advisor, as applicable. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Agreement. Nothing herein shall preclude Design -Builder from retaining copies of the Contract Documents for record purposes. 3.06 ELECTRONIC DATA A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City to Design -Builder, or by Design -Builder to City, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's on-line, electronic document management and collaboration system. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files wiiI be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4: AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 AVAILABILITY OF LANDS A. City shall furnish the Site. City shall promptly after becoming aware thereof, notify Design - Builder of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Design -Builder must comply in performing the Work. City will ❑btain in a timely manner and pay for easements far permanent structures or permanent changes in existingfaciIities. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 20 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Design -Builder in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities. Any outstanding removal or relocation of utilities is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Design -Builder in accordance with the Contract Documents must consider any outstanding utilities to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Design -Builder with a current statement of record legal title and legal description of the lands upon which the Work is to be performed or as -built and/or record drawings of any existing structures at the Site. C. Design -Builder shall provide far all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 SUBSURFACE AND PHYSICAL CONDITIONS A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Design -Builder on Technical Data Authorized: Design -Builder may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Design -Builder may not make any Contract Claim against City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Design -Builder's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Design-Buiider, and safety precautions and programs incident thereto; or 2. any Design -Builder interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.03 DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS A. Notice: If Design -Builder believes that any subsurface or physical condition that is uncovered or revealed either: CITY OF FORT WORTH Page 21 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 1. is of such a nature as to establish that any "technical data" on which Design -Builder is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Design -Builder shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Design -Builder shall be entitled to an adjustment in the G M P and/or Contract Time if: 1. Design -Builder did not know of the existence of such conditions at the time Design - Builder made a final commitment to City with respect to G M P and Contract Time ; or 2. the existence of such condition could not reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Design -Builder gave the written notice as required by Paragraph 4.03.A. 4.04 UNDERGROUND FACILITIES A. Shown or Indicated: The information and data shown or indicated in the Procurement Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions, the cost of all of the following will be included in the Preconstruction Phase Services, and Design -Builder shall have full responsibility to account for Underground Facilities in the Work: 1. reviewing and checking all such information and data; 2. locating all Underground Facilities shown or indicated in the Procurement Documents or Contract Documents; 3. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and 4. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Procurement Documents or Contract Documents, Design - CITY OF FORT WORTH Page 22 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 Builder shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Design -Builder shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 REFERENCE POINTS A. Design -Builder shall provide engineering surveys to establish reference points for construction, which are necessary to enable Design -Builder to proceed with the Work. Design -Builder will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Design -Builder shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Design -Builder shall report to City whenever any reference point or property monument requires relocation because of necessary changes in grades or locations. Design -Builder shall be responsible for the replacement or relocation of reference points or property monuments destroyed by the Design -Builder. 4.06 HAZARDOUS ENVIRONMENTAL CONDITION AT SITE A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Design -Builder on Technical Data Authorized: Design -Builder may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Design -Builder may not make any Contract Claim against City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: the completeness of such reports and drawings for Design -Builder's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Design -Builder and safety precautions and programs incident thereto; or other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or CITY OF FORT WORTH Page 23 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD—104154 August 2024 3. any Design -Builder interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Design -Builder shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Procurement Documents or Contract Documents to be within the scope of the Work. Design -Builder shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Design -Builder, Contractor, Subcontractors, Suppliers, or anyone else for whom Design -Builder is responsible. D. if Design -Builder encounters a Hazardous Environmental Condition or if Design -Builder or anyone for whom Design -Builder is responsible creates a Hazardous Environmental Condition, Design -Builder shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) verbally notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. When the Hazardous Environmental Condition has been rendered harmless —whether by the Design -Builder, City's separate remediation contractor, the work in the affected area shall resume upon written notice by the City to Design -Builder. For such verified Hazardous Environmental Conditions that Design -Builder encounters that are not within Design - Builder's scope of work, the Contract Time shall be extended appropriately and the Contract Price shall be increased in the amount of any reasonable costs of shut -down, delay and resta rt. E. Design -Builder shall not be required to commence or resume Work in connection with such condition or in any affected area as described in Paragraph 4.06 C. or D. until after City has obtained any required permits related thereto and delivered written notice to Design -Builder: (i) specifying that such condition and any affected area is or has been rendered suitable for the commencement or resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. if after receipt of such written notice Design -Builder does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. To the fullest extent permitted by Laws and Regulations, Design -Builder 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 a Hazardous Environmental Condition created by Design -Builder or by anyone for whom Design -Builder is responsible. Nothing in this Paragraph shall obligate Design -Builder to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. G. The provisions of Paragraphs 4.02, 4.03, and 4.04 d❑ not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH Page 24 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 ARTICLES- INDEMNITY, BONDS AND INSURANCE 5.01 ❑ESIGN-BUILDER'S INDEMNIFICATION DESIGN -BUILDER COVENANTS AND AGREES TO, AND DOES HEREBY ASSUME LIABILITY, INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY - ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING ❑UT OF ❑R IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK TO BE PERFORMED UNDER THE AGREEMENT, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ANY ACT, ❑MISSION OR NEGLIGENCE ON THE PART OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, OR LICENSEES OF CITY. ❑ESIGN-BUILDER LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD CITY HARMLESS FROM AND AGAINST ANY AND ALL INJURIES, LOSS, ❑R DAMAGES TO PROPERTY OF CITY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK TO BE PERFORMED UNDER THE AGREEMENT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, IN WHOLE OR IN PART, ANYAND ALL ALLEGED ACTS OR OMISSIONS OF CITY'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, OR LICENSEES. THE INTENT OF THIS PARAGRAPH IS TO REQUIRE DESIGN -BUILDER TO INDEMNIFY THE CITY FOR ITS SOLE OR CONCURRENT NEGLIGENCE. THE ENGINEER SHALL INDEMNIFY AND HOLD HARMLESS THE CITY AGAINST LIABILITY FOR ANY DAMAGE COMMITTE❑ BY THE ENGINEER OR ENGINEER'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE T❑ PAY A SUBCONTRACTOR OR 5UPPLIER. CITY IS ENTITLED TO RECOVER ITS REASONABLE ATTORNEY'S FEES IN PROPORTION TO THE ENGINEER'S LIABILITY. 5.02 PERFORMANCE, PAYMENT, AND MAINTENANCE BONDS All bonds and insurance required by the Contract ❑ocuments to be purchased and maintained by Design -Builder 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 coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. A. If a fixed contract amount or GMP has not been determined at the time the Agreement is awarded, the penal sums of the performance and payment bonds must each be in an amount equal to the construction budget. B. The Design -Builder shaft, not later than the tenth day after the Design -Builder executes the Agreement or the City approves a change in construction budget through the GMP or a Change Order, deliver to the City payment and performance bonds or a bid bond or other financial security acceptable to City to ensure that the Design -Builder will furnish the payment and performance bonds prior to commencement of the construction Work. No payment or performance bond is required for the Design Services provided under the Agreement. The payment and performance bonds shall each be on a form acceptable to the CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 25 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 City and in compliance with Texas Government Code Chapter 2253 and be in the name of the City. C. Maintenance bond{s), valid for two years from the Substantial Completion date of the construction Work, shall be procured and provided by the Design -Builder to City prior to Final Acceptance of the Work. Maintenance bond(s) shall be on a form acceptable to and in the name of and in favor of the City. D. All payment, performance and maintenance bonds issued shall be provided by a surety in accordance with Texas Gov't Code 2253. No sureties will be accepted by the City that are at the time of issuance in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the Design- Builder to that effect and the Design -Builder shall immediately provide a new surety and bonds satisfactory to the City. 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. E. if the surety on any bond furnished by Design -Builder is declared bankrupt or becomes insolvent or its right to do business in the State of Texas is terminated or it ceases to meet the requirements of Paragraph 5.02.D, Design -Builder 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 5.01 and 5.02.D. 5.03 CONSEQUENTIAL DAMAGES Notwithstanding anything herein to the contrary, neither Design -Builder nor City shall be liable to the other far any consequential losses or damages, whether arising in contract, warranty, tort (including negligence), strict liability or otherwise, including but not limited to losses of use, profits, business, reputation or financing. 5.04 CERTIFICATES DF INSURANCE ❑esign-Builder shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, Acord (or equivalent) certificates of insurance which Design -Builder is required to purchase and maintain. A. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all Iiabiiity policies. B. The Design -Builder'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. C. The certificate shalt 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. D. 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 - CITY OF FORT WORTH Page 26 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 : VI 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. E. All applicable policies, where required, shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City and each additional insured identified in the Supplementary Conditions. F. 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 Design -Builder's obligation to maintain such lines of insurance coverage. G. 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. H. 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 Agreement and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. Policies shall have no exclusions by endorsements which neither nullify or amend the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event the City desires additional insurance coverage, and the City desires the Design -Builder to obtain such coverage, the Contract Price shall be adjusted through the Change Carder processes articulated in the Contract Documents by no more than the cost of the premium for such additional coverage plus 10%. J. Any self -insured retention (SIR) in excess of $25,0O0.00 affecting required insurance coverage shall be approved by the City, and, if used by the Design -Builder, is the complete and total responsibility of the Design -Builder. Any failure to maintain SIR in strict accordance with the provisions outlined in City's approval shall be deemed a material breach of the Contract by Design -Builder. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. K. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages 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 Agreement by Change ❑rder. L. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements applying directly to Project. CITY OF FORT WORTH Page 27 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 M. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.05 CATEGORIES OF INSURANCE A. Workers Compensation and Employers' Liability. Design -Builder shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 405, 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 Design -Builder's performance of the Work and Design- Builder's other obligations under the Contract Documents, whether it is to be performed by Design - Builder, 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 for: 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. 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 (150) 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 or nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unlessthe City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the Design -Builder to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the Project (if identified in the Supplementary Conditions). 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 ❑esign- Builder, 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. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 28 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 D. Railroad Protective Liability. If any ❑f the work ❑r any warranty work is within the limits ❑f railroad right-of-way, the Design -Builder shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Design -Builder shall immediately notify City upon cancellation or other loss of insurance coverage. Design -Builder shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.06 INSURANCE REQUIREMENTS A. Design Services: 1. Design -Builder shall not commence work under this Agreement until it has obtained all insurance required as specified herein and the City has approved such insurance. a. Commercial General Liabilitv $1,000,000 each occurrence $1,000,000 aggregate b. Automobile Liabilitv $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. c. Worker's Compensation Coverage A:statutory limits Coverage B:$10O,0O0 each accident $500,000 disease - policy limit $100,000 disease - each employee d. Professional Liability $1,000,000 each claim limit $2,000,000 aggregate limit 2. Additional Insurance Requirements a. Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the CITY OF FORT WORTH Page 29 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 contractual Agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. b. Except for employer's liability insurance coverage under Design -Builder's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Design -Builder's insurance policies. c. Certificates of insurance shall be delivered to the City's Project Manager at the address Specified prior to commencement of Work. d. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. e. Each insurance policy shall be endorsed to provide the City a minimum thirty days' notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VI ❑r equivalent measure of financial strength and solvency. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. Design -Builder's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Design -Builder shall report, in a timely manner, to City's Project Manager any Known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Design -Builder's liability shall not be limited to the specified amounts of insurance required herein. B. Construction Phase: 1. The limits of liability for the required insurance shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: a. Workers' Compensation: Statutory limits CITY OF FORT WORTH Page 30 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit b. Commercial General Liabilitv: Commercial General Liability shall be on a per project basis covering the Design - Builder with minimum limits of: $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment —Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site or each work package, if more than one. 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 Liabilitv: A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned and shall be in an amount not less than the following amounts: $1,000,000 each accident an a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident/ $100,000 Property Damage 5.07 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 Design -Builder in accordance with this Article San the basis of non-conformance with the Contract Documents, the City shall so notify the Design - Builder in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Design -Builder shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Design -Builder does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Design -Builder in writing of such failure prior to the start of the Work, ❑r of such failure to maintain prior to any change in the required coverage. CITY OF FORT WORTH Page 31 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 ARTICLE 6: DESIGN -BUILDER'S RESPONSIBILITIES &01 SUPERVISION AND SUPERINTENDENCE A. Design -Builder shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Design -Builder shall be solely responsible for the means, methods, techniques, sequences, and procedures of design and construction. Design -Builder shall be responsible for the proper performance of the Work, including all work performed by its Subcontractors, and any acts and omissions in connection with such performance. B. At all times during the construction progress of the Work, Design- Builder shall assign a competent, English-speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Design -Builder's representative at the Site and shall have authority to act on behalf of Design -Builder. All communication given to or received from the Superintendent shall be binding on Design -Builder. C. Design -Builder shall notify the City 72 hours prior to moving on Site for the commencement of construction Work. 6.02 LABOR; WORKING HOURS A. Design -Builder shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Design -Builder 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. Design -Builder 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. 6.03 SERVICES, MATERIALS, AND EQUIPMENT A. Unless otherwise specified in the Contract Documents, Design -Builder 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, required testing, start-up, and completion of the Work. CITY OF FORT WORTH Page 32 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 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, Design -Builder shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment 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. Design -Builder shall collect written warranties as defined in the Contract Documents from manufacturers, as well as all equipment manuals, and deliver them to the City for the City's use. To the extent that products, equipment, systems or materials incorporated into the Work are covered by a warranty from the manufacturer of such products, equipment, systems or material in excess of one year, the City's remedy to correct the defective products, equipment, systems, or materials after the one-year period shall be exclusively against the warranty of the manufacturer. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of the Agreement, unless otherwise specified. 6.04 PROJECT SCHEDULE A. Design -Builder agrees to commence design and construction in a timely manner to achieve Substantial Completion of the Work within the specified Contract Time. Design -Builder shall provide all necessary design and construction labor, materials, tools, equipment, as well as all construction supervision, inspection, and temporary utilities as required to complete the Work pursuant to the Construction Documents and shall adhere to the Project Schedule established as provided below. 1. Design -Builder shall submit to City for acceptance proposed adjustments in the City's Master Project Schedule. Such adjustments will comply with any provisions of the Contract Documents applicable thereto. 2. Design -Builder shall develop, and submit to the City for approval, an initial and baseline schedule of the entire Project at the beginning of Preconstruction Phase Services to guide the design process. This schedule shall use critical path methodology and follow the City's guidance for project schedules but is not required to be cost or resource loaded. This schedule shall be maintained and updated by the last day of each month throughout the Preconstruction Phase Services and become the basis for the construction phase baseline schedule. 3. The Design -Builder's construction phase baseline schedule will be submitted to the City for approval and will comply with the following requirements: a. The schedule will be based on the defined scope of work, which will be presented utilizing the City's work breakdown structure and milestone standards, and will follow critical path methodology. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 33 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 b. The schedule will align with the City's requirements for project schedules and will be cost loaded to reflect Design -Builder's plan for execution. The overall schedule duration will align with the contractual requirements as defined in the Guaranteed Maximum Price Proposal. d. The Project number and name of the Project is required on each schedule and must match the City's Project data. e. Design -Builder will utilize the relevant sections from the City's templates, as applicable, as the basis for creating the schedule. Specifically, the Design -Builder's schedule will align with the layout of the construction section in the City's templates. f. The schedule will use the City's standard calendar, which is based on a 5-day workweek and accounts for the City's standard holidays. Variations between the City's calendar and the Design -Builder's calendar must be resolved prior to the City's acceptance of the baseline Project Schedule. g. Schedule activities will be broken down into sufficient detail to adequately describe the activity and manage Design -Builder and City requirements associated with the activity. No activities shall exceed 20 Working Days without prior approval of City. 4. Design -Builder shall submit to City a monthly Project Schedule update (referred to as a progress schedule) by the last day of each month for the duration of the Agreement in accordance with the following provisions: Schedule shall capture the following items to ensure proper status information is available for review: 1) baseline start date, 2) baseline finish date, 3) percent complete, 4) float, 5) activity logic (dependencies), 6) critical path, 7) activities added or deleted, 8) expected baseline finish date, 9) variance to the baseline finish date. b. Design -Builder shall also submit a written status report (referred to as a progress narrative) at the monthly progress meeting (if monthly meetings are held) or at the end of each month to accompany the progress schedule submittal. The content of the progress narrative should be concise and complete to comply with the City's standards for progress narratives and only include changes, delays and anticipated problems. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. Within 10 Days of execution of a Change Order, Design -Builder shall update the baseline Project Schedule to address approved time extensions specifically included in the Change Order. This baseline Project Schedule will become the basis for all following updated Project Schedules. 6.05 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS A. Business Equity Ordinance Compliance: It is a City requirement to ensure the full and equitable participation by Business Equity Firms in the procurement of goods and services CITY OF FORT WORTH Page 34 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD—104154 August 2024 pursuant to the Business Equity Ordinance. If the Contract Documents provide for a goal, Design -Builder is required to comply with the City's Business Equity Ordinance by doing the following: 1. Design -Builder shall provide complete and accurate information regarding actual work performed by Business Equity Firms and payment therefor. 2. Design -Builder's failure to make payments as provided by state law shall, in addition to any other remedies provided by law, authorize City to withhold future payments and/or reject future bids from the Design -Builder until compliance with the Business Equity Ordinance is attained. 3. Design -Builder will not make additions, deletions, or substitutions of accepted Business Equity Firms without written consent of the City. Any unjustified change or deletion shall be a material breach of the Agreement and may result in disciplinary action in accordance with the procedures outlined in the Business Equity Ordinance. 4. Design- Builder shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Design -Builder that will substantiate the actual work performed by Business Equity Firms. Material misrepresentation of any nature may be grounds for termination of the Agreement in accordance with Paragraph 14.11.A. Any such misrepresentation may subject Design -Builder to disciplinary action in accordance with the procedures outlined in the Business Equity Ordinance. B. Design -Builder shall be fully responsible to City for all acts and omissions of the Engineer, Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Design -Builder is responsible for Design -Builder's own acts and omissions. Nothing in the Contract Documents shall: 1. 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. 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. Design -Builder shall be solely responsible for scheduling and coordinating the Work of Engineer, Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Design -Builder. D. All Engineers), Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Design- Builder. E. All Work performed for Design -Builder by a Subcontractor or Supplier will be pursuant to an appropriate Agreement between Design -Builder and the Subcontractor or Supplier which specifically binds the 5ubcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.06 WAGE RATES CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 35 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 Duty to pay Prevailing Wage Rates. The Design -Builder 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. A. Penalty for Violation. Design -Builder or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 far 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 the Contract Documents. This penalty small be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023, B. Complaints of Violations and City Determination of Goon Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Design -Builder or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Design -Builder 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. C. 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 (Civil Practice and Remedies Code Chapter 171 et seq.) if the Design - Builder or Subcontractor and any affected worker does not resolve the issue by Agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and bindingon all parties and may be enforced in any court of competent jurisdiction. D. Records to he Maintained. The Design -Builder and each 5ubcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Design -Builder or 5ubcontractor in the construction of the Work provided for in this Agreement; 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 6.21, Right to Audit, shall pertain to this inspection. E. Posting of Wage Rates. The Design -Builder shall post prevailing wage rates in a conspicuous place at all times. F. Subcontractor Compliance. Design -Builder shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 36 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 G. Affidavit. ❑esign-Builder shall submit an affidavit stating that the Design -Builder has complied with the requirements of Chapter 2258, Texas Government Code, related to paying prevailing wages during construction of the Work upon completion of the Project. 6.07 PATENT FEES AND ROYALTIES A. Design -Builder shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents far use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Design - Builder from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, design -Builder 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. 6.08 PERMITS AND LICENSES A. Design -Builder obtained permits and licenses. Design -Builder shalt obtain and pay for all construction permits and licenses except those provided for below or in the Supplementary Conditions. City shall assist Design -Builder, when necessary, in obtaining such permits and licenses. For permits where Design -Builder is the holder of the permit, Design -Builder shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the Effective Date of the Agreement, except for permits provided by the City as specified in Paragraph 6.48.B. City shall pay all charges of utility owners for connections providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for a I I permits and licenses as provided for below or in the Supplementary Conditions. It will be the Design -Builder's responsibility to carry out the provisions of the permit. If the Design -Builder initiates changes to the Work beyond the scope of any City -acquired permit, the Design -Builder is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Design -Builder far any cost associated with these additional requirements of any City -acquired permit. The fallowing are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Franchise and Non -Franchise Utility permits and agreements CITY OF FORT WORTH Page 37 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 4. Texas Commission on Environmental Quality Permits 5. Railroad Company Permits and associated access requirements and agreements G. Right of entry for properties associated with the Project. 6.09 LAWS AND REGULATIONS A. Design -Builder 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 Design -Builder's compliance with any Laws or Regulations. B. If Design -Builder performs any Work knowing that it is contrary to Laws or Regulations, Design -Builder shall bear all claims, costs, losses, and damages (including but not limited t❑ all fees and charges of engineers, architects, attorneys, and other professionals and all court, arbitration, or other dispute resolution costs) arising out of or relating to such Work. C. Changes in Laws or Regulations not known at the time of the execution of the Agreement having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.10 TAXES A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the ❑esign-Builder may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his Supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Design- Builder in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information maybe obtained from: Comptroller of Public Accounts Sales Tax ❑ivision Capitol Station Austin, TX 78711; or http://www.wi ndow.state.tx.us/taxinfo/taxforms/93-forms.htmI 6.11 USE OF SITE AND OTHER AREAS A. Limitation on Use of Site and Other Areas: Design -Builder 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 other materials or equipment. Design- Builder shall assume full CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 38 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 responsibility for any damage to any such land ❑r area, or to the owner or occupant thereof, ❑r of any adjacent land or areas resulting from the performance of the Work. At any time when, in the judgment of the City, the Design -Builder 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 Design -Builder to finish the section on which operations are in progress before work is commenced on any additional area of the Site. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Design -Builder shall promptly attempt to resolve the Damage Claim. Pursuant to Paragraph 5.01, Design -Builder 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. Removal of Debris During Performance of the Work: During the progress of the Work Design -Builder 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. Site Maintenance Cleaning: 24-hours after written notice is given to the Design -Builder that the clean-up on the job Site is proceeding in a manner unsatisfactory to the City, and if the Design -Builder 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 Design -Builder in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Design -Builder. Final Site Cleaning: Prior to Final Acceptance of the Work, Design -Builder shall clean the Site and the Work and make it ready for utilization by City or any affected adjacent property owner. At the completion of the Work, Design -Builder 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. Loading Structures: Design -Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Design -Builder subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 RECORD DOCUMENTS A. Design -Builder shall maintain in a safe place at the Site or in a place designated by the Design -Builder 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 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. Design -Builder shall include accurate locations for buried and imbedded items. CITY OF FORT WORTH Page 39 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 6.13 SAFETY AND PROTECTION A. Design -Builder shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve a Subcontractor 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. Design -Builder 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 of the Work. B. Design -Builder 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. Design -Builder shall notify owners of adjacent property and owners 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. Design -Builder shall comply with the applicable requirements of City's safety programs, if any. D. Design -Builder shall inform City of the specific requirements of Design -Builder'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 6.13.A.2 or 6.13.A.3 caused, in whole or in part, by Design -Builder, any Subcontractor, Supplier, or any other individual or entity 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 Design -Builder. F. Design -Builder'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. 6.14 SAFETY REPRESENTATIVE Design -Builder shall inform City in writing of Design -Builder's designated safety representative at the Site. 6.15 HAZARD COMMUNICATION PROGRAMS Design -Builder 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. CITY OF FORT WORTH Page 40 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 6.16 EMERGENCIES AND/OR RECTIFICATION A. in emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Design -Builder is obligated to act to prevent threatened damage, injury, or loss. Design -Builder shall give City prompt written notice if Design -Builder believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Design - Builder in response to such an emergency, a Change Order may be issued. B. 5houId the Design -Builder fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Design -Builder written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Design -Builder to take remedial action to correct the condition. In the event the Design -Builder does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Design -Builder on the Project. 6.17 SUBMITTALS AND SAMPLES A. Construction Documents approved by the City shall include a listing of required Submittals and Samples to be provided by the Design- Builder for construction of the Work. Design - Builder shall submit required Submittals and Samples to City for review and acceptance. Each submittal or sample shall be uniquely identified. 1. Prepare, prioritize and transmit Submittals in the required number and manner specified in the Supplementary Conditions sufficiently in advance of performing the related work or other applicable activities. No extension of time will be authorized because of Design - Builder's failure to transmit Submittals sufficiently in advance of the Work. 2. When submitting Submittals or Samples, utilize a 9-character submittal numbering system wherein the first six characters are the specification section number followed by two characters for sequential numbering (01 — 99) of each submittal or sample under that specification section and a final character indicating the resubmission of the same submittal (A = 2nd submission, B = 3rd submission, etc.). 3. Design -Builder shall provide a certification on each submittal or sample transmitted documenting Design -Builder's review to determine and verify field measurements, field construction criteria, catalog numbers and similar data, and conformance with the Contract Documents. The certification shall include a statement including: a. The Design -Builder's Company name b. Signature of the submittal reviewer c. The following statement "By this Submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, CITY OF FORT WORTH Page 41 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 dimensions, catalog numbers and similar data and i have checked and coordinated each item with other applicable approved Submittals." 4. 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 Design -Builder proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.17.D. S. Notify the City in writing, at the time of submittal, of any deviations in the Submittals from the requirements of the Contract Documents. Submittals submitted as herein provided by Design -Builder and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 6. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Design -Builder from requirements shown ❑n the Drawings and Specifications. 7. For -Information -Only Submittals upon which the City is not expected to conduct review or take responsive action shall be so identified. B. Design -Builder shall submit required Samples to City for review and acceptance generally following the procedures identified under Paragraph 6.17.A and as required below. Each sample shall be uniquely identified. 1. Submit required number of Samples as specified in the Supplementary Conditions. 2. 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 6.17.D. C. Where a submittal or sample 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 Design -Builder. D. City's Review: 1. City will provide timely review of Submittals, with a target review timeline of five Business Days from confirmed receipt of a submittal. 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 scope requirements considered in the Contract Documents. 2. City will return Submittals and Samples to Design -Builder with one of four codes to document the City's review: "NO EXCEPTIONS TAKEN" is assigned when there are no notation or comments on the submittal. When a submittal or sample is returned under this code, the Design - Builder may release the items included in the submittal or sample for manufacture. b. "EXCEPTIONS NOTED" is assigned when a confirmation of the notations and comments IS NOT required by the Design -Builder. When a submittal or sample is returned under this code, the Design -Builder may release the items included in the CITY OF FORT WORTH Page 42 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 submittal or sample for manufacture provided that all notations and comments are incorporated into the final product and captured in the record documents. c. "EXCEPTIONS NOTED, RESUBMIT" is assigned when notations and comments are extensive enough to require a resubmittal of the package. When a submittal or sample is returned under this code, the Design -Builder may release the items inctuded in the submittal or sample for manufacture provided that all notations and comments are incorporated into the final product and a resubmittaI to address ail comments, omissions and non -conforming items that were noted is received by the City within 15 Calendar Days of the date of the City's transmittal requiring resubmittal. d. "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. When a submittal or sample is returned under this code, the Design -Builder must resubmit the entire package revised to bring the submittal into conformance with the Contract Documents prior to any release for manufacture. 3. All resubmittaIs will be handled in the same manner as initial Submittals. The City reserves the right to not review Submittals deemed partial or incomplete, at the City's discretion. 4. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures ❑f 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 ❑f the assembly in which the item functions. S. City's review and acceptance shall not relieve Design -Builder from responsibility for any variation from the requirements of the Contract Documents unless Design -Builder has complied with the requirements detailed herein 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 Design - Builder from responsibility for complying with the requirements of the Contract Documents. 6. If the Design -Builder considers any correction indicated on a submittal or sample to constitute a change in the Contract Documents, then written notice must be provided thereof to the City at least 7 Calendar Days prior to release for manufacture. 6.18 CONTINUING THE WORK Except as otherwise provided, Design -Builder shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Design -Builder may otherwise agree in writing. 6.19 ❑ESIGN-BUILDER'S GENERAL WARRANTY AND GUARANTEE CITY OF FORT WORTH Page 43 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 A. Design -Builder 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 Design -Builder's warranty and guarantee. B. Design -Builder's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Design -Builder, Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Design -Builder is responsible; or 2. normal wear and tear under normal usage. C. Design -Builder's obligation to perform and Complete the Work in accordance with the Contract Documents shaiI be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents nor act as a release of Design -Builder's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Substantial Completion or 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 7. any correction of Defective Work by City. D. The Design -Builder shall remedy any defects or damages in the Work that was not performed in accordance with the Contract Documents, and pay for any direct damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Substantial Completion of the Work and shall furnish a good and sufficient maintenance bond, complying with the requirements of Paragraph 5.02.C. The City will give notice of observed defects with reasonable promptness. 6.20 PROFESSIONAL DESIGN SERVICES A. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by Design -Builder's Engineer and design professionals. B. Pursuant to this Paragraph 6.20, City's review, if any, 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 Procurement Documents or Contract Documents. City's review and acceptance of Submittals (except design calculations and design Drawings) will be only for the purpose stated in Paragraph 6.17.D. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 44 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 6.21 RIG HT TO AU DIT A. The Design -Builder agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Design - Builder involving transactions relating to this Agreement, except that any lump sum amounts or agreed -upon rates shall not be subject to audit. Design -Builder agrees that the City shall have access during Regular Working Hours to all necessary Design -Builder 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 Design -Builder reasonable advance notice of intended audits. B. Design -Builder further agrees to include in all its subcontracts hereunder a provision to the effect that the Contractor or Subcontractors} agree that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Contractor or Subcontractor, involving transactions to the subcontract (except that any lump sum amounts or agreed -upon rates shall not be subject to audit), and further, that City shall have access during Regular Working Hours to all Contractor or 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 Contractor or Subcontractor reasonable advance notice of intended audits. C. Design -Builder and its Subcontractors agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Design -Builder or Subcontractor for the cost of the copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.22 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 Vl, Civil Rights Act of 1964 (the "Act") as amended: Design -Builder shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving federal assistance. C. Design -Builder, for itself, its personal representatives, assigns, Subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Design -Builder's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY DESIGN -BUILDER, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, DESIGN -BUILDER AGREES TO ASSUME CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DE51GN-BUILD PROJECTS Page 45 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. ARTICLE 7: OTHER WORK AT THE SITE 7.01 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; and such other contractors shall be responsible for procuring their own property, liability or workers compensation insurance, and Design -Builder shall be named as primary additional insured on such policies (except workers compensation), and such policies shall include a waiver of subrogation in favor of Design -Builder. If such other work is not noted in the Procurement Documents or Contract Documents, then written notice thereof will be given to Design -Builder prior to starting any such other work. B. Design -Builder 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. Design -Builder 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. Design - Builder shall not endanger any work of others by cutting, excavating, or atherwise altering such work; provided, however, that Design -Builder 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 Design -Builder's Work depends upon work performed by others under this Article 7, Design- Builder 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 Design - Builder's Work. Design -Builder's failure to so report will constitute an acceptance of such other work as fit and proper for integration with ❑esign-BuiIder's Work except far latent defects in the work provided by others. 7.02 COORDINATION A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. 4. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. CITY OF FORT WORTH Page 46 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 ARTICLE 8: CITY'S RESPONSIBILITIES 8.01 COMMUNICATIONS TO DESIGN -BUILDER City shall issue all communications to Design -Builder. 8.02 FURNISH ❑ATA City shall timely furnish the data required under the Contract Documents. 8.03 PAY WHEN DUE City shall make payments to Design -Builder 1n accordance with Article 14. 8.04 CHANGE ORDERS City shall execute Change Orders in accordance with Paragraph 10.03. 8.05 INSPECTIONS, TESTS, AND APPROVALS City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. 8.06 LIMITATIONS ON CITY'S RESPONSIBILITIES A. The City shall not supervise, direct, or have control ❑r authority ❑ver, nor be responsible for, Design -Builder's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Design -Builder to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Design -Builder's failure to perform the Work in accordance with the Contract Documents. B. City will notify the ❑esign-Builder of any applicable City safety plans pursuant to Paragraph 6.13 and Paragraph 6.14. 8.07 UNDISCLOSE❑ HAZARDOUS ENVIRONMENTAL CONDITION City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. ARTICLE 9: CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 CITY'S PROJECT REPRESENTATIVE City will provide one or more Project Representative(s) for the duration of the Project. Except as otherwise provided in these General Conditions, City shall issue all communications to Design- Buiider through City's Project Representative. City's Project Representative shall be responsible for providing City -supplied information and approvals in a timely manner to permit ❑esign- Builder to fulfill its obligations under the Contract Documents. City's Project Representative shall also provide ❑esign-Builder with prompt notice, if it observes any failure on the part of CITY OF FORT WORTH Page 47 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 Design -Builder to fulfill its contractual obligations, including any errors, omissions or defects in the performance of the Work. The Owner's Advisor to this contract may assist the City's Project Representative in carrying out the duties defined herein. 9.02 VISITS TO SITE 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 on the various aspects of the 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 including those set forth in Paragraph 8.05. 9.03 AUTHORIZED VARIATIONS IN WORK City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which d❑ not involve an adjustment in the G M P ❑r 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 and Design -Builder, who shall perform the Work involved promptly. 9.04 REJECTING DEFECTIVE WORK City will have authority to reject Work which City's Project Representative, in conjunction with input from City inspectors, determines will not produce a completed Project conforming to the Contract Documents or 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 13, whether or not the Work is fabricated, installed, or completed. In the event rejected Work is subsequently found to be in general conformance with the Contract Documents, Design -Builder shall be entitled to an adjustment in the Contract Price and/or Contract Time. ARTICLE 10: CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 AUTHORIZED CHANGES IN THE WORK A. Without invalidating the Agreement and without notice to any surety, City may, at anytime or from time to time, order Extra Work. Upon notice of such Extra Work, Design- Builder shall promptly proceed with the Work involved which will be performed under the CITY OF FORT WORTH Page 48 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a 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, a Field Order may be issued by the City. 10.02 UNAUTHORIZED CHANGES IN THE WORK Design -Builder shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16. 10.03 EXECUTION OF CHANGE ORDERS A. City and Design -Builder shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.0LA, (ii) required because of acceptance of Defective Work under Paragraph 13.08 or City's correction of Defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 EXTRA WORK A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Design -Builder shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Design -Builder shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare far permanent record a corrected set of Plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Design -Builder incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 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 Design -Builder's CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 49 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 responsibility. The amount of each applicable bond will be adjusted by the Design -Builder to reflect the effect of any such change. 10.06 CONTRACT CLAIMS PROCESS A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Design -Builder of any rights or remedies it may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: Written notice stating the general nature of each Contract Claim shall be delivered by the Design -Builder to City no later than 15 days after Design -Builder becomes aware of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. Notice of the amount or extent of the Contract Claim, with supporting data, shall be delivered to the City on or before 4S days from the date Design -Builder becomes aware the event giving rise thereto (unless the City allows additional time for Design -Builder to submit additional or more accurate data in support of such Contract Claim). 1. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 2. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.03. 3. Each Contract Claim shall be accompanied by Design -Builder's written statement that the adjustment claimed is the entire adjustment to which the Design -Builder believes it is entitled as a result of said event. C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Design -Builder, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Design -Builder that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Design -Builder invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE II: COST OF WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 COST OF WORK CITY OF FORT WORTH Page 50 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 A. Costs Included: The term Cost of Work means the sum of all costs considered for Construction Phase Services, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Design -Builder in the proper performance of the Work. When the value of any Work is covered by a Change Order, the costs to be reimbursed to Design -Builder will be only those additional or incremental costs required because of the change in the Work. Such Cost of Work shall not include any of the costs itemized in Paragraph 11,01.B, but shall include, but not be limited to, the following items: 1. Labor costs for employees in the direct employ of Design -Builder in the performance of the Work under schedules of job classifications and rates agreed upon by City and Design -Builder. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Labor costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Labor costs shall include salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall also be included to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Design -Builder. All trade discounts, rebates, and refunds or returns from sale of surplus materials and equipment shall accrue to City and Design -Builder shall make provisions so that they may be obtained. Costs of materials described in this paragraph in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be provided to the City at the completion of the Work or, at the City's option, shall be sold by the Design -Builder or returned to the Supplier; amounts realized, if any, from such sales or returns shall be credited to the City as a deduction from the Cost of Work. 3. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Design -Builder or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 4. Payments made by Design -Builder to its Contractor or Subcontractors for Work performed by Contractor or Subcontractors, if any subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the Subcontractor's Cost of Work and fee shall be determined by the Design -Builder. a. Full rental cost far rented, leased, and/or owned equipment shall not exceed the rates listed in the Rental Rate Blue Book published by Equipment Watch, a unit of Penton Media, Inc. ("Blue Book"), as adjusted to the regional area of the Project. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 51 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 The most recent published edition in effect at the commencement of the actual equipment use shall be used. b. Rates shall apply to equipment in good working condition. Equipment not in good condition, or larger than required, may be rejected by City's Project Representative or accepted at reduced rates. c. Equipment in Use: Actual equipment use time documented by the City's Project Representative shall be the basis that the equipment was on and utilized at the Project site. In addition to the leasing rate above, equipment operational costs shall be paid at the estimated operating cost, payment category (and the table below), and associated rate set forth in the Blue Book if not already included in the lease rate. The hours of operation shall be based upon actual equipment usage to the nearest full hour, as recorded by the City's Project Representative. Blue Book Payment Actual Usage Category Less than 8 hours Hourly Rate 8 or more hours but less than Daily Rate 7 days 7 or more days but less than Meekly Rate 30 days 30 days or more Monthly Rate d. Equipment when idle (Standby): Idle or standby equipment is equipment on Site or in transit to and from the Work Site and necessary to perform the Work under the modification but not in actual use. Idle equipment time, as documented by the City's Project Representative, shall be paid at the leasing rate determined in Paragraph 11.01.A.4.c., excluding operational costs. e. Where a breakdown occurs on any piece of equipment, payment shall cease for that equipment and any other equipment idled by the breakdown. If any part of the Work is shut down by the City, standby time will be paid during non -operating work hours if diversion of equipment to other Work is not practicable. Project Representative reserves the right to cease standby time payment when an extended shutdown is anticipated. 5. Costs of consultants {including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants} employed by Design -Builder for services specifically related to the Work. 6. Supplemental costs including the following: CITY OF FORT WORTH Page 52 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 The proportion of necessary transportation, travel, and subsistence expenses of Design -Builder's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, dismantling and removal of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Design -Builder. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Design -Builder is liable not covered under Paragraph 6.10, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Design -Builder, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to any of the Work that has been completed and accepted by the City, not compensated by insurance or otherwise, sustained by Design -Builder in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Design -Builder, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Design -Builder's fee. If, however, any such loss or damage to the Work that has been accepted by City requires reconstruction and ❑esign- Builder is placed in charge thereof, Design- Builder shall be paid far services, a fee proportionate to that stated in Paragraph 12.01. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as long distance telephone calls, telephone, facsimile transmissions and communication services at the Site, reproduction costs, progress photography costs, costs of general office and similar supplies, postage, express delivery and courier services, and similar petty cash items in connection with the Work. h. The costs of premiums for all bonds Design -Builder is required by the Contract Documents to purchase and maintain; the cost of all Subcontractor bonds and/or an agreed -upon rate for Subcontractor default insurance; and insurance. i. Costs of removal of debris from the Site. j. That portion of the reasonable travel and subsistence expenses of the Design - Builder's personnel incurred while traveling in discharge of duties connected with the Work in accordance with the Design -Builder's written policies for personnel at or below the level of Project Superintendent. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 53 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 k. Company owned trucks, trailers and equipment while directly engaged in performance of Work for this Project, excluding the purchase of new vehicles by Design -Builder or Subcontractors for this Project. I. Deductibles and self -insured retention amounts associated with insurance. m. Fees and assessments far the building permit and for other permits, licenses and inspections for which the Design -Builder is required by the Contract Documents to pay. n. Fees of testing laboratories for tests required by the Contract Documents, except those related to nonconforming Work other than that for which payment is permitted by Paragraph t below. o. Royalties and license fees paid far the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent or other intellectual property rights arising from such requirement by the Contract Documents and payments made in accordance with legal judgments or settlements against the Design -Builder resulting from such suits or claims, such payments made only with the City's consent; provided, however, that such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Contractor's Fee or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not excluded by provisions of the Contract Documents. p. Legal and mediation costs, other than those arising from disputes between the City and Design -Builder or reasonably incurred by the Design -Builder in the performance of the Work, except where covered under any indemnity by Design -Builder. q. Reasonable expenses incurred in accordance with the Design -Builder's standard personnel policy for relocation and temporary living allowances of personnel required for the Work, in case it is necessary to relocate such personnel, for personnel below the level of Project Superintendent. r. Reasonable costs incurred by the Design -Builder in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons or property. s. Costs incurred by the Design -Builder in repairing or correcting damaged or nonconforming Work performed by the Design -Builder, Contractor or its Subcontractors or Suppliers, provided that such damaged or nonconforming Work was not caused by the negligence of the Design -Builder or the Design -Builder's employees, including supervisory, administrative or managerial personnel, to perform in accordance with the Contract Documents or by the negligence of the Design -Builder's personnel to supervise adequately the Work of the Subcontractors or Suppliers, and only to the extent that the cost of repair or correction is not recoverable by the Design -Builder from insurance, its Subcontractors or its Suppliers. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 54 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 t. Other costs incurred by the ❑esign-Builder in performance of the Work if and to the extent approved in advance in writing by the City. u. Rental charges for temporary facilities, including Site office trailer, office equipment, temporary facilities, temporary utilities, dumpsters and toilets. v. Mobilization and demobilization cost associated with Project. w. Project specific, on Site, safety inspection and related safety supplies and costs. x. Project specific, on Site, quality control inspection and quality assurance and control costs. B. Costs Excluded. The term Cost of Work shall not include any of the following items: Payroll costs and other compensation of Design -Builder's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Design -Builder, whether at the Site or in Design- Builder's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.5, all of which are to be considered administrative costs covered by the Design -Builder's fee. 1. Expenses of Design -Builder's principal and branch offices other than Design -Builder's office at the Site. 2. Any part of Design -Builder's capital expenses, including interest on Design -Builder's capital employed for the Work and charges against Design -Builder for delinquent payments. 3. Costs due primarily to the negligence of Design -Builder, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 4. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. S. The Design -Builder's capital expenses, including interest on the Design -Builder's capital employed for the Work. 6. Rental costs of machinery and equipment, except as specifically provided in Paragraph 11.01.A.3. 7. Liquidated Damages assessed the Design -Builder by the City. 8. Data processing and software costs related to the Work. 9. Company owned, leased or rented trucks for personal use of those persons listed in Paragraph 11.01.8.1 above. 10. That portion of the reasonable travel and subsistence expenses of the Design -Builder's personnel incurred while traveling in discharge of duties connected with the Work in CITY OF FORT WORTH Page 55 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 accordance with the Contractor's written policies for personnel identified in Paragraph 11.01.8.1 above. C. Design -Builder's Fee: Design -Builder's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of Work, Design -Builder's fee shall be determined as set forth in Paragraph 12.01. D. Documentation: Whenever the Cost of Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.8, Design -Builder will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. E. For all subcontracts, the Design -Builder shall ensure compliance with Texas law. Discounts, Rebates and Refunds: Cash discounts obtained on payments made by the Design - Builder shall accrue to the City if (1) before making the payment, the Design -Builder included them in an Application for Payment and received payment therefore from the City or (2) the City has deposited funds with the Design -Builder with which to make payments; otherwise, Gash discounts shall accrue to the Design -Builder. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the City, and the Design -Builder shall make provisions so that they can be secured. Amounts which accrue to the City in accordance with the provisions of this paragraph shall be credited to the City as a deduction from the Cost of the Work. G. Accounting Records: The Design -Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under the Contract Documents; the accounting and control systems shall be satisfactory to the City. 11.02 CONTINGENCY A. Specified Contingency Amounts: Design -Builder may include in the GMP Contingency amounts as may be acceptable to City. Specific Contingency amounts will be negotiated and memorialized in the Agreement. B. Prior to €inaI payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of work covered by Contingency funds, if provided for in the Agreement, and the Contract Price shall be correspondingly adjusted. 11.03 ALLOWANCE A. Specified Allowance Amounts: City may include in the GMP Allowance amounts as maybe acceptable to City to allow the City to manage risks associated with the Project or project delivery. Specific Allowance amounts will be memorialized in the Agreement. B. An appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by Allowance funds and the Contract Price shall be correspondingly adjusted. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 56 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 ARTICLE 12: DESIGN -BUILDER'S FEE, CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME, DELAYS 12.01 DESIGN -BUILDER'S FEE The Design -Builder's Fee shall be as negotiated and memorialized in the Agreement. 12.02 CHANGE OF GMP A. The GMP may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved; or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price plus Design -Builder's Fee, and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.02.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus Design -Builder's Fee. 4. the amount of credit to be allowed by Design -Builder to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a corresponding deduction in Design -Builder's Fee. 12.03 CHANGE OF CONTRACT TIME A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for a claimed delay unless the Extra Work or claimed delay is shown to be on the critical path of the Project Schedule or Design -Builder can show by critical path method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.04 DELAYS A. Where Design -Builder is reasonably delayed in the performance or completion of any part of the Work due to delay beyond the control of Design -Builder, and that affected Work is within the Contract Time, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Design -Builder shall include, but not be limited to, acts or neglect by City or its consultants, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 57 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 B. If Design -Builder is delayed, City shall not be liable to Design -Builder 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 Design -Builder on or in connection with any other project or anticipated project of Design -Builder. C. Design -Builder shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Design -Builder. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Design -Builder. D. The Design -Builder shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Design -Builder is caused by the acts ❑r neglect of the City or its consultants, or utility owners or separate contractors, including without limitation the failure of the City to provide information or material, if any, which is to be furnished by the City. ARTICLE 13: TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 NOTICE OF DEFECTS Notice of all Defective Work of which City has actual knowledge will be given to Design -Builder. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 ACCESS TO WORK City, independent testing laboratories, and governmental agencies with jurisdictional interests shall have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Design -Builder shall provide them proper and safe conditions far such access and advise them of Design -Builder's safety procedures and programs so that they may comply therewith as applicable. 13.03 TESTS AND INSPECTIONS A. Design -Builder shall give City a minimum of 1 Business Day 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 require any of the Work (or part thereof) to be inspected, tested, or approved by City, City shall assume responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and receive 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. Design -Builder shall be responsible for arranging and obtaining and shall pay all costs in connection with any additional 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 Design -Builder's CITY OF FORT WORTH Page 58 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by firms acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests for any part of the Work, as determined solely by City. City will coordinate such testing with Contractor. 1. Should any testing under this Paragraph 13.03 D result in a "fail", "did not pass" or other similar negative result, the Design -Builder shall be responsible for paying for any and all retests. Design -Builder's cancellation without cause of City initiated testing shall be deemed a negative result and require a retest. 2. Any amounts owed for any retest under this Paragraph 13.03 D shall be paid directly to the Testing Lab by Design -Builder. City will forward all invoices for retests to Design - Builder. 3. If Design -Builder fails to pay the Testing Lab, City will not issue Final Payment 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 Design -Builder without written concurrence of City, Design -Builder shall, upon request by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Design -Builder's expense. G. Design -Builder shall have the right to make a Contract Claim regarding any retest or invoice issued under Paragraph 13.03.D or for delay caused by City's failure to provide an inspection or test when properly notified under this Paragraph 13.03. 13.04 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 Design -Builder's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Design -Builder, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Design -Builder shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept Defective Work in accordance with Paragraph 13.08 in which case Design -Builder shall still be responsible for all costs associated with exposing, observing, and testing the Defective Work. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 59 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 2. If the uncovered Work is not found to be defective, Design -Builder shall be compensated for costs and/or time directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 CITY MAY STOP THE WORK If the Work is defective, or Design -Builder 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 Design -Builder 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 Design -Builder, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 CORRECTION OR REMOVAL OF DEFECTIVE WORK A. Promptly after receipt of written notice, Design -Builder 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. Design -Builder 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 13.06 or Paragraph 13.07, Design -Builder shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 CORRECTION PERIOD A. If within two (2) years after the date of Substantial Completion, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Design - Builder's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.09.A is found to be defective, Design -Builder 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 Design -Builder 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 CITY OF FORT WORTH Page 60 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 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 Design -Builder. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. ❑. Where Defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of six months after the end of the initial correction period. City shall provide 30 days written notice to Design -Builder should such additional warranty coverage be required. Design -Builder may dispute this requirement by filing a Contract Claim. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of Defective Work, City prefers to accept it, City may do so. Design -Builder shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such Defective Work and for the diminished value of the Work to the extent not otherwise paid by Design -Builder. If any such acceptance occurs prior to Final Acceptance, 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, reflecting the diminished value of Work so accepted. 13.09 CITY MAY CORRECT DEFECTIVE WORK A. If Design -Builder 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 13.06.A, or if Design -Builder fails to perform the Work in accordance with the Contract Documents, or if Design -Builder fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Design -Builder, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Design -Builder from all or part of the Site, take possession of all or part of the Work and suspend Design -Builder'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 Design -Builder but which are stored elsewhere. Design -Builder shall allow City, City's CITY OF FORT WORTH Page 61 of 72 STANDARD GENERAL CONDITIONS FOR DE51GN-BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 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 13.09. 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 Paragraph13.09 will be charged against Design -Builder. and a Change ❑rder 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. Design -Builder 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 13.09. ARTICLE 14: PAYMENTS TO DESIGN -BUILDER AND COMPLETION 14.01 SCHEDULE OF VALUES The Schedule of Values will serve as the basis for construction phase progress payments and will be incorporated into an Application for Payment acceptable to City. Progress payments for Unit Price Work will be based on the number of units completed. Progress payments for Preconstruction Phase Services work will be paid based on monthly estimates of the percentage of the Preconstruction Phase Services provided following the NTP for Preconstruction Phase Services. Retainage shall not be held on Preconstruction Phase Services. 14.02 CONSTRUCTION PROGRESS PAYMENTS A. Applications for Payments: 1. Design -Builder is responsible for providing all information as required to become a vendor of the City. 2. Design -Builder shall submit to City for review an Application for Payment filled out and signed by Design -Builder covering the Work completed as of the date of the Application far Payment and accompanied by such supporting documentation as is required by the Contract Documents. The Design -Builder's Fee for overhead and profit shall be payable on a monthly basis, prorated as a percentage of the contract time expended. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stared at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Design -Builder, o n b e h a I f o f City, has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, it and each subsequent Application for Payment shaII include an affidavit from Design -Builder stating that previous progress CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 62 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 payments received ❑n account of the Work have been applied on account to discharge Design -Builder's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Retainage shall not be held on Design Services provided during the construction phase. B. Review of Applications for Payment: 1. City will, within 30 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application for Payment to Design - Builder indicating reasons for refusing payment. In the latter case, Design -Builder may make the necessary corrections and resubmit the Application for Payment. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications far Work performed, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Design -Builder to be paid additionally by City or entitle City to withhold payment to Design -Builder, or c. Design -Builder has complied with Laws and Regulations applicable to Design - Builder's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: the Work is defective, or the completed Work has been damaged by the Design - Builder or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct Defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH Page 63 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 C. Payment: 1. Design -Builder will be paid pursuant to the requirements of this Article 14 and payment of any undisputed portion of an Application for Payment will become due within 30 days of the receipt of the Application for Payment. 2. Upon failure by City to so pay, Design -Builder may suspend performance of Work [whichever phase], or in the event any Application for Payment remains unpaid for ninety days on the basis of non-performance on the part of the City, to terminate this Agreement. Interest at the rate of two percent per annum shall be payable on any amounts which are not in dispute but are unpaid by City after sixty days after receipt of an Application for Payment. When such progress payments are restored, unless terminated as provided for herein, Design -Builder shall resume providing all agreed - upon Services D. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: Liens have been filed in connection with the Work, except where Design -Builder has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.d. 2. If City refuses to make payment of the amount requested, City will give Design -Builder written notice stating the reasons for such action and pay Design -Builder any amount remaining after deduction of the amount so withheld. City shall pay Design -Builder the amount so withheld, or any adjustment thereto agreed to by City and Design -Builder, when Design -Builder remedies the reasons for such action. 14.03 DESIGN -BUILDER'S WARRANTY OF TITLE Des ign-Builder warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. 14.04 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 Design -Builder's performance of the remainder of the Work. City at any time may notify Design -Builder in writing of City's intent to use or occupy any such part of the Work which City determines, and Design -Builder agrees, is suitable for City's use. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DE51GN-BUILD PROJECTS Page 64 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 B. City and Design -Builder may jointly determine certain completed Work to be ready for its intended use, subject to the following conditions: 1. Design -Builder at any time may notify City in writing that Design -Builder considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification, City and Design -Builder 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 Design - Builder in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 FINAL INSPECTION A. Upon written notice from Design -Builder that the entire Work is complete in accordance with the Contract Documents City will: 1. within 10 days schedule a Final Inspection with Design -Builder; and 2. no Iate r than 10 days thereafter, notify Contractor in writing of all particuiars which the Final Inspection reveals that the Work is incomplete or defective. Design -Builder shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Design -Builder between the date the written notice to the City is issued and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Design -Builder in writing of the reasons and Contract Time will resume. 14.06 FINAL ACCEPTANCE Upon completion by Design -Builder, to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Design -Builder a letter of Final Acceptance. 14.07 FINAL PAYMENT A. Application for Final Payment: 1. Upon receipt of a letter of Final Acceptance, Design -Builder may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied by: a. all documentation called far in the Contract Documents (except as previously delivered), including but not limited to the evidence of insurance required by Paragraph 5.02; b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and CITY OF FORT WORTH Page 65 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of any Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Final Payment and accompanying documentation, and: a. after subtracting previous payments made; and b. after subtracting any sum(s) to which the City is entitled, including but not limited to Liquidated Damages; and c. after all Damage Claims have been resolved: 1). directly by the Design -Builder; or 2). Design -Builder provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution; then d. Final Payment will become due and payable. 2. The making of the final payment by the City shall not relieve the Design -Builder of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 FINAL COMPLETION DELAYED AND PARTIAL RETAINAGE RELEASE A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Design -Builder's Application for Final Payment, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the Retainage stipulated in Paragraph 14.02.A.5., and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Design -Builder to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. The City may release a portion of the amount retained pursuant to Paragraph 14.02.A.5. provided that all required Work is completed as determined by the City. Before the release, all Submittals and final quantities must be completed and accepted by the City. An amount sufficient to ensure Final Completion will be retained. 14.09 WAIVER OF CLAIMS The acceptance of final payment by Design -Builder will constitute a release of the City from all claims or liabilities under the Agreement for anything done or furnishes# or relating to the Work under the Contract Documents or any act or neglect of City related to or connected with the Agreement. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 66 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 ARTICLE IS: SUSPENSION OF WORK AND TERMINATION 15.01 CITY MAY SUSPEND WORK A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Design -Builder and which may fix the date on which Work will be resumed. Design -Builder 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 make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Design -Builder 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 Design -Builder, and should it be determined by mutual consent of the Design -Builder and City that a solution to allow construction to proceed is not available within a reasonable period of time, Design -Builder 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 Design - Builder 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 Design -Builder shall take every precaution to prevent damage or deterioration of the work performed; Design -Builder shall provide suitable drainage about the work, and erect temporary structures where necessary. ❑. Design -Builder may be reimbursed for the cost of moving its equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost of Work to the Design -Builder of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. 15.02 CITY MAY TERMINATE FOR CAUSE A. The occurrence of anyone or more of the following events, byway of example but not of limitation, may justify termination for cause: 1. Design -Builder's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule, as adjusted from time to time; 2. Design Builder's failure to adhere to the City's Business Diversity Enterprise Ordinance; 3. Design Builder's disregard of Laws or Regulations of any public body havingjurisdiction; 4. Design Builder's repeated disregard of the authority of City; 5. Design Builder's violation in any substantial way of any provisions of the Contract Documents; 6. Design Builder's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; CITY OF FORT WORTH Page 67 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 7. Substantial indication that the Design -Builder has made an unauthorized assignment of the Agreement or any funds due therefrom for the benefit of any creditor or for any other purpose; 8. Substantial evidence that the Design -Builder has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 9. Design -Builder commences legal action in a court of competent jurisdiction against the City. B. if one or more of the events identified in Paragraph 14.11A. occur, City will provide written notice to Design -Builder and Surety to arrange a conference with Design -Builder and Surety to address Design -Builder's failure to perform the Work. The Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, Design -Builder, and Surety do not agree to allow the Design -Builder to proceed to perform under the Agreement, the City may, to the extent permitted by Laws and Regulations, declare Design -Builder in default and formally terminate the Design -Builder's right to complete the Agreement. Design -Builder's default shall not be declared earlier than 20 days after the Design -Builder and Surety have received notice of conference to address Design -Builder's failure to perform the Work. 2. If Design -Builder's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 Calendar Days after the date of written notice demanding Surety's performance of its obligations, then City, without process or action at law, may take over any portion of the Work. 3. If City completes the Work, City may exclude Design -Builder and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Design -Builder or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 4. Whether City or Surety completes the Work, Design -Builder shall not be entitled to receive any further payment for Work satisfactorily completed prior to Termination until the Work is completely finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from City or Surety completing the Work, such excess will be paid to Design -Builder, with Surety approval, up to the amount withheld prior to Termination. Any excess shall be retained by City unless any completion or take over agreement between City and Surety require said money to be paid to Surety. If City completes the Work due to Surety's failure to so perform, and any claims, costs, losses and damages exceed the unpaid balance, Design -Builder or Surety shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 5. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in anyway liable or accountable to Design -Builder or Surety for the CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 68 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 method by which the completion of the said Work, or any portion thereof, may be accomplished ❑r for the price paid therefor. 6. City, notwithstanding the method used in completing the Agreement, shall not forfeit the right to recover damages from Design -Builder or Surety for Design -Builder's failure to timely complete the Work. Design -Builder shall not be entitled to any claim on account of the method used by City in completing the Work. 7. Maintenance of the Work shall continue to be Design -Builder and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. 8. Termination of Design -Builder for Cause shall nullify any financial incentives which may be contained in the Agreement. C. Notwithstanding Paragraphs 14.11.6, Design -Builder's services will not be terminated if Design -Builder begins, within seven days of receipt of notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within not more than 30 days of receipt of said notice. D. Where Design -Builder's services have been so terminated by City, the termination will not affect any rights or remedies of City against Design -Builder then existing or which may thereafter accrue. Any retention or payment of moneys due Design -Builder by City will not release Design -Builder from liability. E. To the extent that Design -Builder has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond, if any, shall not supersede the provisions of this Article. 15.03 CITY MAY TERMINATE FOR CONVENIENCE A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Agreement. Any termination shall be effected by mailing a notice of the termination to the Design -Builder specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of Termination for Convenience, and except as otherwise directed by the City, the Design -Builder shall: 1. Stop work under the Agreement on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Agreement as is not terminated; CITY OF FORT WORTH Page 69 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: the fabricated or un-fabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed Plans, drawings, information and other property which, if the Agreement had been completed, would have been required to be furnished to the City; 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as maybe necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Design -Builder and in which the owner has or may acquire an interest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Design -Builder may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subiect to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Design -Builder shall submit a termination claim to the City in the form and with the certification acceptable to the City. Unless a written extension request is made within such 60 day period by the Design -Builder, and granted by the City, any and all such claims shall be conclusively deemed waived. F. in such case, Design -Builder shall be paid, without duplication of any items, for: 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination; 2. direct expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work; 3. reasonable expenses directly attributable to termination; and 4. overhead and profit in the form of a prorated amount of the Design -Builder's Fee, with such proportion being "the cost of the work completed to date" divided by "GMP minus the Design -Builder's Fee". G. In the event of the failure of the Design -Builder and City to agree upon the whole amount to be paid to the Design -Builder by reason of the termination of the Work under Paragraph CITY OF FORT WORTH Page 70 of 72 STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS WAGLEY ROBERTSON ROAD — 104154 August 2024 14.12, the City shall determine, on the basis of information available to it, the amount, if any, due to the Design -Builder by reason of the termination and shall pay to the Design - Builder the amounts determined. Design -Builder shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 CITY MAY TERMINATE FOR CONVENIENCE FOR FAILURE TO AGREE ON GUARANTEED MAXIMUM PRICE FOR THE WORK A. A failure by the City and Design -Builder to agree on a Guaranteed Maximum Price Proposal for the Work may result in a Termination for Convenience of the Agreement. In general, the requirements of Paragraph 14.12 will apply. At the City's sole option, the City may elect to finish Design Services with the Engineer to provide a set of Construction Documents. If the City chooses to do so, City will include this requirement in the notice of Termination for Convenience. Upon mutual agreement of the time and budget required to finalize the Design Services, Design -Builder will manage completion of the Project design to City's satisfaction, and City will retain all rights and remedies provided in the Contract Documents. ARTICLE 16: DISPUTE RESOLUTION 16.01 METHODS AND PROCEDURES A. Either City or Design -Builder may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Agreement. Timely submission of the request shall stay the effect of Paragraph 10.06. B. City and Design- Builder shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.0 shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Design -Builder: 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of co m pete nt j u risd ictio n. ARTICLE 17: MISCELLANEOUS 17.01 GfVING NOTICE A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 71 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 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 electronically with a "read receipt verification" requested; or 3. In the case of any notice of Claim or Termination, delivered or sent by registered or certified mail, postage prepaid, or overnight delivery 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. 17.02 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. 17.03 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. 17.04 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 Design -Builder. 17.05 HEADINGS Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 72 of 72 WAGLEY ROBERTSON ROAD — 104154 August 2024 SUPPLEMENTARY CONDITIONS Page 1 of 4 SUPPLEMENTARY CONDITIONS TO STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Supplementary Conditions These Supplementary Conditions modify and supplement the Standard General Conditions for Design - Build Projects, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-2.44 The Design -Builder shall furnish the City three full-size sets and three half-size sets of the Construction Documents and other supporting information necessary for inspection of the Work and an editable electronic file of the Construction Documents and other supporting information to support preparation of the record documents. SC-4.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final casements descriptions, Design -Builder shall compare them to the lines shown on the Contract Drawings. City and Design -Builder shall establish mutually agreeable limits of easements, right of way, and schedule of acquisition during negotiation of GMP. SC-4.01A.1., "Availability of Lands" The following is a list of known outstanding right -of x ay, and/or easements to be acquired, as of June 12, 2024: PARCEL OWNER TARGET DATE NUMBER OF POSSESSION 3 Retreat at Fossil Creek 2/1/2025 4 Retreat at Fossil Creek 2J1/2025 13 Watersbend HOA 2/1/2025 14 Watersbend HOA 2j1/2025 The Design -Builder understands and agrees that the dates listed above are estimates only and are not guaranteed. CITY OF FORT WORTH Wagfey Robertson Rood DRAFT STANDARD SUPPLEMENTARY CONDITIONS FOR DESIGN -BUILD CONTRACTS 104154 Revised October 2023 SUPPLEMENTARY CONDITIONS Page 2 of 4 If Design -Builder considers the final easements provided to differ materially from the representations on the Contract Drawings, Design -Builder shall within five (5) Business Days of becoming aware and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC-4.01A.2, "Availability of Lands" Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of June 12, 2024: EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT City of Fort Worth Existing 36" Water Line, Along Wagley Robertson Construction Phase Road East .......................................... City of Fort Worth ....................................................................................................—_____ Existing 18" Sanitary Sewer, Crossing Wagley Construction Phase Robertson Road .............................................................- City of Fort Worth ................................... ...--.-.- .......................... _ Existing 18" Sanitary Sewer, Crossing Wagicy Construction Phase Robertson Road City of Fort Worth Existing Culvert at Big Fossil Creek Construction Phase City of Fort Worth ....................................... Existing Culvert at Tributary to 13ig Fossil Creek ['onstruction Phase _.................................... Enlink _..... �._...................................................... 16" Gas, Along Wagley Robertson Road West Pre -Construction Phase Enlink ...... 4" Gas, Along Wagley Robertson Road Wcst Pre -Construction Phase Barnett Gathering _ I I" Gas, Crossing Wagley Robertson Road Pre -Construction Phase _.. . ....................................................._..._. Barnett Gathering __._..............................__.Y._.-.-._,_......._...................................- 24" Gas, Crossing Wagley Robertson Road Pre -Construction Phase . . ........................................................I............._. Oncor _._.............._.._.............................................................._.._............... Overhead Electric, Along Wagley Robertson Road East . Pre -Construction Phase -...................................................-.-.__ Oncor _................__............................................................... .... Overhead Electric, Along Wagley Robertson Road West ...... Pre -Construction Phase The Design -Builder understands and agrees that the dates listed above are estimates only and are not guaranteed. SC-4.02A. and 4.02B., "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: l . Topographic/Boundary Survey, dated 12/28/2023, Agn format, prepared by Salcedo Group, Inc., a subconsultant of Freese and Nichols, Inc., the owner's representative for the City, providing additional information regarding the surface conditions. 2. Geotechnical and Pavement Design Report — Wagley Robertson Road from Coneflower Trail to Quicksilver Court, Fort Worth, Texas, dated May 2024, prepared by Freese and Nichols, Inc. for providing additional information on the subsurface soil conditions. SC4.06A., "Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: None. CITY OF FORT WORTH WaghyRohenvon Road DRAFT STANDARD SUPPLEMENTARY CON➢ITIONS FOR DESIGN -BUILD CONTRACTS 104154 Revised October 2023 SUPPLLMENTARY CONDITIONS Page 3 of SC-5.04A., "Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Owner's Advisor: Freese and Nichols, Inc. (3) Other: None SC-5.05B.1., "Categories of Insurance" Remove this clause from the General Conditions. SC-6.07., "Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided below: 2024 Prevailing Wage Rates far Heavy and Highway Construction Projects A copy of the table is also available by accessing the City's website at: h tto s : //a i) i) s.fo rtwo rth to xas.2o v/P ro i ec t Re s ou rces/ You can access the file by following the directory path: 02-Construction Documents/Specifications/Div00 -- General Conditions SC-6.08., "Permits and Utilities" SC-6.08A., "Design -Builder obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Design - Builder: 1. Design -Builder TPDES Permit provided by TCEQ 2. Construction permits SC-6.08B. "City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be applied for, paid for, and acquired by the City. Design -Builder will supply technical data to the City generated from normal project development: acquired by the City: 1. Right of Entry permits into private properties within project site. 2. Environmental Permit and Nationwide 14 Permit provided by USACE with Pre -Construction Notification (based on a no -rise design by Design -Builder) 3. Floodplain Permit Pending Approved CLOMR by FEMA 4. Threatened and Endangered Species Survey by USFWS 5. Franchise and Non -Franchise Utility permits and agreements SC-6.08C. "Outstanding permits and licenses" The following is a list of known outstanding permits and/or licenses to be acquired, as of June 12, 2024. City and Design -Builder shall establish mutually agreeable schedule of pen -nit acquisition during negotiation of GMP. CITY OF FORT WORTH Wagley Roberison Road DRAFT STANDARD SUPPLEMENTARY CONDITIONS FOR DESIGN -BUILD CONTRACTS 104154 Revised October 2023 SLIPPLCMrNTARY CONDITIONS Page 4 of 4 Outstanding Permits and/or Licenses to He Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION TCEQ TPDES Permit 2/1/2025 USAGE Nationwide 14 Permit 2/1/2025 USFWS Threatened and Endangered Species 2/1/2025 Survey Varies Right of Entry 10/1/2024 Varies Franchise and Non -Franchise Utility 2/1/2025 permits and agreements SC-6.I7A.I., "Submittals and Samples" Design -Builder is authorized to utilize its own electronic document management system for management of all contractually required submittals so long as access is maintained to all City personnel and agents in support of the Project. SC-7.02., "Coordination" The individuals or entities listed below have contracts with the City for the performance of other work at the Site: Vendor NIA Scope of Work NIA Coordination Authority N/A SC-8.01, "Communications to Design -Builder" Freese and Nichols, Inc., as Owner's Advisor, is authorized to issue communications to Design -Builder. The City's Project Representative shall be copied on all communications. SC-9.01., "City's Project Representative" The City's Project Representative for this Contract is David Kastendick, or his/her successor pursuant to written notification from the Director of Capital Improvements. SC-13.03C., "Tests and inspections" None. SC-15.01C.1, "Methods and Procedures" Alone. IW1FII]*3011111110 CITY OF FORT WORTH Wagfey Robertson Rood DRAFT STANDARD SUPPLEMENTARY CONDITIONS FOR DESIGN -BUILD CONTRACTS 104154 Revised October 2023 REFERENCE **M&C 24- 2024 DESIGN BUILD SERVICES FOR DATE: 8/27/2024 NO.: 0745 LOG NAME: THE WAGLEY ROBERTSON ROAD PRO]E CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 7) Authorize Execution of a Design -Build Services Agreement with Flatiron Constructors, Inc. for the Design, Construction and Construction Management for the Wagley Robertson Road Project with a Preconstruction Phase Fee in the Amount of $2,035,900.00, and a Construction Phase Fee of 5.251Io of the Cost of Work, Within the Total Project Budget of $25,390,680.00 (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize execution of a Design -Build Agreement with Flatiron Constructors, Inc. for the purpose of design, construction, and construction management for the Wagley Robertson Road project (City Project No. 104154) with a preconstruction phase fee in the amount of $2,035,900.00, and a construction phase fee of 5.25\0Io of the cost of work, within the project budget of $25,390,680.00. DISCUSSION: This Mayor and Council Communication (M&C) recommends authorization for execution of a Design -Build Agreement with Flatiron Contractors, Inc. (Flatiron) for the design, construction, and construction management for the Wagley Robertson Road project (City Project No. 104154). The agreement includes a pre -construction phase fee in the amount of $2,035,900.00 and sets the construction phase fee of 5.25\010 of the cost of work. This project is being delivered using the Design -Build method which allows delivery Flexibility via incremental components. After pre -construction phase activities have advanced sufficiently such that the project design and risks are suitably defined, a Guaranteed Maximum Price (GMP) for the construction phase will be established, The GMP is expected by early 2025, and excludes costs related to land acquisition, City project management costs, owner's representative (Freese and Nichols, Inc., City Secretary Contract No. 59368) and other project costs being directly undertaken by the Transportation & Public Works Department. Flatiron was selected for this project using a two-step procurement process in accordance with Texas law. The first step, Request for Qualifications (RFQ), was advertised in the Fart Worth Star -Telegram on February 1, 2024, and February 8, 2024, and listed in the City of Fort Worth procurement software Bonfire Ref. # 24-0120 on February 1, 2024. The City received four responses in Bonfire on March 7, 2024, and the firms were publicly read aloud. After evaluation and scoring by the Evaluation Committee, three firms were invited to submit proposals as part of the second step of the procurement. One firm was eliminated as being non -responsive to the RFQ directions. The City received three proposals in Bonfire Ref. No. 24-0185 Request for Proposal (RFP) Invitation Only from 24- 0120 on May 23, 2024, each including a Cover Letter, Technical Proposal, Proposed Costing Methodology, Compliance with Business Equity Ordinance, and Acknowledgement of Addenda, which included a narrative description of services proposed to complete the project including a fixed price for pre -construction services as well as a fee for the construction phase a fixed percentage of the GMP. The proposals were reviewed, and a one -hour interview was conducted with each proposer. The City's Evaluation Committee ranked Flatiron the highest using scoring methods developed and published in the Request for Proposals. See the table below for the evaluation scores of the three shortlisted firms. Proposer Total Score Rank IFlatiron Constructors, Inc. 94.75 1 (McCarthy Building Companies 91.00 2 ISundt Construction Inc. 77.50 3 The fees included in the Flatiron proposal are as follows: Pre -Construction Phase Fee: S2.035.900.00 Construction Phase Fee (to be included in GMP): 5.25\% Raising the roadway out of a potential overtopping situation, constructing a full Master Thoroughfare Plan (MTP) Street of 4 lanes with a divided median to replace the existing old county road, and safety for the traveling public are the project's primary objectives. The project consists of the construction of 0.45 miles of Wagley Robertson Road between Coneflower Trail and Quicksilver Trail. The project includes a typical proposed Right -of -Way width of 110 feet, shared -use paths, streetlights, retaining walls, two studied stream crossings, and a four -lane divided (four 11-foot-wide travel lanes) neighborhood connector road with raised medians. The project is considered full roadway reconstruction with major stream crossings at Big Fossil Creek and Tributary to Big Fossil Creek. The project includes roadway connections to Bent Oak Drive and jetliner Avenue as well as bridge -class culverts across Big Fossil Creek and Tributary to Big Fossil Creek. The proposed pre -construction budget and fees are considered fair and reasonable by City staff. The following table summarizes the current available funding for the project: Fund Existing Funding Additional Project Total Funding P014 - 2014 Bond Fund $2,500,000.00 $0.00 $ 2,500,000.00 P027- 2022 Bond Fund 11,000,000.00 0.00 11,000,000.00 P0108 - Impact Fee 4,000,000.00 0.00 4,000,000.00 P0104 - Developer Contribution 2,890,680.00 0.00 2,890,680.00 152002 - Stormwater Capital Projects 3,000,000.00 0.00 3,000,000.00 52008 - Drainage Rev Bonds Series 2,000,000.00 0.00 2,000,000.00 023 Total $25,390,680.00 $0.00 $25,390,680.00 The design and construction budget within the overall project budget is currently estimated to be $17,780,000.00 This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). Funding is budgeted in the Stormwater Capital Projects & Drainage Rev Bonds Series 2023 Funds for the TPW Dept Highway & Streets Department for the purpose of funding the Wagley Robertson project, as appropriated. MWBE Office: The City's Business Equity goal on this Design -Build project is 16V/o. Flatiron Constructors, Inc., has agreed/committed to utilize 16\% business equity subcontractor participation for the scope of work, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Opportunity Division. As customary for Design -Build projects, MWBE participation will be fully determined at the time GMP is submitted. The Project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Stormwater Capital Projects and the Drainage Rev Bonds Series 2023 Funds For the Wagley Robertson Road project to support the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Transportation & Public Works Department is responsible for validating the availability of funds. TO Fund Department Account Project ProgramActivity Budget Reference * Amount ID ID Year (Chartfield 2) FROM Fund DepartmentAccountProject ProgramActivityBudget Reference * Amount ID ID Year (Chartfield 2) Submitted for Cit►► Manager's Office by: ]esica McEachern (5804) Oriainatina Department Head: Lauren Prieur (6035) Additional Information Contact: Monty Hall (8662) ATTACHMENTS Form 1295 Certificate 101231663.r)df (CFW Internal) FUNDS AVAILABILITY 104154.docx (cFW internal) M&C FID Table 104154.xlsx (CFW Internal) M&C Mar) WaglevRobertsonRd CPN104154.r)df (Public) Wadev Robertson Rd signed NS.vdf (CFW Internal) Mayor&Council Map I CPN 104154 FORTWORTH, Wagley Robertson Road I CD #7 (Quicksilver Trail to Coneflower Trail) • `'+'� ,r TRADEW ND vidnity -, , '�';. r ►� Map VWHiTEO t. t-QL11CK511 QUICKSILVER p C LDLL ii + ' Ll WILDRIVER n RIDGEWATER LI v L3 ; ll ' ROCKED PLANE BENTOAKIn - � -• .. `E- z Li CALENDER a a p�DPE1_LER I:l .' I i CRANBROOK LI cn 1.1 1.1 1 ♦ 1 k S t l Z SC�L1fsER '��+.• • DESTIIN .:iK n Z ra r-1 t`t�i FOXCRAFT El L ¢5E� L rl y rl rl „_ � BRAENIICK I� 141t, '� ,,. aF1 CROWN OAKS VI rzu L >—r 1 Lj J_] 1 r:J BEEBRUSH...._: I.l 1 ' rl ■����� Project Extent --`- ��-- f; HIGH SUMMIT w Fort Worth City Limits o Q 1 Data Source: CFVvGIS,NearMap2022 Map generated October 2023 — _ O �•>I Amy LaMar, TPW Business Support Services N +• , PR .- i �,R - Peer. ,,t _HAIIVIEII,VAT.0#AbK- 40T +.,. < POLICY NO. 46 UUN OL6HGL 06.6000:4kiibIol'.�&921uM21►I400F."Eel *mg:1mQ*)"cil' oil*IN m1.1*ABIB* die►aaialilaW4 AMENDMENT OF THE DECLARATIONS - ADDITIONAL PERSONS OR ORGANIZATIONS DESIGNATED AS NAMED INSUREDS HUITT-ZOLLARS INC DFW CONSTRUCTION MANAGEMENT PARTNERS A TEXAS JOINT VENTURE COON ENGINEERING INC MORRIS ARCHITECTS INC HUITT-ZOLLARSITHOMPSON ENGINEERING CUNINGHAM & MORRIS A JOINT VENTURE HOSKIN-RYAN CONSULTANTS INC HZJV A JOINT VENTURE GAVAN & BARKER, INC. THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. FORM TH12040312T PRINTED IN U.S.A. PAGE 1.1 Named Insured: Huitt-Zallars, Inc. POLICY NUMBER: 46 UEN OL5276 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF THE DECLARATIONS - ADDITIONAL PERSONS OR ORGANIZATIONS DESIGNATED AS NAME❑ INSUREDS The following person(s) or ❑rganization(s) are added to the ❑eclarations as Named Insureds: HUITT ZOLLARS INC HUITT-ZOLLARS INC DFW CONSTRUCTION MANAGEMENT PARNTERS A TEXAS JOINT VENTURE COON ENGINEERING INC MORRIS ARCHITECTS INC HUITT-ZOLLARSITHOMPSON ENGINEERING CUNINGHAM & MORRIS A JOINT VENTURE HOSKIN-RYAN CONSULTANTS INC HZJV A JOINT VENTURE GAVAN & BARKER, INC. Form IH 12 04 03 12 © 2012, The Hartford Named Insured: Huitt-Zollars, Inc. POLICY NUMBER: 46 XHU ❑L6HJF THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF THE DECLARATIONS - ADDITIONAL PERSONS OR ORGANIZATIONS DESIGNATED AS NAMED INSUREDS The following person(s) or organization(s) are added to the Declarations as Named Insureds: HUITT ZOLLARS INC HUITT-ZOLLARS INC DFW CONSTRUCTION MANAGEMENT PARTNERS A TEXAS JOINT VENTURE COON ENGINEERING INC MORRIS ARCHITECTS INC HUITT-ZOLLARSITHOMPSON ENGINEERING CUNINGHAM + MORRIS A JOINT VENTURE HOSKIN-RYAN CONSULTANTS INC HZJV A JOINT VENTURE GAVAN & BARKER, INC Form IH 12 04 03 12 © 2012, The Hartford EXTENSION OF THE INFORMATION PAGE - ITEM 1 - NAMED INSURED Policy Number: 46 WE 0L6H1G Endorsement Number: Effective Date: 09/01/2024 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: HUITT ZOLLARS, INC. 5430 Lyndon B Johnson Fwy, Suite 1500 Dallas TX 75240 Item 1 of the Information Page is completed to include as named insured: Named Insured : Huitt-Zollars[Thompson Engineering State ID : Not Applicable FEIN : 26-2118777 DBA Name Not Applicable Named Insured : Hoskin -Ryan Consultants, Inc. State ID : Not Applicable FEIN : 86-0912779 DBA Name Not Applicable Named Insured : HUITT ZOLLARS, INC. State ID : ME:UAN-0779175000 FEIN : 75-1500178 DBA Name Not Applicable Named Insured : Gavan & Barker, Inc. State ID : Not Applicable FEIN : 20-5063330 DBA Name Not Applicable Named Insured : HZJV, A Joint Venture State ID : Not Applicable Form WC 99 03 65 Printed in U.S.A. Process Date: Policy Expiration Date: 09/01/25 FEIN : 20-4087807 DBA Name Not Applicable Named Insured : Cuningham + Morris, A Joint Venture State ID : Not Applicable FEIN : 47-5015554 DBA Name Not Applicable Named Insured : MORRIS ARCHITECTS, INC. State ID : Not Applicable FEIN : 76-0199271 DBA Name Not Applicable Named Insured : DFW CONSTRUCTION MANAGEMENT PARTNERS, A TEXAS JOINT VENTURE State ID : Not Applicable FEIN: 45-3111369 DBA Name Not Applicable Named Insured : COON ENGINEERING, INC. State ID : Not Applicable FEIN : 73-1225110 DBA Name Not Applicable Form WC 99 03 65 Printed in U.S.A. Process ❑ate: Policy Expiration ❑ate: 09/01/25 Named Insured: Huitt-Zollars, Inc. POLICY NUMBER: 46 UUN IL6HGL COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s)- EACH CONSTRUCTION PROJECT, INDIVIDUALLY AND SEPARATELY, OF THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit, CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 Named Insured: Huitt-Zollars, Inc. B. For all sums which the insured becomes legally C. obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical O. expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall Designated Construction Aggregate Limit. not reduce any Project General When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction protect. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Rage 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 Hartford Casualty Insurance Company #46 UUN 01.5276HGL Named Insured: Huitt-Zollars, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions; A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company, B. if this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Form IH 03 07 06 11 Page 1 of t 0 2011, The Hartford POLICY NUMBER: 46 UUN OL6HGL Named Insured: Huitt-Zollars, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - DEFINITION OF INSURED CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation of Contracts: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to any contract shown in the Schedule, the first subparagraph of Paragraph f. of the definition of "insured contract" in the Definitions Section is replaced by the following: f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Form HC 24 92 06 08 Page 1 of 1 © 2008, The Hartford (Includes copyrighted material of Insurance Services Office. Inc. with its permission.) Hartford Casualty Insurance Company #46 UUN OL6HGL Named Insured: Huitt-Zollars, Inc. lk COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and 'our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit' seeking those damages. However, we will have no duty to defend the insured against any "suit' seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit' that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) 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 Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an 'occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. 'Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice And Good Samaritan Coverage "Bodily injury" arising out of the rendering of or failure to render the following health care services by any "employee" or "volunteer worker" shall be deemed to be caused by an "occurrence" for: HG 00 01 09 16 Page 1 of 21 © 2016 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) Named Insured: Huitt-Zollars, Inc. (1) Professional health care services such as: (a) Medical, surgical, dental, laboratory, x- ray or nursing services or treatment, advice or instruction, or the related furnishing of food or beverages; (b) Any health or therapeutic service, treatment, advice or instruction; or (c) The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or (2) First aid services, which include: (a) Cardiopulmonary resuscitation, whether performed manually or with a defibrillator; or (b) Services performed as a Good Samaritan. For the purpose of determining the limits of insurance, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". However, this Incidental Medical Malpractice And Good Samaritan Coverage provision applies only if you are not engaged in the business or occupation of providing any of the services described in this provision. 2. Exclusions This insurance does not apply to: 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. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: Page 2 of 21 HG 00 01 09 16 Named Insured: Huitt-Zollars, Inc. (a) Employment by the insured; or the handling, storage, disposal, (b) Performing duties related to the processing or treatment of waste; conduct of the insured's business; or (c) Which are or were at any time (2) The spouse, child, parent, brother or sister transported, handled, stored, treated, of that "employee" as a consequence of disposed of, or processed as waste by Paragraph (1) above. or for: This exclusion applies: (i) Any insured; or (1) Whether the insured may be liable as an (ii) Any person or organization for employer or in any other capacity; and whom you may be legally responsible; (2) To any obligation to share damages with or repay someone else who must pay (d) At or from any premises, site or damages because of the injury, location on which any insured or any contractors or subcontractors working This exclusion does not apply to liability directly or indirectly on any insured's assumed by the insured under an "insured behalf are performing operations if the contract". "pollutants" are brought on or to the f. Pollution premises, site or location in connection (1) "Bodily injury" or "property damage" with such operations by such insured, arising out of the actual, alleged or contractor or subcontractor. However, threatened discharge, dispersal, seepage, this subparagraph does not apply to: migration, release or escape of (i) "Bodily injury" or "property damage" "pollutants": arising out of the escape of fuels, (a) At or from any premises, site or lubricants or other operating fluids location which is or was at any time which are needed to perform the owned or occupied by, or rented or normal electrical, hydraulic or loaned to, any insured. However, this mechanical functions necessary for subparagraph does not apply to: the operation of "mobile equipment" (i) "Bodily injury" if sustained within a or its parts, if such fuels, lubricants building and caused by smoke, or other operating fluids escape fumes, vapor or soot produced by from a vehicle part designed to or originating from equipment that hold, store or receive them. This exception does not apply if the is used to heat, cool or dehumidify "bodily injury" or "property damage" the building, or equipment that is arises out of the intentional used to heat water for personal discharge, dispersal or release of use, by the building's occupants or the fuels, lubricants or other their guests; operating fluids, or if such fuels, (ii) "Bodily injury" or "property damage" lubricants or other operating fluids for which you may be held liable, if are brought on or to the premises, you are a contractor and the owner site or location with the intent that or lessee of such premises, site or they be discharged, dispersed or location has been added to your released as part of the operations policy as an additional insured with being performed by such insured, respect to your ongoing operations contractor or subcontractor; performed for that additional ii "Bodilyinjury" or "property e" {) P pert il damage" insured at that premises, site or sustained within a building and location and such premises, site or caused by the release of gases, location is not and never was fumes or vapors from materials owned or occupied by, or rented or brought into that building in loaned to, any insured, other than connection with operations being that additional insured; or performed by you or on your behalf (iii) "Bodily injury" or "property damage" by a contractor or subcontractor; or arising out of heat, smoke or fumes iiii "Bodily"property dama e" {) injury" y or g from a "hostile fire"; arising out of heat, smoke or fumes (b) At or from any premises, site or from a "hostile fire"; or location which is or was at any time (e) At or from any premises, site or used by or for any insured or others for location on which any insured or any contractors or subcontractors working HG 00 0109 16 Page 3 of 21 Named Insured: Huitt-Zollars, Inc. directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (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 (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". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". 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" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. L War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: Page 4 of 21 HG 00 01 09 16 Named Insured: Huitt-Zollars, Inc. (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Access or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, HG 00 01 09 16 Page 5 of 21 Named Insured: Huitt-Zollars, Inc. public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Employment -Related Practices "Bodily injury" to: (1) A person arising out of any "employment — related practices"; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any "employment -related practices" are directed. This exclusion applies: (1) Whether the injury -causing event described in the definition of "employment - related practices" occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Asbestos (1) "Bodily injury" or "property damage" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". s. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You — Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire, lightning or explosion 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. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our Page 6 of 21 HG 00 01 09 16 Named Insured: Huitt-Zollars, Inc. discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" arising out of an offense committed by, at the direction or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement". g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. I. Infringement Of Intellectual Property Rights (1) "Personal and advertising injury" arising out of any actual or alleged infringement or violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, trade dress, service mark or other designation of origin or authenticity; or (2) Any injury or damage alleged in any clam or "suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made by you or by any other party involved in the claim or "suit", regardless of whether this insurance would otherwise apply. However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual property right is limited to: (1) Infringement, in your "advertisement", of: (a) Copyright; (b) Slogan; or (c) Title of any literary or artistic work; or (2) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a., b. and c. of the definition of "personal and advertising injury" under the Definitions Section. HG 00 01 09 16 Page 7 of 21 Named Insured: Huitt-Zollars, Inc. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -Related Any loss, cost or expense arising out of any: (1) 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) 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". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Internet Advertisements And Content Of Others "Personal and advertising injury" arising out of: (1) An "advertisement" for others on your web site; (2) Placing a link to a web site of others on your web site; (3) Content, including information, sounds, text, graphics, or images from a web site of others displayed within a frame or border on your web site; or (4) Computer code, software or programming used to enable: (a) Your web site; or (b) The presentation or functionality of an "advertisement" or other content on your web site. q. Right Of Privacy Created By Statute "Personal and advertising injury" arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act. r. Violation Of Anti -Trust law "Personal and advertising injury" arising out of a violation of any anti-trust law. s. Securities "Personal and advertising injury" arising out of the fluctuation in price or value of any stocks, bonds or other securities. t. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Page 8 of 21 HG 00 01 09 16 Named Insured: Huitt-Zollars, Inc. u. Employment -Related Practices "Personal and advertising injury" to: (1) A person arising out of any "employment — related practices"; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any "employment -related practices" are directed. This exclusion applies: (1) Whether the injury -causing event described in the definition of "employment - related practices" occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos (1) "Personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". w. Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of HG 00 01 09 16 Page 9 of 21 Named Insured: Huitt-Zollars, Inc. any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. 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. c. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 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. e. All court costs taxed against the insured in the "suit". However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed to the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit'; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Page 10 of 21 HG 00 01 09 16 Named insured: Huitt-Zollars, Inc. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION Il — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury': (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business,- (b) To the spouse, child, parent, brother or sister of that co2employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (1)(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services: (a) Subparagraphs (1)(a), (1)(b) and (1)(c) above do not apply to any „employee„ or "volunteer worker" providing first aid services; and (b) Subparagraph (1)(d) above does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians of Your Property Any person or organization having proper temporary custody of your property if you die, but only-. (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die. but only HG 00 0109 16 Page 11 of 21 Named Insured; Huitt-Zollars, Inc, with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which such insured is also a named insured under another policy or would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, 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. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organizations) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parks under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally Page 12 of 21 HG 00 01 09 16 Named Insured: Huitt-Zollars, Inc. undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person(s) or organization(s) from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). (2) 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. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, 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 the failure to render any professional services by or for you, 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 services by or for you. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or HG 00 01 09 16 Page 13 of 21 Named Insured. Huitt-Zollars, Inc. (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". f. Any other Party Any other person or organization who is not an additional insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". 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. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (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 services by or for you. The limits of insurance that apply to additional insureds is described in Section III — Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS Of INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit 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. 3. Products -Completed Operations Aggregate Limit 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". 4. Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and Page 14 of 21 HG 00 01 09 16 Named Insured: Huitt-Zollars, Inc. b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 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, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense 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. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written HG 00 01 09 16 Page 15 of 21 Named Insured: Huitt-Zollars, Inc. contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or the additional insured is a partnership; (3) Any manager, if you or the additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5) Any trustee, if you or the additional insured is a trust; or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part. a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. Below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess., contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work' (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion 1. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (T) When You Add Others As Are Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also Page 16 of 21 HG 00 01 09 16 Named Insured: Huitt-Zollars, Inc. primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates, b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must d❑ nothing after loss to HG 00 01 09 16 Page 17 of 21 Named Insured: Huitt-Zollars, Inc. impair them. At our request, the Insured will bring "suit" or transfer those rights to us and help us enforce them. b, Waiver Of Rights of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement` means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an '"advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto' does not include "mobile equipment". S. "Bodily injury" means physical: a. Injury; b. Sickness: or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above: (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or in a settlement we agree to. 7. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 8. "Employment -Related Practices" means: a. Refusal to employ that person; b. Termination of that person's employment; or c. Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person. 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10, "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. Page 18 of 21 H G 00 01 09 16 Named Insured: Huitt-Zollars, Inc. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work", or your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section III — Limits of Insurance; b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained HG 00 01 09 16 Page 19 of 21 Named Insured: Huitt-Zollars, Inc. primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication, in any manner, of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement". 18."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard" a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products - Page 20 of 21 HG 00 01 09 16 Named Insured: Huitt-Zollars, Inc. completed operations are subject to the General Aggregate Limit. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. As used in this definition, computerized or electronically stored data, programs or software are not tangible property. Electronic data means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from; computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who a. Is not your "employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; tbj Others trading under your name; or tcj A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25."Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. HG 00 0109 16 Page 21 of 21 Hartford Casualty Insurance Company #46 UEN 0I.5276 Named Insured: Huitt-Zollars. Inc. ` THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Form IH 03 07 06 11 Page 1 of 1 © 2011, The Hartford Hartford Casualty Insurance Company #46 XHU OL6HJF Named Insured: Huitt-Zollars, Inc. lk UMBRELLA LIABILITY POLICY PROVISIONS In this policy the words "you" and "your" refer to the the "bodily injury" or "property damage" Named Insured first shown in the Declarations and occurred, then any continuation, change any other person or organization qualifying as a or resumption of such "bodily injury" or Named Insured under this policy. "We", "us" and "property damage" during or after the "our" refer to the stock insurance company member "policy period" will be deemed to have of The Hartford Financial Services Group Inc. shown been known prior to the "policy period". in the Declarations. 3. "Bodily injury" or "property damage" will be Other words and phrases that appear in quotation deemed to have been known to have marks also have special meaning. Refer to occurred at the earliest time when any DEFINITIONS (Section VII). insured listed under paragraph A. of Section IN RETURN FOR THE PAYMENT OF THE III — Who Is An Insured or any "employee" PREMIUM, in reliance upon the statements in the authorized by you to give or receive notice Declarations made a part hereof and subject to all of of an "occurrence" or claim: the terms of this policy, we agree with you as a. Reports all, or any part, of the "bodily follows: injury" or "property damage" to us or any SECTION I - COVERAGES other insurer; INSURING AGREEMENTS b. Receives a written or verbal demand or claim for damages because of the A. Umbrella Liability Insurance bodily injury or property damage"; or 1. We will pay those sums that the "insured" c. Becomes aware by any other means becomes legally obligated to pay as that "bodily injury" or "property damage" damages in excess of the underlying has occurred or has begun to occur. insurance or of the self -insured retention when no "underlying insurance" applies, B. Exclusions because of "bodily injury", "property This policy does not apply to: damage" or "personal and advertising injury" 1. Pollution to which this insurance applies caused by an "occurrence". But, the amount we will pay Any obligation: as "damages" is limited as described in a. To pay for the cost of investigation, Section IV — LIMITS OF INSURANCE. defense or settlement of any claim or No other obligation or liability to pay sums or suit against any "insured" alleging actual perform acts or services is covered unless or threatened injury or damage of any explicitly provided for under Section II - nature or kind to persons or property INVESTIGATION, DEFENSE, which arises out of or would not have SETTLEMENT. occurred but for the pollution hazard; or 2. This insurance applies to "bodily injury", b. To pay any "damages", judgments, "property damage" or "personal and settlements, loss, costs or expenses advertising injury" only if: that may be awarded or incurred: a. The "bodily injury", "property damage" or i. By reason of any such claim or suit "personal and advertising injury" occurs or any such injury or damage; or during the "policy period"; and ii. In complying with any action b. Prior to the "policy period", no insured authorized by law and relating to listed under Paragraph A. of Section III — such injury or damage. Who Is An Insured and no "employee" As used in this exclusion, pollution authorized by you to give or receive notice hazard means an actual exposure or of an "occurrence" or claim, knew that the threat of exposure to the corrosive, toxic "bodily injury" or "property damage" had or other harmful properties of any solid, occurred, in whole or in part. If such a liquid, gaseous or thermal: listed insured or authorized "employee" a. Pollutants; knew, prior to the "policy period", that b. Contaminants; Form XL 00 03 09 16 Page 1 of 14 © 2016, The Hartford Named Insured: Huitt-Zollars, Inc. c. Irritants; or (b) Otherwise in the course of d. Toxic substances; transit by or on behalf of the Including: "insured"; or (c) Being stored, disposed of, Smoke; treated or processed in or Vapors; upon any "auto"; Soot; (2) Before the "pollutants" or any Fumes; property in which the Acids; "pollutants" are contained are moved from the place where Alkalis; they are accepted by the Chemicals, and "insured" for movement into or Waste materials consisting of or onto any "auto"; or containing any of the foregoing. (3) After the "pollutants" or any Waste includes materials to be property in which the recycled, reconditioned or "pollutants" are contained are reclaimed. moved from any "auto" to the EXCEPTION place where they are finally delivered, disposed of or This exclusion does not apply: abandoned by the "insured". a. To "bodily injury" to any of your Paragraph (1) above does not apply "employees" arising out of and in to fuels, lubricants, fluids, exhaust the course of their employment by gases or other similar "pollutants" you; or that are needed for or result from b. To injury or damage as to which the normal electrical, hydraulic or valid and collectible "underlying mechanical functioning of an "auto", insurance" with at least the covered by the "underlying minimum limits shown in the insurance" or its parts, if: Schedule of Underlying Insurance a. The "pollutants" escape, seep, Policies is in force and applicable to migrate, or are discharged or the "occurrence". In such event, released directly from an "auto" any coverage afforded by this policy part designed by its for the "occurrence" will be subject manufacturer to hold, store, to the pollution exclusions of the receive or dispose of such "underlying insurance" and to the "pollutants"; and conditions, limits and other b. The "bodily injury,' "property provisions of this policy. In the event "underlying damage" or "covered pollution that insurance" is not cost or expense" does not arise maintained with limits of liability as out of the operation of any set forth in the Schedule of following equipment: Underlying Insurance Policies, coverage under any of the i. Air compressors, pumps and provisions of this exception does not generators, including apply. spraying, welding, building Exception b. does not apply to: cleaning, geophysical exploration, lighting or well "Bodily injury" or "property damage" servicing equipment; and arising out of the actual, alleged or ii. Cherry pickers and similar threatened discharge, dispersal, devices mounted on seepage, migration, release or automobile or truck chassis escape of "pollutants": and used to raise or lower (1) That are, or that are contained workers. in any property that is : Paragraphs (2) and (3) above do not (a) Being transported or towed apply to "accidents" that occur away by, handled, or handled for from premises owned by or rented movement into, onto or to an "insured" with respect to from, any "auto"; "pollutants" not in or upon an "auto" Page 2 of 14 Form XL 00 03 09 16 Named Insured: Huitt-Zollars, Inc. covered by the "underlying insurance" if: a. 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 the "auto", and b. The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 2. Workers Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. 3. Contractual Liability Liability assumed by the "insured" under any contract or agreement with respect to an "occurrence" taking place before the contract or agreement is executed. 4. Personal And Advertising Injury This policy does not apply to "personal and advertising injury". EXCEPTION This exclusion does not apply to the extent that coverage for such "personal and advertising injury" is provided by "underlying insurance", but in no event shall any "personal and advertising injury" coverage provided under this policy apply to any claim or "suit" to which "underlying insurance" does not apply. Any coverage restored by this EXCEPTION applies only to the extent that such coverage provided by the "underlying insurance" is maintained having limits as set forth in the Schedule of Underlying Insurance Policies. 5. Underlying Insurance Any injury or damage: a. Covered by "underlying insurance" but for any defense which any underlying insurer may assert because of the "insured's" failure to comply with any condition of its policy; or b. For which "damages" would have been payable by "underlying insurance" but for the actual or alleged insolvency or financial impairment of an underlying insurer. 6. Aircraft "Bodily injury" or "property damage" arising out of the ownership, operation, maintenance, use, entrustment to others, loading or unloading of any aircraft: a. Owned by any "insured"; or b. Chartered or loaned to any "insured". This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to aircraft that is: a. Hired, chartered or loaned with a paid crew; but b. Not owned by any "insured". This exclusion does not apply to "bodily injury" to any of your "employees" arising out of and in the course of their employment by you. 7. Watercraft "Bodily injury" or "property damage" arising out of the ownership, operation, maintenance, use, entrustment to others, loading or unloading of any watercraft. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: a. Watercraft you do not own that is: (1) Less than 51 feet long, and (2) Not being used to carry persons or property for a charge; b. "Bodily injury" to any of your "employees" arising out of and in the course of their employment by you; or c. Any watercraft while ashore on premises owned by, rented to or controlled by you. 8. War Any injury or damage, however caused, arising, directly or indirectly, out of: a. War, including undeclared or civil war; or Form XL 00 03 09 16 Page 3 of 14 Named Insured: Huitt-Zollars, Inc. b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 9. Damage To Property "Property damage" to property you own. 10. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. 11. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. 12. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: a. A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. 13. Recall Of Products, Work Or Impaired Property "Damages" claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: a. "Your product"; b. "Your work'; or c. "Impaired Property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. 14. Expected Or Intended "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. 15. Employer Liability Coverage afforded any of your "employees" for "bodily injury" or "personal and advertising injury": a. To other "employees" arising out of and in the course of their employment; b. To the spouse, child, parent, brother or sister of that "employee" as a consequence of such "bodily injury" to that "employee". c. To you or, any of your partners or members, (if you are a partnership, joint venture), or your members (if you are a limited liability company); or d. Arising out of the providing or failing to provide professional health care services. Subparagraphs a. and b. of this exclusion apply: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share "damages" with or repay someone else who must pay "damages" because of the injury. EXCEPTION Subparagraphs a. and b. of this exclusion do not apply if "underlying insurance" is maintained providing coverage for such liability with minimum underlying limits, as described in the Schedule of Underlying Insurance Policies. 16. Property Damage To Employee's Property Coverage afforded any of your "employees" for "property damage" to property owned or occupied by or rented or loaned to: a. That "employee"; b. Any of your other "employees"; c. Any of your partners or members (if you are a partnership or joint venture); or d. Any of your members (if you are a limited liability company). Page 4 of 14 Form XL 00 03 09 16 Named Insured: Huitt-Zollars, Inc. 17. Uninsured Or Underinsured Motorists 20. Asbestos Any claim for: Any injury, damages, loss, cost or expense, a. Uninsured or Underinsured Motorists including but not limited to "bodily injury", Coverage; "property damage" or "personal and advertising injury" arising out of, or relating b. Personal injury protection; to, in whole or in part, the "asbestos hazard" c. Property protection; or that: d. Any similar no-fault coverage by a. May be awarded or incurred by reason whatever name called; of any claim or suit alleging actual or Unless this policy is endorsed to provide threatened injury or damage of any such coverage. nature or kind to persons or property 18. Employment Practices Liability which would not have occurred in whole "asbestos or in part but for the hazard"; a. Any injury or damage to: or (1) A person arising out of any: b. Arise out of any request, demand, order, (a) Refusal to employ that person; or statutory or regulatory requirement (b) Termination of that person's that any insured or others test for, employment; or monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in (c) Employment -related practices, any way respond to or assess the policies, acts or omissions, such effects of any "asbestos hazard"; or as but not limited to: coercion, c. Arise out of any claim or suit for demotion, evaluation, damages because of testing for, reassignment, discipline, monitoring, cleaning up, removing, defamation, harassment, encapsulating, containing, treating, humiliation, discrimination or detoxifying or neutralizing or in any way malicious prosecution directed responding to or assessing the effects of at that person; or an "asbestos hazard". (2) The spouse, child, parent, brother or sister of that person, as a consequence of any injury or damage to that person at whom any of the employment -related practices described in paragraphs (a), (b), or (c) above is directed. This exclusion applies: L Whether the injury -causing event described in part (1) above occurs before employment, during employment or after employment of that person; ii. Whether the "insured" may be liable as an employer or in any other capacity; and iii. To any obligation to share "damages" with or repay someone else who must pay "damages" because of the injury. 19. Employee Retirement Income Security Act Any liability arising out of intentional or unintentional violation of any provision of the Employee Retirement Income Security Act of 1974, Public Law 93-406 (commonly referred to as the Revision Act of 1974), or any amendments to them. 21. Racing And Stunting Activities "Bodily injury" or "property damage" arising out of the ownership, operation, maintenance, use, entrustment to others, or loading or unloading of any "auto" or "mobile equipment" while being used in any: a. Prearranged or organized racing, speed or demolition contest; b. Stunting activity; or c. Preparation for any such contest or activity. 22. Access Or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: a. Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or b. The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit Form XL 00 03 09 16 Page 5 of 14 Named Insured: Huitt-Zollars, Inc. monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 23. Limited Underlying Coverage Any injury, damage, loss, cost or expense, including but not limited to "bodily injury", "property damage" or "personal and advertising injury" for which: a. an "underlying insurance" policy or policies specifically provides coverage; but b. because of a provision within the "underlying insurance" such coverage is provided at a limit or limits of insurance that are less than the limit(s) for the "underlying insurance" policy or policies shown on the Schedule of Underlying Insurance Policies. 24. Recording And Distribution Of Material Or Information In Violation Of Law Any injury, damage, loss, cost or expense, including but not limited to "bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; c. The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or d. Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. SECTION II - INVESTIGATION, DEFENSE, SETTLEMENT A. With respect to "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies (whether or not the "self -insured retention" applies) and 1. For which no coverage is provided under any "underlying insurance"; or 2. For which the underlying limits of any "underlying insurance" policy have been exhausted solely by payments of "damages" because of "occurrences" during the "policy period", We: 1. Will have the right and the duty to defend any "suit" against the "insured" seeking "damages" on account thereof, even if such "suit" is groundless, false or fraudulent; but our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under coverages afforded by this policy; 2. May make such investigation and settlement of any claim or "suit" as we deem expedient; 3. Will pay all expenses incurred by us, all court costs taxed against the "insured" in any "suit" defended by us and all interest on the entire amount of any judgment therein which accrues after the entry of the judgment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the applicable limit of insurance. However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed to the insured; 4. Will pay all premiums on appeal bonds required in any such "suit", premiums on bonds to release attachments in any such "suit" for an amount not in excess of the applicable limit of insurance, and the cost of bail bonds required of the "insured" because of an accident or traffic law violation arising out of the operation of any vehicle to which this policy applies, but we will have no obligation to apply for or furnish any such bonds; 5. Will pay all reasonable expenses incurred by the "insured" at our request in assisting us in the investigation or defense of any claim or "suit", including actual loss of earnings not to exceed $500 per day per "insured"; and the amounts so incurred, except settlement of claims and "suits," are not subject to the "self - Page 6 of 14 Form XL 00 03 09 16 Named Insured: Huitt-Zollars, Inc. insured retention" and are payable in addition to organization other than a partnership, joint any applicable limit of insurance. venture or limited liability company) or your The "Insured" agrees to reimburse us promptly managers (if you are a limited liability for amounts paid in settlement of claims or company), but only for acts: "suits" to the extent that such amounts are within a. Within the scope of their employment by the "self -insured retention". you or while performing duties related to B. You agree to arrange for the investigation, the conduct of your business; and defense or settlement of any claim or "suit" in b. Only if such "volunteer workers" or any country where we may be prevented by law "employees" are insureds under from carrying out this agreement. We will pay "underlying insurance" with limits of defense expenses incurred with our written liability no less than stated in the consent in connection with any such claim or Schedule of Underlying Insurance "suit" in addition to any applicable limit of Policies, subject to all the coverage, insurance. We will also promptly reimburse you terms, conditions and limitations of such for our proper share, but subject to the "underlying insurance". applicable limit of insurance, of any settlement 2. Any person or organization with whom you above the "self -insured retention" made with our agreed, because of a written contract, written consent. written agreement or because of a permit G. We will have the right to associate at our issued by a state or political subdivision, to expense with the "insured" or any underlying provide insurance such as is afforded under insurer in the investigation, defense or this policy, but only with respect to your settlement of any claim or "suit" which in our operations, "your work" or facilities owned or opinion may require payment hereunder. In no used by you. event, however, will we contribute to the cost This provision does not apply: and expenses incurred by any underlying a. Unless the written contract or written insurer. agreement has been executed, or the SECTION III - WHO IS AN INSURED permit has been issued prior to the A. If you are doing business as: "bodily injury," "property damage," or 1. An individual, you and your spouse are "personal and advertising injury"; and "insureds", but only with respect to the b. Unless limits of liability specified in such conduct of a business of which you are the written contract, written agreement or sole owner. permit is greater than the limits shown 2. A partnership or joint venture, you are an for "underlying insurance"; or "insured". Your members, your partners, and c. Beyond the period of time required by their spouses are also "insureds", but only the written contract or written with respect to the conduct of your business. agreement. 3. A limited liability company, you are an 3. Any person or organization having proper "insured". Your members are also temporary custody of your property if you "insureds", but only with respect to the die, but only: conduct of your business. Your managers a. With respect to liability arising out of the are "insureds", but only with respect to their maintenance or use of that property; duties as your managers. and 4. An organization other than a partnership, b. Until your legal representative has been joint venture or limited liability company, you appointed. are an "insured". Your "executive officers" "insureds", 4. Your legal representative if you die, but only and directors are but only with respect to their duties as your officers or with respect to his or her duties as such. directors. Your stockholders are also That representative will have all your rights "insureds", but only with respect to their and duties under this policy. liability as stockholders. C. With respect to "auto", any "insured" in the 5. A trust, you are an "insured". Your trustees "underlying insurance" is an "insured" under this are also "insureds", but only with respect to insurance policy, subject to all the limitations of their duties as trustees. such "underlying insurance". B. Each of the following is also an "insured": D. Any organization you newly acquire or form, other than a partnership, joint venture or limited 1. Your "volunteer workers" only while liability company, and over which you maintain performing duties related to the conduct of financial interest of more than 50% of the voting your business, or your "employees," other stock, will qualify as an "insured" if there is no than your "executive officers" [if you are an Form XL 00 03 09 16 Page 7 of 14 Named Insured: Huitt-Zollars, Inc. other similar insurance available to that organization. However: 1. 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; 2. This insurance does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and 3. This insurance does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. E. Each person or organization, not included as an "insured" in Paragraphs A., B., C., or D., who is an "insured" in the "underlying insurance" is an "insured" under this insurance subject to all the terms, conditions and limitations of such "underlying insurance". No person or organization is an "insured" with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. With respect to any person or organization who is not an "insured" under "underlying insurance", coverage under this policy shall apply only to loss in excess of the amount of the "underlying insurance" or "self -insured retention" applicable to you. However, coverage afforded by reason of the provisions set forth above applies only to the extent: (i) Of the scope of coverage provided by the "underlying insurance" but in no event shall coverage be broader than the scope of coverage provided by this policy and any endorsements attached hereto; and (ii) That such coverage provided by the "underlying insurance" is maintained having limits as set forth in the Schedule of Underlying Insurance Policies. SECTION IV - LIMITS OF INSURANCE A. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: 1. "Insureds"; 2. Claims made or "suits" brought; 3. Persons or organizations making claims or bringing "suits"; or 4. Coverages under which damages are covered under this policy. B. The Limit of Insurance stated as the General Aggregate Limit is the most we will pay for the sum of "damages", other than "damages": 1. Because of injury or damage included within the "products -completed operations hazard"; 2. Because of "bodily injury" by disease to your "employees" arising out of and in the course of their employment by you; and 3. Because of "bodily injury" and "property damage" arising out of the ownership, operations, maintenance, use, entrustment to others, loading or unloading of any "auto". C. The Limit of Insurance stated as the Products Completed Operations Aggregate Limit is the most we will pay for "damages" because of injury or damage included within the "products - completed operations hazard". D. The Limit of Insurance stated as the Bodily Injury By Disease Aggregate Limit is the most we will pay for "damages" because of "bodily injury" by disease to your "employees" arising out of and in the course of their employment by you. E. Subject to B., C., or D above, whichever applies, the Each Occurrence Limit is the most we will pay for "damages" because of all "bodily injury", "property damage", and "personal and advertising injury" arising out of any one "occurrence". F. Our obligations under this insurance end when the applicable Limit of Insurance available is used up. If we pay any amounts for "damages" in excess of that Limit of Insurance, you agree to reimburse us for such amounts. G. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the "policy period" shown in the Declarations. However, if the "policy period" is extended after issuance for an additional period of less than 12 months, the additional period will be deemed part of the last preceding period for the purpose of determining the Limits of Insurance. SECTION V - NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) A. The insurance does not apply: 1. To "bodily injury" or "property damage": a. With respect to which an "insured" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or b. Resulting from the "hazardous properties" of "nuclear material" and Page 8 of 14 Form XL 00 03 09 16 Named Insured: Huitt-Zollars, Inc. with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. 2. To "bodily injury" or "property damage" resulting from the "hazardous properties" of "nuclear material" if: a. The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, an "insured" or (b) has been discharged or dispersed therefrom; b. The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an "insured"; or c. The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility", but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion c. applies only to "property damage" to such "nuclear facility" and any property thereat. B. As used in this exclusion: "Hazardous properties" include radioactive, toxic or explosive properties; "Nuclear material" means "source material', "special nuclear material' or "by-product material'; "Source material", "special nuclear material' and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor"; "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material' content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: (1) Any "nuclear reactor"; (2) Any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium, (b) processing or utilizing "spent fuel," or (c) handling, processing or packaging "waste"; (3) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material' if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (4) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; "Property damage" includes all forms of radioactive contamination of property. SECTION VI - CONDITIONS A. Premium All premiums for this policy shall be computed in accordance with Item 5 of the Declarations. The premium stated as such in the Declarations is a deposit premium only which shall be credited to the amount of any earned premium. At the close of each "policy period", the earned premium shall be computed for such period, and upon notice thereof to the Named Insured first shown in the Declarations shall become due and payable by such Named Insured. If the total earned premium for the "policy period" is less than the premium previously paid and more than the minimum premium, we shall return to such Named Insured the unearned portion paid by such Named Insured. The Named insured first shown in the Declarations shall maintain records of such information as is necessary for premium computation, and shall send copies of such records to us at the end of the "policy period" and at such times during the "policy period" as we may direct. B. Inspection And Audit We shall be permitted but not obligated to inspect your property and operations at any Form XL 00 03 09 16 Page 9 of 14 Named Insured: Huitt-Zollars, Inc. time. Neither our right to make inspections, nor the making thereof, nor any report thereon, shall constitute an undertaking on your behalf or for your benefit or that of others to determine or warrant that such property or operations are: 1. Safe; 2. Healthful; or 3. In compliance with any law, rule or regulation. We may examine and audit your books and records at any time during the "policy period" and extensions thereof and within three years after the final termination of this policy, insofar as they relate to the subject matter of this policy. C. Duties In The Event Of Occurrence, Claim Or Suit 1. You must see to it that we are notified as soon as practicable of an "occurrence" which may result in a claim under this policy. This requirement applies only when such "occurrence" is known to any of the following: a. You or any additional insured that is an individual; b. Any partner, if you or an additional insured are a partnership; c. Any manager, if you or an additional insured are a limited liability company; d. Any "executive officer" or insurance manager, if you or an additional insured are a corporation; e. Any trustee, if you or an additional insured is a trust; or f. Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. To the extent possible, notice should include: a. How, when and where the "occurrence" took place; b. The names and addresses of any injured persons and witnesses; and c. The nature and location of any injury or damage arising out of the "occurrence" or "offense". 2. If a claim is made or "suit" is brought against any insured, you must: a. Immediately record the specifics of the claim or "suit" and the date received; and b. Notify us in writing as soon as practicable if the claim is likely to exceed the amount of the "self -insured retention" or "underlying insurance", whichever applies. 3. You and any other involved insured must: a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit" involving or likely to involve a sum in excess of any "self - insured retention" or "underlying insurance", whichever applies"; b. Authorize us to obtain records and other information; c. Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and d. Assist us, upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this policy or any "underlying insurance" or "self -insured retention" may apply. 4. No insured will, except at that insured's own cost, make or agree to any settlement for a sum in excess of: a. The total limits of "underlying insurance"; or b The "self -insured retention" if no "underlying insurance" applies without our consent. 5. No insureds will, except at that insured's own cost, make a payment, assume any obligation, or incur any expenses, other than first aid, without our consent. D. Assistance And Cooperation Of The Insured The "insured" shall: 1. Cooperate with us and comply with all the terms and conditions of this policy; and 2. Cooperate with any of the underlying insurers as required by the terms of the "underlying insurance" and comply with all the terms and conditions thereof. The "insured" shall enforce any right of contribution or indemnity against any person or organization who may be liable to the "insured" because of "bodily injury", "property damage" or "personal and advertising injury" with respect to this policy or any "underlying insurance". E. Legal Action Against Us No person or organization has a right under this policy: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or Page 10 of 14 Form XL 00 03 09 16 Named Insured: Huitt-Zollars, Inc- b. To sue us on this policy unless all of its terms and those of the "underlying insurance" have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but, we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the limit of liability. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. F. Appeals In the event the "insured" or the "insured's" underlying insurer elects not to appeal a judgment in excess of the "underlying insurance" or the "self -insured retention," we may elect to make such appeal, at our cost and expense. If we so elect, we shall be liable in addition to the applicable Limit of Insurance, for the: 1. Taxable costs; 2. Disbursements; and 3. Additional interest incidental to such appeal; But in no event will we be liable for "damages" in excess of the applicable aggregate Limit of Insurance. If a judgment is rendered in excess of the limits of "underlying insurance" and we offer to pay our full share of such judgment, but you or your underlying insurers elect to appeal it, you, your underlying insurers or both will bear: a. The cost and duty of obtaining any appeal bond; b. The taxable costs, disbursements and additional interest incidental to such appeal; and c. Any increase in damages over the amount the matter could have been settled for after the verdict was entered and before the appeal was filed. G. Other Insurance This policy shall apply in excess of all "underlying insurance" whether or not valid and collectible. It shall also apply in excess of other valid and collectible insurance (except other insurance purchased specifically to apply in excess of this insurance) which also applies to any loss for which insurance is provided by this policy. These excess provisions apply, whether such other insurance is stated to be: 1. Primary; 2. Contributing; 3. Excess: or 4. Contingent. H. Transfer Of Rights Of Recovery Against Others To Us 1. Transfer Of Rights Of Recovery If the insured has rights to recover all or a part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after a loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. a. Recoveries shall be applied to reimburse: (1) First, any interest (including the Named Insured) that paid any amount in excess of our limit of liability; (2) Second, us, along with any other insurers having a quota share interest at the same level; (3) Third, such interests (including the Named Insured) of whom this insurance is excess. However, a different apportionment may be made to effect settlement of a claim by agreement signed by all interests. !b. Reasonable expenses incurred in the exercise of rights of recovery shall be apportioned among all interests in the ratio of their respective losses for which recovery is sought. 2. Waiver Of Rights of Recovery (Waiver Of Subrogation) If the "insured" has waived any rights of recovery against any person or organization for all or part of any payment we have made under this policy, we also waive that right, provided the "insured" waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. I. Changes This policy contains all the agreements between you and us concerning the insurance afforded. Notice to any agent, or knowledge possessed by any agent or any other person shall not effect a waiver or a change in any part of this policy, or stop us from asserting any rights under the terms of this policy. The Named Insured first shown in the Declarations is authorized on behalf of all "insureds" to agree with us on changes in the terms of this policy. If the terms are changed, the changes will be shown in an endorsement issued by us and made a part of this policy. Form JCL 00 03 09 16 Page 11 of 14 Named Insured: Huitt-Zollars, Inc. J. Separation Of Insureds Except with respect to the Limits of Liability, and any rights or duties specifically assigned in this policy to the Named Insured first shown in the declarations, this insurance applies: a. As if each Named Insured were the only Named Insured: and b. Separately to each insured against whom claim is made or "suit" is brought. K. Maintenance Of Underlying Insurance Policies affording in total the coverage and limits stated in the Schedule of Underlying Insurance Policies shall be maintained in full effect during the currency of this policy. Your failure to comply with the foregoing shall not invalidate this policy, but in the event of such failure, we shall be liable only to the extent that we would have been liable had you complied herewith. The Named Insured first shown in the Declarations shall give us written notice as soon as practicable of any of the following: 1. Any change in the coverage or in the limits of any "underlying insurance", including but not limited to a change from occurrence coverage to claims made coverage; 2. Termination of part or all of one or more of the policies of "underlying insurance"; 3. Reduction or exhaustion of an aggregate limit of liability of any "underlying insurance". The "self -insured retention" shall not apply should the "underlying insurance" be exhausted by the payment of claims or "suits" which are also covered by this policy. L. Cancellation 1. The Named Insured first shown in the Declarations may cancel this policy by mailing or delivering to us or to any of our authorized agents advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the Named Insured first shown in the Declarations at the address shown in this policy, written notice of cancellation at least: a. 10 days before the effective date of cancellation if such Named Insured fails to pay the premium or any installment when due; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. If notice is mailed, proof of mailing will be sufficient proof of notice. Notice will state the effective date of cancellation. The "policy period" will end on that date. Delivery of such notice by the Named Insured first shown in the Declarations or by us will be equivalent to mailing. 4. If the Named Insured first shown in the Declarations cancels, the refund may be less than pro rata, but we will retain any minimum premium stated as such in the Declarations. If we cancel, the refund will be pro rata. The cancellation will be effective even if we have not made or offered a refund. M. Non -Renewal 1. If we decide not to renew, we will mail or deliver to the Named Insured first shown in the Declarations, at the address shown in this policy, written notice of non -renewal at least 30 days before the end of the "policy period". 2. If notice is mailed, proof of mailing will be sufficient proof of notice. 3. If we offer to renew but such Named Insured does not accept, this policy will not be renewed at the end of the current "policy period". N. Workers' Compensation Agreement With respect to "bodily injury" to any officer or other employee arising out of and in the course of employment by you, you represent and agree that you have not abrogated and will not abrogate your common-law defenses under any Workers' Compensation Law by rejection of such law or otherwise. If at any time during the "policy period" you abrogate such defenses, the insurance for "bodily injury" to such officer or other employee automatically terminates at the same time. O. Bankruptcy Or Insolvency In the event of the bankruptcy or insolvency of the "insured" or any entity comprising the "insured", we shall not be relieved of any of our obligations under this policy. P. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. The statements in the Schedule Of Underlying Insurance Policies are accurate and complete; c. The statements in a. and b. are based upon representations you made to us: d. We have issued this policy in reliance upon your representations; and e. If unintentionally you should fail to disclose all hazards at the inception of this policy, we shall not deny coverage under this policy because of such failure. Page 12 of 14 Form XL 00 03 09 16 Named Insured: Huitt-Zollars, Inc. SECTION VII - DEFINITIONS Except as otherwise provided in this section or amended by endorsement, the words or phrases that appear in quotation marks within this policy shall follow the definitions of the applicable "underlying insurance" policy. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage". "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement; or 2. Any claim or "suit" by or on behalf of a governmental authority demanding that the "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". "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": (1) That are, or that are contained in any property that is: a. Being transported or towed by, handled, or handled for movement into, onto or from, any "auto"; b. Otherwise in the course of transit by or on behalf of the "insured"; or c. Being stored, disposed of, treated or processed in or upon any "auto"; or (2) 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 any "auto"; or (3) After the "pollutants" or any property in which the "pollutants" are contained are moved from any "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of an "auto", covered by the "underlying insurance" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury," "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in paragraphs 6.b and 6.c. of the definition of "mobile equipment". Paragraphs b. and c. 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 an "auto" covered by the "underlying insurance" 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 the "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. "Damages" include prejudgment interest awarded against the "insured" on that part of the judgment we pay. "Damages" do not include: 1. Fines; 2. Penalties; or 3. Damages for which insurance is prohibited by the law applicable to the construction of this policy. Subject to the foregoing, "damages" include damages for any of the following which result at any time from "bodily injury" to which this policy applies: 1. Death; 2. Mental anguish; 3. Shock; 4. Disability; or 5. Care and loss of services or consortium. "Insured" means any person or organization qualifying as an insured in the applicable WHO IS AN INSURED provision of this policy. The insurance afforded applies separately to each "insured" against whom claim is made or "suit" is brought, except with respect to the limit of our liability under LIMITS OF INSURANCE (SECTION IV). "Occurrence" means 1. With respect to "bodily injury' or "property damage": an accident, including continuous or Form XL 00 03 09 16 Page 13 of 14 Named Insured: Huitt-Zollars, Inc. repeated exposure to substantially the same general harmful conditions, and 2. With respect to "personal and advertising injury": an offense described in one of the numbered subdivisions of that definition in the "underlying insurance". "Policy period" means the period beginning with the inception date stated as such in the Declarations and ending with the earlier of: 1. The date of cancellation of this policy; or 2. The expiration date stated as such in the Declarations. "Self -insured retention" means the amount stated as such in the Declarations which is retained and payable by the "insured" with respect to each "occurrence". "Underlying insurance" means the insurance policies listed in the Schedule of Underlying Insurance Policies, including any renewals or replacements thereof, which provide the underlying coverages and limits stated in the Schedule of Underlying Insurance Policies. The limit of "underlying insurance" includes: I. Any deductible amount; 2. Any participation of any "insured"; and 3. Any "self -insured retention" above or beneath any such policy; Less the amount, if any, by which the aggregate limit of such insurance has been reduced by any payment relating to any act, error, omission, injury, damage or offense for which insurance is provided by this policy, including Medical Payments Coverage as described in the "underlying insurance." The coverages and limits of such policies and any such deductible amount, participation or "self -insured retention" shall be deemed to be applicable regardless of: 1. Any defense which any underlying insurer may assert because of the "insured's" failure to comply with any condition of its policy; or 2. The actual or alleged insolvency or financial impairment of any underlying insurer or any "insured". The risk of insolvency or financial impairment of any underlying insurer or any "insured" is borne by you and not by us. Page 14 of 14 Form XL 00 03 09 16 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 46 WE 01-6H1G Endorsement Number: Effective Date: 09101 /24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: HUITT ZCLLARS, INC. 5430 LBJ FREEWAY, SUITE 1500 DALLAS TX 75240 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 shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any person or organization for whom you are required by contract or agreement to obtain this waiver from us. Endorsement is not applicable in KY, NH, NJ or for any M❑ construction risk Countersigned by Authorized Representative Form WC 00 03 13 Printed in U.S.A. Process Date: Policy Expiration Date: 09/01/25 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 46 WE 01-61-11G Endorsement Number: Effective Date: 09/01/24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: HUITT ZOLLARS, INC. 5430 LBJ FREEWAY, SUITE 1500 DALLAS TX 75240 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. E-16]IV, l4611144 Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: 09/01/25 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 46 WE 01-61-11G Endorsement Number: Effective Date: 09/01/24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: HUITT ZOLLARS, INC. 5430 LBJ FREEWAY, SUITE 1500 ❑ALLAS TX 75240 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 1. { } Special Waiver Name of person or organization F1 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 (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Operations 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Form WC 42 03 04 B Printed in U.S.A. Process Date: Policy Expiration Date: 09/01/25 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number: 46 WE 01_6H1G Endorsement Number: Effective Date: 09/01/24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: HUITT ZOLLARS, INC. 5430 LBJ FREEWAY, SUITE 1500 DALLAS TX 75240 This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. F1 If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Form WC 99 03 94 Printed in U.S.A. Process Date: Policy Expiration Date: 09101/25 © 2011, The Hartford THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number: 46 WE OL6H1G Endorsement Number: Effective Date: 09/01/24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: HUITT ZOLLARS, INC. 5430 LBJ FREEWAY, SUITE 1500 DALLAS TX 75240 This policy is subject to the following additional Condition: A. If this policy is cancelled by the Company for non- payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. F1 Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Form WC 99 05 31 Printed in U.S.A. Process Date: Policy Expiration Date: 09101/25 © 2011, The Hartford Named Insured: Huitt-Zollars, Inc_ Policy # 46UENOLS276 Hartford Casualty Insurance Co. COMMERCIAL AUTOMOBILE HA 99 16 12 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I IL ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form; the provisions of this endorsement apply. 1. BROAD FORM INSURED Paragraph .1. - WHO IS AN INSURED - of Section It - Liability Coverage is amended to add the following: d. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" tinder such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 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. Employees as Insureds (1). Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. f. Lessors as Insureds (1). The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (a) The agreement requires you to provide direct primary insurance for the lessor and (b) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire, g. Additional Insured if Required by Contract (1) When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (a) During the policy period, and (b) Subsequent to the execution of such written contract, and Form HA 99 16 12 21 © 2021, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) Page 1 of 5 Named Insured: Huitt-Zollars, Inc. Policy # 46UENOL5276 Hartford Casualty Insurance Co. (c) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. 2. Primary and Non -Contributory if Required by Contract Only with respect to insurance provided to an additional insured in A.1.g. - Additional Insured If Required by Contract, the following provisions apply: (1) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (21 Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution frorn that other insurance. Paragraphs (1) and (2) d❑ not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in SECTION IV - Business Auto Conditions, B. General Conditions, Other Insurance 5.d. 3. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The SECTION IV- Business Auto Conditions, B. General Conditions, 5. OTHER INSURANCE Condition is amended by adding the following: e. If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. Page 2 of 5 Form HA 99 16 12 21 Named Insured: Huitt-Zollars, Inc. Policy # 46UENOL5276 Hartford Casualty Insurance Co. 4. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your '"employees". Coverage is excess over any other collectible insurance. 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households, 6. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 7. LOANILEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges: excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 8. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 9. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs BA - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1 ) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b. Section III, Physical Damage Coverage, Limit of Insurance, Paragraph C.2, is amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: Form HA 99 16 12 21 Page 3 of 5 Named Insured: Huitt-Zollars, Inc. Policy # 46UENOL5276 Hartford Casualty Insurance Co. (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 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 10.EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 11, GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 12. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an autonnobile poficy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 13. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 15, HIRED AUTO -COVERAGE TERRITORY SECTION IV, BUSINESS AUTO CONDITIONS. PARAGRAPH B. GENERAL CONDITIONS, 7. - POLICY PERIOD, COVERAGE TERRITORY - is added to include the fallowing: (6) For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 16. WAIVER OF SUBROGATION Paragraph 5. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS A. Loss Conditions is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 17. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFfNITIONS, C. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 18. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail of deliver to the first Named Insured written notice of cancellation at least 64 days before the effective date of cancellation_ Page 4 of 5 Form HA 99 16 12 21 Named Insured: Huitt-Zollars, Inc. Policy # 46UENOL5276 Hartford Casualty Insurance Co. 19. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, ❑r Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b. The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one ,loss" is $10,000. For the purposes of the coverage provision, a. A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b. A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 20. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any ❑ne "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted ❑r magnetically affixed to the vehicle are not considered vehicle wraps. Form HA 99 16 12 21 Page 5 of 5 TSB';-committed to our clients August 30, 2024 City of Fort Worth 100 Ft. Worth Trail Fort Worth, TX 76102 RE: FLATIRON CONSTRUCTORS. INC. Design -Build Services: Wagley Robertson Road City Project No. 104154 This letter confirms that Flatiron Constructors, Inc. is a valued client of Turner Surety and Insurance Brokerage, Inc., as bonding agent, and of the co -surety team of Liberty Mutual Insurance Company (A.M. Best Rating: A XV), Travelers Casualty and Surety Company (A.M. Best Rating: A++ XV), Fidelity and Deposit Company of Maryland (A.M. Best Rating: A+ XV)1 Zurich American Insurance Company (A.M. Best Rating: A+ XV), Federal Insurance Company (A.M. Best Rating A++ XV), The Continental Insurance Company (A.M. Best Rating: A XV), and Berkshire Hathaway Specialty Insurance Company (A.M. Best Rating: A++ XV), ("co -sureties" or "co -surety"). Flatiron's reputation for high quality performance and management is prominent throughout the construction industry in the United States and their bonding capacity is supported by these co -sureties who will consider supporting single projects in excess of $1 billion. There is aggregate market support up to $12.5 billion. Please understand this letter is not an assumption of liability, nor is it a bid, performance, or payment obligation. Should we receive a request from Flatiron to provide bonding support for this project they will be able to provide a Performance and Payment Bond each in the full amount of the contract; but any co -surety involvement will be contingent upon the full satisfaction of all underwriting terms and conditions at the time of the request. Further, any statement of potential surety support contained herein should be viewed as a general bonding reference and, as such, the co -sureties assume no liability to third parties, or to you, by issuance of this letter. Each co -surety participant is listed in the United States Department of Treasury Circular 570 dated July 1, 2024, and is licensed to transact business in all 50 states, Sincerely, Michael Dugan Surety Broker iumor 5uretV A Inswrdnre Brokeroge 1 250 Mile Avenue I Smite 311 + Saddle 9rook, N! 07663 201 2G7 7530 1 tsibinc.com I CA License 40EBI395 COVER LETTER May 23, 2024 David IWendick PE —Project Narog Transportaticai and Public Vlbrks Department 200 Texas Street Fort Vlbrth, Texas 76102 FLINT IR0N Re, Proposal for Design -Build Services for Wagley Robertson Road I City Project No. 104154 Dear Contracting Officer and Members of the Selection Committee, Our team is excited for the opportunity to expand upon our statement of qualifications and submit the following proposal to the City of Fort V\brpn (Qty) for the Design --Build Services for VV3Jey Robertson Road MR Fined) protect. Flattiron Consbvdors, lnc, (Flatiron), in tandem with our roadway and bridge engineering firm, Huitt-Zollars, Inc, (Hunt-Zollars), is uniquely qualified to partner with the City an this critical infrastructure development project. Leveraging our previous experience success illy car5tnacting ccilaborative delivery projects, including the progressive design -build (PDB) Lake Ralph Hall Roadway Relocation project, we are eager to help the City address flooding issues, a growing population, and traffic demands by constructing a WR Road project that crosses Big Fossil Creek and the Tributary to Big Fossil Creek, improves roadway safety, and provides critical roadway connections to the adjacent neighborhoods. Our extensive experience executing desigrrbuiid (DB) and aitm-native delivery oarntracts equips us to effectively address d-Merges, manage risks, and control budgets and schedules. This expertise will be instrumental in assisting the City achieve the WR Road project's goals of an efficient delivery timeline, increased/enhanced functionality and mobility, reduced impacts to homeowners and business owners, reduced risks to the project and traveling public, and effective cost management approaches. We will exceed your expectations in the PDB process by working closely with key stakeholders, including the City's Project Manager, David Kastendick, PE, Freese and Nichols, Inc. (the City's Owner's Advisor), the Transportation and Public Works Department. and neighboring communities. Flatiron's experienced PDB team specializes in implementing innovative solutions to save costs without compromising quality. The flexibility in the PDB model allows for adjustments and refinements as the project progresses to effectively address unforeseen challenges common in large infrastructure projects, while meeting evolving community needs and environmental considerations. Our recent experience in collaborative delivery and PDB projects equips us to collaborate with stakeholders and subcontractors effectively. This collaboration helps establish a precise schedule. identify critical paths, and manage key risks and milestones. We draw from this experience to provide construction sequencing Insights that minimize Impacts on residents and businesses while emphasizing safety. Having successfully delivered more than $24 billion in collaborative infrastructure projects across North America, Flatiron possesses specialized experience in constructing highway, bridge, and airport projects. With 77 years of relevant experience and a robust workforce, we are well-equipped for challenging projects, and our track record of successfully reaching a GM 100% of the time with seamless preconstruction-to-construction trans! lions reflects our expertise in collaborative delivery methods. Our proposal is valid for 90 clays from subirission. We acknowledge receipt of Addendum #1 (5J212024), ft have obtained a listing of Business Equity Fors from the City of Fort Vlibrth's CI . G.:, of diversity and Inclusion, and v* certify that me previa isly subrnitted a Conflict of Interest questionnaire during the SOQ phase of the procurement process. We look forward to partnering with you on this important community project. Sir>cerely, K�,._7�f Kurt Knebel, Vice President Texas District NFauiager I Flatiron Canstiadors, inc. (512) 916-9260 j kknebel@fiatironcorp.com RAMON CCNSTRLCTCR& rr+lC. 11 Design-&Wa Services for Ekfension of Everman Parkway 1 F LNT I R 0 N PROPOSAL FOR DESIGN -BUILD SERVICES FOR WAGLEY ROBERTSON ROAD City Project No.: 104154 Prepared For: The City of Fort Worth Transportation and Public Works Department Submittal Date: May 23, 2024 Submitted By: Flatiron Constructors, Inc. \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ Tab 2: TECHNICAL PROPOSAL A. DETAILED PROPOSED TEAM AND WORK PLAN/APPROACH PRECONSTRUCTION PHASE TEAM AND WORK PLAN A) FILLING KEY PROJECT ROLES -YOUR KEY PERSONNEL Our team inducting the key oom lmnies arnd personnel listed below, wilt be actively involved in every phase of the project, from premnstruction through eorrpletian. Involving the team throughout the design development process encourages collaboration and promotes engagement and knoWedge sharing, ultimately resulting in a more successful project. Brad Fox j "RG;LLT MANmuEV Brad has over 11 years of proven project ma, success on collaborative delivery projects, and has delivered :i previous City of Fort Vbrth projects, Including the Aliance Airport Runvoy Extension. Avoon�on Role I Brad will promote best practices, unify design and construction, enhance eor municaton, and support the QtVs goals and project corrin fitments. He is ultimately responsible for Patron's safety, quality, and tirrreliness. Oxnftmtro-r Role I Brad wiil be responsible for the day -today delivery of the project. 5rupevising the entire }project team, he will be responsible for the project's schedule, safety, quality and ensuring that the aw&s project goals are met. Bala Ponnusamy, PE I RFCONSTROCTION MANAGER Bata has 15+ years of industry experience, irndudirg 8 spent delivering alternative delivery projects. Bala leverages a collaborative and solution based ayp umJ , to complete projects within schedule and budget. ADocv�on Role I Bala Wll lead construdibility reviews, manage estimating resources while prnrrroting value engineering j F) opportunities, and manage integration strategies as the project transitions into corenaction. Greg Vowels, PE I ENGINEER OF RECORD Throughout Creg' s 30+ years of experience as an Engineer of Record/Lead Designer, Project Nlanager, and Design Task Lead, he has served in prominent roles o7 more than 50 projects with elements similar to the VVR Read project. Aec�c on Role I Greg WlI lead the design team in progressing the V\R Road project design to C4 P and RFC. He wII bung the Citys goals and co r►ritrrants into reality, while using CWOC best practices, applying lessons learned from previous PMs with Flatiron, and leveraging the latest technology. Cons�on Role I Greg will lead the design learn in supporting design optimization as opportunities for cost savings are identified. Karl Sorenson I ONSTRUC.TION MANAS�R Karl oversees subcontractors and self -performing pews, coordinates with project marajerrent tears and owner representatives, and upholds a "safety first" project environment, while meeting project goals. Karl's experience includes tarn construction, concrete bridge paving, and utility relocation. Racornrijcdorr Role I Karl's in-<Wh knowledge of roadvvay ocristr-trction projects will help identify potential roadblocks and ensure that the cor istructian phase gets off to a quick start. Caristr�on Role I Karl will lead all self pt-,i fu,,z;,] and sUb," ,t, otd,.l worst, engage with stakeholders to communicate progress, attend awr ier meetings and weekly safety meetings, and mk with engineers to ensure vve are providing a quality end product. Tom Gee I -.iAi mi km!,mnrr. w Tour has 42 years of experience in the heavy avil industry. He oversees the quality ma„ w, , G, it of construction projects in North Texas. and is adept at creating quality ma, it plans and providing guidance to staff regarding the effectiveress of QC. A �..,. &.:.action Role I Toms primary responsibility is to develop the CWQC plan during preoci%tucton. CorN tr6on Role I Tom Wl I be responsible for implen-eling a CYVQC program developed during p m" ,mot, action and ensuring that all work put in place is within specification. FT_AT1 CN CONSTRt.1CTOR5, INC. 11 Design -Build Services fo+Wagley Robertson Road 1 B) PRECONSTRHCTION APPROACH Tools for Managing Cost and Schedule Cdlaboraation, transparency, and tnast are the three keys to suaoess for PCB projects. These keys are built into Flatiron's pricing approach, which is ari open -book process that will be than pioned by Project Manager- Bract Fax., in tandern with Preconstrtrction Manager, Baia Ponnusany, PE; Lead Estimator, Clarence Smith, PE; and Ratiron's Texas -based estimating team Cur team has been suooessfully bidding on Texas projects for nearly 20 years, and our history of proven success in Texas will be leveraged during each step of 0 mu -A K�u uction as we collaborate wth the City, the i ndependent cost estimator (ICE), and all other stakeholders as we v+,ork toward arriving at an agreed -upon CHIP Flatiron's tools for cost estimating, and monitoring/managing schedules irid ude HCSS HeavyBid, Building Connected, Crade N nnavera P6, and mhnre. ar esti mating team will vu with Huitt-Zoi ars to develop a schedule Lased on takeoff quantities, production experience, and an optimized phasing sequence in accordance with project goals. Flatiron will submit a preliminary project schedule prior to design, fdlovvd by a baseline schedule. Construction Sequencing/ Franchise Utility Requirements ARS Engineers. Inc, (ARS) will provide utilities, SUE, and design survey services dudrxg preconstnxtion. Their approach begins Wth an i nrruedlate, ,, , 1, el -. wive review of the existing uti I hies to verify the completed subsurfaoe utility engineenng (SUE). ARS „ , . , r-. rib oon pleting quality level (CiLYDIC SUE within the project socp e and CL-B/A SUE, as needed, in areas outside of the origi4 SUE investigation or to confirm utility depths, Utility knfoamfion W11 be into I-kJtt-Zc lars 3D rnodel to show true utility locations in relation to proposed construction activities. Using the data gathered durrng the SUE investigation, ARS will corrpare the proposed design to existing utility data, identify utility conflicts, and prepare a utility conflict matrix XM). ARS vvill evaluate methods of ninirriang project inVad by • Coordinating design changes Wth the aty to resdve utility conflicts • Identifying ublibes that mray be protected in oace • ArconTnodating unavoidable relocations using duct ranks, private easement, or specific construction phasing ARS will continually update the LiCM and develop a utility conflict exhibit based on additional SLUE irlforrnation, inforrnhation from utility o\+vrnets, and changes. After reviewing all pitposed osed utility relocation, ARS will determine high priority adjustments based on safety, project tin -dine, utility service disruptions, coast, and material availability. Using these considerations and the final UCK ARS will prioritize adjustments by creating a ccns rraction rrianagenr,t plan (CK/P) for utilities that are anticipated to conflict with the proposed construction The C1VP is organized by eonstrrx tion phase and updated throughout the project. It includes the utility owner, conflict(s) unable to be resdved by the start of canst+uction, and projed schedule in -pact. Utility adjusti-nents happening concurrently with the roadway u-n iu s work are phased out based on work zones to avoid short-term mobilization and mToex sequencing. Areas not available to the u-A f,xoL lu or to the utility in certain phases due to ROW acquisition, or utility conflicts are reflected in the CNP and cormnt.rnicated to the project team If utility conflicts are not resolved prior to GN1P, ARS will make all attempts to avoid extends ng the overall project duration by acoountirlrg for associatedti.;-, yes in the CNP, dearly identifying constrained mark areas during each phase, and maintaining a realistic and feasible schedule. ARS vvilI review all proposed utility relocations or adjustments for construdability, cost-effectiveness, conWibility Wth V\R Road p pied design features, and design carrialiance with federal, state, county, and City requirements. Creating an accurate schedule of vkr}k for each utility and identifying long4ead items or pinch points early vvill mitigate project delays, additional costs, and safety risks_ Identifying Risks and Coordination Requirements During Design Development At kickoff, our team the City; and key stakeholders will build the initial risk register in addition to the Design Criteria Package (DCP) Rsk Assessment. Biweekly risk meetings co�red by Project Manager, Brad Fox, and the Gty's Project Manager, Davits Kastendidk, will prioritize the status of each risk, potential financial impact, plan for addressing the risk, provide an overall risk status update, and identify mitigation plans in rea! tirre. Through innovation, design refinement, and early work, we will identify coordination requirements and lower the potential financial and schedule impact associated with project risks. (Dur process for determining risk and eontingerncy is found in Figure 1 below. Figure 1: G9t&-ail-Nng Rsk- af�d Galdilx�er)cy IDENTIFY I Idengy potential risks by analyzing various aspects of the project (e.g., financial, operational, and environmental factors). ROOT CAUSE ANALYSIS { Hold tranparerrt vcrkshop to idsn* root causes, create mitigation strategies, and develop optimal sdution Less each risk's impact on the scope, schedule. hxxic, arnciquality, topre{aarefor corrtirrgelxypianring. MITIGATE & MANAGE I Determine risk severity ar►d likeiihood, rnxify design far mitigation, and decide to aooept or share the risk Track nifigaticn efforts, docshlent lessons learned, contiruo sly reAa4ajust risk motion strategies. RAMON OONSTRUCTORS, INC. It Design -Build Services for Wagley Robertson Road 2 CONSTRUCTION PHASE TEAM AND WORK PLAN A) ADDITIONAL COMPANIES FILLING KEY PROJECT ROLES As it currently stands, our team is set —the team , , z ,..tri z. shmm on page 1 wifl be the team tasked with delivering the WR Road project. If a need for additiond project roles is realized during preconstrt lion, we will leverage our deep pod of Texas resources and relationships to ensure our team is adequately staffed with the design and construction expertise needed to deliver this proect on behalf of the City. To ensure versatility and responsiveness, potential roles for additional expertise fright include specialized environmental consultants to handle unexpected findings during construction or additional traffic management specialists to minimize disruptions in high -traffic Imo. 8) UNDERSTANDING OF RISK The Flatiron team has analyzed the project documents (e.g. risk register, design criteria, geotechnical report, existing topographic ini'd ration, and existing utility record dravvirxgs) and developed an indeperuient preliminary risk register based on our PDB epen&- e and history of delivering similar projects. This risk register, detailed in Behibit 1 on page 5, outlines the rrost significant risks typical of transportation projects, and specific risks that could ink the WR Fbad project's objectives. Our approach to rritigatng these risks is wed on our extensive experience with similar PDB projects and includes strategies that have proven successful in past projects. Managing Risk t4 Ensure Budget, Schedule, Quality To effectively manage project risks and capitalize on opportunities, Flatiron integrates risk, � ., ,c yc, i m tL into our u m , v ti r-, "'Ve project ,�V vcRJ , through technical mxi<Jng groups FO) s). This integration ensures that the budget, schedule, and overall quality of the projed are maintained. As noted earlier, the live risk register developed by our team allows for ongoing, cross -discipline revieAis of potential risks and opportunities, ensuring all team , , " P lxA o are aware and engaged in proactive risk mitigation. This register is continually accessible to various ma, ki�,, r-,,t levels, facilitating timely decisiorrmaking and risk sharing that leads to optima! project outcomes. in addition to risk management, our TMs actively pursue value engineering opportunities and innavative solutions, leveraging our technical e>pedise to deliver an efficient, high -quality design to the City. C) SAFETY AND QUALITY CONTROL APPROACH Managing Job Site Safety ,.lob site safety begins with fostering a culture where everyone is charged with and accountable for n-eking safety the number one priority. Safety is one of our core values, and we are conT fitted to achieving zero lost -time injuries and preventing any incidents throughout the life of the project. RATlrtoN pow, INC. It Design -Build Services for Wagfey Robertson Road 3 Tasked with managing our job site safety will be Safety Manager, James WhIcik, vvho will Leverage his 30+ years of heavy dvil construction experience to develop and cxxrmunicate our V>Wey Fuson Fbad Safety Plan. In addition to this plan, we will ensure that safety is prioritized over any other project i �" r-i f, by providing James a direct line of corm-unication to the executive cor rn ittee. VVAng in tandem with James, Project Manager, Brad Fox, will spearhead the irrplementation of the VVagley Robertson Road Project Safety Plan throughout the jab site, dearly establishing safety as a critical responsibility for anyone on the project. Managing Quality Control Flatiron has developed a robust quality program based on ISO 9Q01, that has provided scccessfid outcomes for dozens of award-wnnning projects natiorwde.111,tr believe that quality begins at project start up and continues through final acceptance of oxOructlon. Our quality objectives are to met or exceed the Qtys expectations and to diminate rework by planning and constructing the work right the first time. We monitor our performance against these ol�ecbves and require oontinual i rYproven-ent from al I team l IICA I LG11. Re Vlbgley Robertson Road Project Quality Ma uy,,,., �l Plan (C W) includes input from all levels and disdplines across our team V` e WII ensure the Gty's satisfaction by: • Reviewing project oorArad fequirenrunts and the CNIP and procedures for corrpatiloility • Allocating trained and qualified staff resources • Perforning internal quality audits at intervals that will ensure compliance with this plan • Integrating Oty personnel with l=latiron'steam • Meeting regularly with the Oty and stakeholders, as appropriate, to address and mitigate concerns Owality Manager-, Tam Gee, will develop and manage our OW to ensure proper docurnentation and 03rroiance with project goals, contract documents, regulatory requirements. and industry standards. Throughout the life of the project, Tom will lead the evaluation of the reeds for i, 6-c t testing resources, equiprrent, personnel, and training. Al of our construction personnel will have the education, experience, qualifications, and training needed to perform t}w job functions at a high level. Quality Colitl d of W-Pl:. ; , , . , J and Subm 16 o,4r.J Vbrk Quality is the responsibility of our entire prejed team, induding subcontractors and suppl iers. Tom oversees the effective i rrplerrentatiorn of the QC program by al I team i i r-i , Lt:,; z,, i nd uding sLIL Lu 6 alors. and suppliers, Our subcontracts requi re that each subcontractor adheres to our designated project - specific QC requirements. We select prospective subcontractors the mk. Sy engaging with subcontractors regularly, u�e rrbnitor for quality, safety, and envi u r-, 4A standards and con-pliance. Through regular meetings, we maintain open communication and support our subcontractors on the project. Our QC program also requires periodic audits of sutAAA and suppliers. As a proactive measure, our team frequently visits the supplier casting yard to make sure that they are fdlcWng the Citys procedures for quality, reducing the risk of errcountenng quality issues on -site. Our team has been carefully structured to include industry experts for self r,GE f,, - - ,,f arxd srl !u,,J vvork who have a proven history of uphdding the quality standards of previously successful projects. VVe have engaged the following key subcontractors to join our team during precomtruction: • Huitt-Zollars, Inc. (Prirre COnsultazt, tread Designer) • AIRS Engineers, Inc. (SUF— Survey)' • EVIL Engineers & Consultants, Inc. (Geotechnical)** • Nancy Ledbetter &Associates, Inc. (Public Oatreachr 'Certiffed MIWBB Subconsultant R AMON CONlSTRU� INC. It Design -Build Services for Wrigley Robertson Road 4 Exhibit is Preliminary Risk Register The need for a CLUVR will be eliminated through early evaluation of Hydraulics and The indicative design requires a six-to-nine-nwth delay behm�en design alternatives to increase floodplain efficiency via overhank grading in Floodplain P+errritting and construction to obtain a FEW Condibor el Leiter of Nlap Revision oxcet Wth relocating or adding additional inl`r tructure beneath Jetliner (CLCNR). Avenue. Close coordination with the City's floodplain department is recessary to receive oonoun-ernce on awuaJ r to eliminating the CLCMIIR Utility Relocation and IVlajor utility relocations involving coordination with rrultipie utility Irrpiemed early and ongoing coordination with utility providers, use Coordlrtatron stakeholders like C'1•COR Nfdstream Enlink, Barnett C�thering, and the subsurface utility engineering (SUE) to avoid conflicts, and ensure any Qty's gas and water departments are required wthin the ROW necessary relocations are managed efficiently, Traffic Management marring Construction Errvi-. Compliance Material Procurement and Availability The WR road project will affect traffic patterns significantly, necessitating develop a phased traffic control plan, clearly communicate changes to a comprehensive traffic control plan that minimizes impacts on local traffic the public, aril irrplement safety meeisrures (e.g., temporary bamers) to and ensures safety. Construction activities must comply with environmental regulations. particularly regarding sedimentation control and watercourse protection. Delays in material procurement could impact prged schedule and costs, especially for aitical iters like precast bridge elerrents and drainage structures. manage flow and safety during construction phases. Design mitigation strategies (e.g., temporary culverts and d-cannel regrading) to rrirnirrize environmental imp, and secure all necessary envirn)n-errtal pen-i its. Establish early proweawt strategies, lock in prices to avoid cost escalations, and coordinate closely Wth suppliers to ensure the timely delivery of all necessary materials. Preiect success is dependent on effective com-r -rnicat on and cooperatia-i Leverage the expertise of our public outreach subaaitrador. Stakeholder E, it Wth stakeholders, inducting the Retreat at Fossil C c and Fossil Creek Nancy Ledbetter & Associates (NLA), to develop a con-prehensive �` �` " Estates subdivisions (W#ers Bend and Waters Bend South), Allegra conTmnication plan tf of includes regular updates, coinTr unity involverient and Corrnunication Nance Dennentary Sdxd, Fort Vbrth Irdependeit School District (ISD), meetings, and feedback nacfwisrrs to keep stakeholders informed and Eagle Mountain -Saginaw ISD, Northwest ISD, first responders, and more. engaged throughout the project life cycle. Design and Construction Ensuring high -quality design and corn tneon is essential to meeting Inplerrent a rcbx t C NOC plan that includes regular reviews, inspections, Quality project specifications and preventing future maintenance issues. and tests throughout the project to maintain quality star lards any] compliance. FLAnRL-N CONSTRUCTORS, INC. k Design -Build Services for Wagley Robertson Road PROTECT SCHEDULE APPROACH TO PROJECT SCHEDULING 0ff approach to project schedule and construction sequencing is based on experience from previous similar projects, risks identified from the provided documents, and on -site findings. Critical activities such as flood plainlenvironmental permit approvals, utility relocations, and RDW acquisition are the drivi ng factors for the project schedule. As shaven in the proposed phased ooristniction sequence in Exhibit 2 on page 7, our schedule qipumJ , (see Figure 2 below and Exfhibit 3 on page 8) was infoaTed by these identified risks and is intent on minimizing traffic impacts during eonsh ction vaithout total road closures by maintaining emsting traffic active along Wagley Robertson Road. With major drainage improvement activities depending on the acquisition of floodpiain development permts (i.e., CLCfVR), our mitigation o vmJ , is to mxrrize early work pacloges (EVIPs) and prioritize areas not inripacted by the permit approval process. EARLY WORK PACKAGES Flatiron will perform any early scope work items identified in the proposed alignment of the available parcels and procure long - lead items early during the precor-straction phase. The EWP development process begins following the oygr eiion of "/o design drawings, and in tandem with the 700/n design drat wings for GNVP development. Based on our understanding of the project, we have identified the following potential EWPs, • Lorxg-leadProclaernerit I Procuring longlead critical path materials (e.g., precast drainage Culverts, CCNYSPAN bridge elements, precast retaining wall elements) nitigates costly delays and ensures cost certainty during preoonstnxlion. • 5tabsurf" Wity thy,.\... cXon I Early coordination With utility companies and identification of existing utility depth provides design certainty for relocation or protection measures and helps vwith protect phasing, • A of Existing Utilities I The exist ng 36-inch Mer line east of V1igley tea tom, northbound and other utilities may require protection d sing the constri.rction of the VISE v�dl, drainage oAverts, and roadv�oy erribarkTent plaoenher7t. Early installation of a precast coruete cap or CAP concrete rap around the e)dsfing utilities that cannot be relocated before the construction phase can save schedule duration. • Ewfy Site Clearing Fast of Kboey Ro bertsori Road I The proposed alignment shahs that parcels are available wthin the Ws existing RGN. Site clearing can be r� b i E n� early by coordinating Wth the City of Fort V� Parks and Recreational Dr_� I , m, k, and early site dearir>g vwill help vvith the subsurface utility investigation, allowing us to identify easting franchise utility conflicts along the proposed alignment. Figure 2: Our proposed EWP schedule option begins some construction activities early allowing us to save three months of schedule. Milestones ■ DO Contract Award NTP (Precon.) Final GMP Proposal Delivery r►� ROW Acquisition Franchise Utilities Design Precon. Design Package Delivery GMP Proposal Delivery NTP (Construction) Precon. Phase Services Early Works (Site Clearing and Utility Protection) Construction Phase Services rA L ry z t7 `c 1 RA'nI" CONSTRUCTORS, INC 11 Design -Build Services for Wagley Robertson Road 6 Exhibit 2; Wagley Robertson Road Project Phasinq IID' PNOPM D NW a MWTHMM0 54ut HLw" MY MY VARIES Phase 1 restripes the existing roadway to accommodate a 10-foot travel lane in each direction with a temporary concrete traffic barrier (CTB) for enhanced worker safety. Traffic shifts to the newly striped lanes and widens to the opposite side between 18-24 feet (enough for two (2) 11-foot lanes in the next phase), leveling up the front slope and using detour pavement. Stripe for Phase 2 traffic operations. 110• PROPOSED ROW PIRMANEPIt COKIRUCF ON '' . • 11'yl':I. Ii 7 I' PGL c g RELOCATE Y w va TEMP CTS - S e >t W 4:1 .— RETAINING SUBGAA0EPENDINGf TEMPOMRYSOIL J WALL GEOTECHNICAL RMET WALL INVESTIGATION Phase 2 shifts traffic to the detour pavement placed in Phase 1. Once traffic has shifted, we will construct northbound lanes, including permanent drainage features, the shared -use path, and paver exit stRKtures. T&TWary earth vells near the ultimate centerline are needed due to grade differences of up to 6 feet at the most extreme points. Temporary striping is used to prepare for Phase 3 traffic. nn PROPnsEnAOw S#UWEO USE PATH 5' PERMANENT ,11 q' CONSTRUCTIOM Phase 3 shifts traffic to the newly placed northbound lanes. Construct the southbound lanes, including permanent drainage features, shared use path and pavenent stnadure. Place permanent pavemef t marking for southbound lanes. HO' PROPOSED ROW + r 105" 10 V R' 11' IS. 11' 11' 5' 10, 10.5' ry + USE PA H j _ 7.5' _ _ 25 _ * * SE MTH Phase 4 shifts both directions of traffic to the outside lanes. The northbound lanes will be restriped. Final clean up in the median occurs. and the roadway is opened to traffic up to two months ahead of schedule. RAMON CONSTRUCTORS, INC. It Design -David Services for Wagfey Robertson Road 7 Exhibit 3: WR Road Project Preliminary Standard Schedule COFW - Wagley Robertson (PDA)- Preliminary (RFP) PRELIMINARY SCHEDULE cuvily I❑ Ac1MIy Name PVannetl Slnrr "nilsh 2025 202fi 2027 Curallon asp I Dd N- I Dec Jan � Feb I Mar I Apr I May � Jun I Jul I Aug I Sep I Ed I Nov 1 Dec .an I Feb I Mar I Ayr I May I Jun I Jul I Aug ( Sep I Od 1 Nov I Dec Jan �eF VV Conlraw Mrtrinislrat tin • 534 01-Od- 4 12-Nov- B Conirart Adminislralen CA10o0 Notice to Proceed(PrewnWuMai 0 01-Ca1-24' II ♦ Notrwto Pwceed(Prewnstrudbn) CA1010 Prsoanahudlm Phase 210 01-Od-24 31-Jul-25 I Premnshuraon phase CA1020 C-eirudicn Phase 294 OT-Aug-25 301 Conshudmt Phase Z030 5ubl ial Completion 0 30-5ep-26 t Supletion biumial Com040 Final Completion{ 30 days ponchlct) 0 12-Nov-26 ♦ Final Completion {30[ PRECONSTRUCTtON PHASE 230 01-001-24 1&Aug-25 5 y PRECONSTRUCTION PHASE ROW Aequisaons 120 07-Od-24 26-Mar-25 y v ROW Amuislons RA1000 ROW-Ralreal al Fasai Creak 120 01-Coll 26-Mar-25 ROW-RaTrealat Fossil Creek RA1010 ROW-Waterceund(NB) 90 01-01 12-Feb-25 ROW -Waters Bend(NB) RAID20 ROW -Cther Parcels 90 01-Octl 12-Feb-25 ROW - Omer Parcels UVlilias-I—hilagoMRelocaLon 203 01-Coll 18-Aug-2B y . WE— In—titiationlRelom(nn Design submma6&GMP Dowlapment 210 01-0d-24 31-Jul-25 I resign submittals& GMP Development OS7000 Design30%- Submittal. Rave'w&Appr—1 60 Ul-Od-24 27-D-24 Design 30%-SubmAtal,RerAew&Appraml OS1010 Environmental- Floadplain Pair(CLOMAR) I 01-01-24 18-Jun-25 . Environment-Floadplain Pefmim(CLOk4AR) DS1030 Dasigr170%-Submittal,Review&Appc,,eI 60 30 D-24 26-Mar-25 Iselin 70%-Slal, ubaReview &Approval OS1020 Early Works Packaga1cag-Lead Bm&M as(DraFageSE-il 46 30-bec-24 05-Mar-25 O Early works PackagerLong-Lead items (Drainaga&MSE walls) D51040 Final Design ra.¢ew &Approval 45 27-Mar-25 28-hill Final Design renew &Approval 0S1050 Final GMP defwery BApproval 45 29-May-25 31-Jul-25 FI-IGMFdeliyery&Apprayal Fabricallon-Long Lead Items. 90 06-Mar-25 28Ju1-26 . vFabri®lion - tong Lead Items LL1000 Prewsl- Drainage CuWrV ConSpan(Early Prowrement Items) 60 05-Mar-25 11-Jun-25 r t Precast -Drainage CuNerll ConSpan(Earty PrvWramenl Items) LL1010 Precast-MSE WaIIs( Early Prawrement Items) 90 06-MeM125 26-Jul-25 r PmmM-MSEWaICEarly Pr=remenlllems) CONSTRUCTION PHASE 303 23 Jan-25 305ep-26 CONSTRUCTION PHASE Early Works 25 23-Jul Fatly Works EW-70IX1 ROW Preparation&Tres Clearng(NB) 10 22-Jun-25 07-JUI-25 © ROW Preparation&Tree Clearing INS) EW-1f f0 Install protection for 18" Sewer and 38" Waterline (NB) 15 08-Ju1-25 26-Ju1-25 0 install protecion far 16' Sewer and 36" Watertina (NB) Phasal-Temporary Wwks(STA114+38.99to STA138+32.31) 35 01 19-Sep-25 4� Phasal-Temporary Wmks(STA114+38.9910 STA138•a231) P5-1000 Insmll Traffic syrrsl5W 3Pllemporary CTB 5 O1-Ayg-25 07-Aug-25 ■ Ill Traffic:sgre/SiNVilemporary CTB Pl-1010 ROW Prep&E>a Is(SS) a 0B-Aug-25 19-Aug-25 ! ROW Prep& Excavele(SS) P7-1020 Piece Embankalenl( SO) 5 20-Aug-25 2&Aag-25 ■ Plain Embsnkrnanl{56) P1-1030 Flnkh Sub' reds 10 27-A-26 ug 10-5ep-25 Finlsh5ubgrade(SB) P1-1040 Platy TemporaryAWhaMSlripinglCTB 6 11-Sep-26 18-Sep-25 ■ Plow TemyoraryAaphail/Slrping1CTB P1-1050 Shil[Traffic to TempwaryAphell Pavement 1 191 19-Sep-25 I Shi6Traflota Temporary AephallP—mom Phase2-NBImprovements(STA114'3B.99bSTA138a32.31) 90 22-Sep-25 1YFab-26 'h-2-NBImpmvemenls(STA114+38.ggto STA13B*3Z.311 P2-1000 Slop lap sail &Excavate on NB 10 22-Sep-25 03-Cd-25 Ship by soW & Er[aveie on NO P2-1010 Insmll Goal O-sonas at Bg Fosse Crook Crassmg(NB( 15 06-0111 27-001-25 Insmll CaN5pan 0-sores al6g Fosse Grr>ak Crossing (NB) P2-1020 Insmll D—ag. from Quick steer to 6.9 Fossil creek is 06-Ocl-25 27-0d-25 O Install Drainage from Quick r4ker m Big Famil oeefc P2-1030 Beal Oak Dr - CgncrPJe Peeing 1D 2&Od-25 10-Nov-25 O Bent Oak Dr-Cplltteta Paving P2-1040 InMll ConlspanC smrb al Trbumryta Fo [Greek(NB) 10 2&03-25 10-NW-25 Install CoN5pan 6ser'lesat Trfiutary bFossilCr�k (NB) P2-1050 Install MSE & Ill NO 20 12-Nov-25 11.13-25 Install MSE & eaticfil on NB P2-1060 Insmll temp backer wall and platy RoadwayembankmaM 20 12-Nov-25 11-D-25 Install temp basketwall antl plate Roadway emhankment P2-1070 Subgrade work 15 12-0eo-25 09-Jam28 Subgradework P2-106D Plecarral Paim9an NO 15 12-Ji 03-Feb-26 Plawfirlat Pavingan NB P2-1090 Plaw lamp Still log, relocate CTB and Sin Terre 5 04-Feb-26 11-Feb-26 ■ Pi.. tamp Sbphtg, relocate CTB and Shift Tralnc Phase 3 - SB lmpmWa tints (STA 114+30.99 to STA 138t32.31) g5 12-Feb-26 14-41-26 v Ph— 3 - 56 lmpmvements tSTA 114+38,99 to STA 13 P3-1000 Strip top loll & Ekcayate on SB 10 12-Fel>26 26-Fab-26 Strip Ipp 1 & Fv.�vate i Se P3-1010 Install ConlSpan 0 ies at Big F d Creak Crossing (SB) 16 D2-Mar-26 20.Mar-26 Ill Con/Span O-canes al Big Fossil Creek Cmssng (SO) P3-1020 In4l:Cowspan O.serie ai TribularyloFo"S Cr%k(55) 1D 23-Mat-28 07-A�M126 O In9 iConr5pan U-Nriesat TribdarymFomi Crcek(SB) 73-103D Install MSE & Badrntl on SO 20 23-Mar-26 23-Apr-28 InstaII MSE & Barhri l on 56 P31040 Subgrade work 20 24-Ayo-26 27-May-26 Subgratlewark P3-1050 Place Fnal Paving m SB &Jet Liner Sl 20 01-Jun-25 30-Jun-26 � Plaw final Paving m S8 & Jet Liner S1 Pi 060 Compli Mlsc, flalworke on SO 10 011u1-26 14-Jul-26 Complete Micc. networks on 38 Phase 4-Fired Works (STA 114.38.99 to STA 136+32-31) 55 15-Ju626 30-Sep-26 ♦ wFi4- Final Works (WA 114t: Pd-1000 Install EedriraVltluminalim (NB/SB) 15 15-Jul-26 04-Aug.26 Install EledrkaVllluminalbn (NFi P4-1010 Final Channel regradingf-andswping 15 05-Ag-26 25-Al-26 Final Channel re mdIrWlumdeiu ing PT WO Final Flalworkr5ignagasr Stripling 20 26-Aug-26 23-Sep-26 � Flnal FislworklSlgnegesl Snphlg P4-1030 Clean up and Open to Traffic ( Final C-liguralion) 5 24-Sep-26 30-Sep-26 ■ Clean up and Open to Traffic ( Fln: Remaining Level of Effort Actual Work Critical Remaining Work Page 1 of 1 DB services for Wagley Robertson Road - Actual Level of Effort =--71 Remaining Work ♦ ♦ Milestone Preliminary Schedule 19J5TIRONCONST114 CFU7 ar^ ING 11 Design-B4Ntl Services rot Wagley Rnb. l Raad 8 B. CONCEPTS TO IMPROVE PROJECT DESIGN OR PROJECT DELIVERY EFFICIENCY CONCEPTS TO IMPROVE PROJECT DESIGN OR PROJECT DELIVERY EFFICIENCY IMPROVING THE PROJECT DESIGN AND DELIVERY EFFICIENCY Hatiron and Hatt-Zollars, in collaboration with the City and Freese and Nichols, will workshop the indicative design to find opportunities to reduce constmdion costs and durations; rrinirrize ids to City and franchise utilities, increase safety, and reduce or eliminate right-cf Way (ROM takings, VVa i ti! these worksh�s address three categories: • Design Concepts • Maintenance of Traffic Cur experience has shogun us that these three areas provide the largest opportunities for design impravaTents that produce the impactful project benefits. The following section highlights new approaches, techniques/methods, and delivery efficiencies that address some of the VVR Road project's challenges. Many of these have been further illustrated in Exhibit 4 on page 13. Design Concepts V.VeyRobertson RbadJedirxrAvenue 1. iw� , .,;.. L w Floors my Concern Identified: Need for (CLCl11R) The indicative design provided shoves JetllnerAvenue cuffing off Big Fossil Creek floodway (the floodway extends approximately 160 linear feet south of Jetliner Avenue). This condition, in concert with raising the Wagley Robertson roadway profile (which includes the raising of Jetliner Avenue to tie into Vliagley Robertson) and associated embankment fill north of Big Fossil Creek, creates a rise in water surface elevation that will require a CLCN/R approval process prior to beginning work. RisklNegative Impact: Nirle-month delay Resolution(s) for Evaluation: tie the project drainage model that includes the map revisions submitted to FEMA by the Retreat of Fossil Creek as the baseline drainage m>xfel for the indicative design miodeling. Using this mr)del, we will %ork with the City's Hoodplain Department to not require a CLCVR based on the change in floodway limits inherent in the indicative design: the plans show raising the profile of Jetliner Avenue by approximately five feet at the tie-in to Wagley Robertson Road and continuing beyond the limits of the floodway. Benefit: Apotendaf nine-manfh delay is averted. Culvert Installation arm l Box Rdocatiorr Concern Identified: Need for (CLCNR) RisklNegative Impact: NrTe-month delay Resolutionfsj for Evaluation: Adding culverts beneath Jetliner Avenue connects the orphaned section of floodway south of Jetliner Avenue and allows for water to move through it and ugh Vbgley Fbbeascii Road. To make this effective, we will investigate moving some of Vl gley Robertson Road's orossdrainage boxes from north of Jetii ner Avenue to south of Jell inerAvenue, allowing the diverted water to continue r rvAng in the floodway. We will run calculations to determine now many of the proposed boxes will reed to move south of Jetliner- Road from their current configuration. This action alone will not produce a zero -rise condition; it must occur in concert with providing overflow channels both down and upstream of Wagley Robertson Road. Benefit: Avoidng the r�eedfor a CLOW saves g-marft on our construction scherkde and retrxoves the uncertainty of amiting approval to advance fie prcyect. Rolocate JeNinerM4gley Rob&tson I, &c ,.v,,Lbn Concern Identified: Need for (CLOW) RisklNegative Impact: Nne nwh delay Resolutionfsj for Evaluation: Contained with a no -rise condition, moving the intersection point of Jetliner Avenue south by approximately 300 feet (connecting to Wagley Robertson Road at a 94degree angle and using Soawes to be back into the e usting roadway (see Figure 3 on page 10) eliminates the need for a CLOivR, thus n inirriang potential delays. This alternative replaces the alternative that adds culverts u, tik6, GG( - the existing location of Jetliner Avenue, and could still require overflow excavation up and dmwstream of Wagley Robertson Road. This ooncW will require additional coordination with Retreat at Fossil Creek and potentially the hones s association (HOA) for the Retreat at Fossil Creels sub -division on the west side of V1bgiey Robertson Road. Benefit: This o~ eliminates fie need for aotoitional culverts under Jetliner A venue to connect the floodway and would save rune months of cons& rction schedde by removing t1Te need to prnoolr ce a GLGA R R AMCN CONSTRt.1CTOR5, INC. 11 Design -Baird services fo+Wagley Robertson Road 9 Figure 3: As shown above, an S-curve can be utilized to tie Jetliner Aven ue back into the existing roadway. L-tainin j Mfis Concern Identified: Detaining wall fabrication lead time and coristruction time required RisklNegative impact: Schedule delays for fabrication, additional time for oonstruction, panel continuity Resolutionfs) for Evaluation: Option #1: Mechanically -Stabilized Earth (MSE) Walls K/SE walls panels can be pre- off site, allay ng for faster ooi-shiction. They are aesthetically pleasing and function vtiell when inundated with floodwater. and they will be inundated due to their proximity to the waterway. Because of this, we will need to backfill Wth Type ❑ material to prevent tapping water and darreging the inteq* of the vval. DraAbacks of (VISE Walls Include the inks short Mls ar-d coping have on panel size and aesthetic allotted time fcr shop drawing review and fabrication lead time - Benefit: A/ SE wells offer inpnNed behavior v& cast -in -place wells in an imrncirated condition% reckection of loVterm maintenance oasts; and an extension of pavement fife -cycle: Option #2: Cast -in, -Place (CIP) Will CIP vlls are a viable alternative for this project, Wth advantages being that the short v�ells W1I not pose a panel continuity issue, there is no need for shop drawing review, there is no lead time for fabrication, and they are not reliant upon fabrication to begin construction. Fabrication can save on tirre, but shop -drawing reviews and approvals can natively irrtaact the sd-redule. Benefit: Ultirmtdy, GIP wells allow oLr team to control our schedule and advance the project mdthout risk of delay. Them is no fabrication lead time, the off-sde constrLction ckcreayses lion scheduft andpanef continuity creates a more aesf1xmUca11ypleasing end product RI ernew sdec6m Concern identified: Flexible pavement sections RisklNegative Impact: Schedule delays to account for cure time of lime -treated subgrade {LTS} in the flexible pavement. decreased pavement life of flexible pavement Resolutionfsj for Evaluation: The draft geotedhnical report identifies a rigid and flexible pavement structure. The rigid section shan+s 9 indhes of jointed reinforced concrete pavern�!7t over 8 inches of flex base, while the flexible section contains 2-inch HMAC—Type B, over 5-inch HMAX—Type B. over 8-inch flex base, over 8 inches of LTS. Use of a rigid pavement structure throughout will not require LTS, and the associated cure times and rigid paver-& is have longer life. Benefit: 5checMe savings from elirnfnating LTS cure time, irncreasedpavement life; and reduction of long-terrrn maintenance and associated costs. Witipte-Box Qdvert (MEIC) A tematt'vos Concern identified. Debris collection in the N>BC RisklNegative impact. Rooding and regular silt maintenance Resolution(s) for Evaluation:: Option #1: CONSPAN Bridges We vui I analyze the NBC from the indicative design and oorrWe against the benefits of other alternative options. One option is utilizing CONSPAN bridges, 4 ich can be used in place of the 1 afoot -wide WCs. Altha.ngh 1 C feet is not a nan aw advert, the naraAw opening provides more of an opportunity for debris to be caught. CONISPAN bridges reduce the potential for debris to catch, and the prefabricated nature of the structures al longs for construction to occur remotely. If this option is selected, the construction team will construct the foundations prior to installing the precast CONSPAN bridge on the project site. LAilizing a COIW SPAN bridge will minimize construction time and maximize flow or channel operations. Benefit: Se ing 5-6 sbucksus vs: ft 17 boxes for the rYWn chanceg of the inckative design provides a scheWb savings, benefits from natural ground left in place vs. the concrete bottom of the comarete bo xesy and v4dar- cper sings redces mai 1 needs frcam cbWs catching on smaller cpenrngs. Option #2: Slab Span Bridges Similar to Option 1, a slab span bridge vuill expedite cortstn don, FlAMON OQNSTRUCTORS, INC 11 Design -Build services for Wagfey Robertson Road 10 Wth elements of the structure being prefabricated and subsequently erected in place. The main advantage to this structure is the lower profile required to span between bents. Like the CCNSPAN bridge, the slab span bridge has openings larger than the MBCs and the foundations will need to be placed prior to erecting the structure on -site. This option also positivefy impacts schedule and optimizes the hydraulic operations of the floodway without the need for silt rrraintenance, unlike box culverts. Benefit: Maximizes flow and channel operations, decreases risk of negative schedule impacts, reduces silt maintenance and associated cash Maintenance of Traffic (MOT) Ac acent Side S6r eet Closure Concern identified: Lengthy trafficicommunity impacts RisklNegative impact: Frustration from traveling public Leading to increased safety risks for construction crews and public Resolution(s) for Evaluation: To strearriine construction with r inimal impacts to the traveling public, we will explore the opportunity to dose the side streets (Jetliner- Avenue and Bent Oak Drive) during constn lc:kion. Jetliner Avenue has a five -to -six-foot difference in elevation at the tie-in location with Wagley Robeilson Road. Closing Jetliner Avenue simplifies and expedites our construction by rerraving the creed to stage the constniction of this cross street. Since this closure wail be lorrges- than the allaAable 10-day closure, it will require a dty permit. VV-- will meet with the Oty Council Member for District 7 (Macy Hill), and the Retreat at Fossil Creek HOA to present this approach and address any concerns. The closure will detour traffic to Quicksilver Trail ('/4 mile to the north), which is the main entrance to the Retreat at Fossil Creek sub -division, Once there is consensus, we WWI npvuzJ i Oty Council for a permit. VVe well loin this process as soon as exhibits are ready to present to City Council Members and the "since a permit could take up to three mouths to obtain. Bent Oak Drive only has an elevation , of tvtio-to-three feet. but a closure vvxild still expedite construction. The adjacent sub -division is Waters Bend, and the traffic would only be diverted appm) irrately 80C-feet to the north (about a block) to Quicksilver Court, Mich is also the Train subdivision entrance. VIb would go through the sarre process of meeting with the District 10 City Council Member {Afar Blaylock} and the WAers fiend HCA, 000rdinating for both concurrently and (ideally) -y,V —J I the City for both permits at the same tirTe. Benefit: Up to six-rraarrth schedule reduction; reduced fatigue of traveling pubhc� i, — construction site safety, temporary tie-in mitigation, temporary walls and traffic rail Met woxfd be mired for the dropoff heights, prtaactive pualic or_rtreadz Two -Way, One -Lane Temporary Traffic Signal Concern identified: Safety during construction of transitions at the north and south ends of the project RisklNegative impact, Decreased safety of eonstniction crews and traveling public Resolution(s) for Evaluation: Utilizing a two-way, one -lane traffic control device allows safe construction of the transitions at the north and south ends of the project. Construction Crelnls would not need to limit daily operations to ensure two-way traffic operations can safety continue at the end of each day. Benefit: Up to tvrx>�month schedkde reduction, cost sa%dngs due to no longer ring to restore the envy►g surface at the eondusior: of aorrsbaectior; irrfiariwed safety from uniform traffic operations. Future Tie -Ins Concern identified: Terrporarylttvovvev�ay construction RisklNegative Impact: Increasers costs and potential increased need for MDT on future projects Resolution(s) for Evaluation: North and south tie-in locations line up with the future sourthbourrd laries. Constructing these tie-ins with as much full -depth paverrrent as possible will save the Oty money by n;nirrizing the amount of thrcnnraway (temporary) construction and reduang the need for MDT on future projects. Approximately 400%of the M Road project lies within areas that are transitioning into existing pavement. Vlb propose construct ng all southbound pavement to fulI depth with curb and gutter and final grading to eliminate throwaway pavement. Benefit. Reduced costs, reduced future project costs Procedural Concepts VVX* ErtvitWIner t Concern identified: Lacking project team cohesionlccordination RisklNegative impact: Decreased efficiency of project team and negative a-Mronn-ent Resolutionfsj for Evaluation: Co -location is the optimum working environment for edlaborat& and project optimization. The rrein design u-A 3 �" " its (Engineer of Record (ECR), Roadway, Hydrology and Hydraulics, Structural, and Traffic Control) will be completed in the Huitt-Zollars Dallas office. I-Litt-Zdlars' key personnel have v"ked together on multiple roadway projects, all of Mich were optimized by their ability to work collaboratively in the same office location. These same team 1 il.,-. s also have a history of w arktng with RRS (Lki l ities SUE and Survey) and ETTL (Geotechnical) and will house the design files on ProfectWlse, which allows for seamless coordination between all team -members sharing and working in the same files. Benefit: Fostering an efficient, communicative, and coordnated team cultum RLAMCN CONSTRUCTCJRS, INC. 11 Design -Build Services row Wagley Robertson Road 11 Itternal Caorditiauon Concern Identified: Internal coordination deficiencies RisklNegative Impact: Decreased efficiency of project team, negative a-mrocn-ent, loss of quality Resolutionfsj for Evaluation: Greg Vowels, PE, will begin the project with an internal kickoff meeting with task leads and suboonsultants to discuss the projed's schedule, goals, and roles/responsibilities. 5uboonsultants WWI adhere to the Huitt- Zdlars 0-dity Plan, which includes checking for aocuracy and oorrpleterhess and constnuctability and interdisciplinary reme*s. Greg will corriduct vveecfy, inter -disciplinary design coordination meetings. During these meetings, the team will discuss the project schedule, progress on risk register mitigation, and design issues that could inVed other disciplines. Our team has already been coordinating floodway issues and potential solutions to mitigate risks that vve have discovered. Benefit: lfgWy e, 4� , J arxf GWrrxtnioative project leader wfro c.. G + t)OW team trUSt, cohesion, and shamd goals, corn fbute to prgect success. [Jfility Coordination Concern Identified: Utility impacts Risk/Negative Impact: Delayed schedule and increased costs Resolution(s) for Evaluation: V�b vvill develop a robust 51.1E plan to deterrriine the locations of existing utilities, and will t-ise this information to inform our "Avoid, Minimize, Accommodate" (AMA) approach to utilities. VIA begin this process by incoi-porating SUE information into our CpenRoads Designer 3D mix6 where utilities are shown in relation to other olb eds within the cross sections. We design in an atten-ipt to avoid utilities. If avoiding utilities is not possible, we will rrininize inpacts by coordinating with utility owners for acceptable mitigation techniques to leave in place and design around. As a last resort, v e aLk" , , , .date or Trove utilities. Greg utilized this technique to save approximately 12 n^Qnths of pipeline relocation as Design Project Wroger for Section 6 of tthe ChisdmTrail Parkway Jor NTFA). Benefit: Utility coardnatio►a process tailored by hest t... o, .d. and lessons reamed, reduced risk of uf 14,ind4uced schedule c1days and associated cost L ti, Public lnvdvemea Concern Identified: Public support Risk/Negative Impact: Lack of public support and proactive oomn unity outreach on project updates Resolution(s) for Evaluation: In concert with our public outreach suboontractor, NLA, we W11 begin our coordination by reaching out to the pertinent individuals at City Council to explain our concept and what vve plan to aw � the public with. Vlk will ask for their support and encourage them to became chanpiahs for the project, speaking in support of its in portance. We vvill coordinate with individuals and HOAs to determne local Issues and address these concerns to the hest of our ah I ity, NAany issues oonceming access arise during construction, and vve will viorik with and accommodate affected stakeholders where possible; the ultimate goal is to devise a safe construction corridor that maintains traffic patterns. From this we will reach out to City Council to discuss the procedures for moving fenruard. Via understand that there is lead tune required for all coordination, and vtie will expedite this process to optimize the prcject's schedule. Benefit: Create a oorraramity of informedproject championsl Design Techniques Huitt-Zdla-s will progress the VAR Read project using Bentley OpenRoads Designer and OpenBridge, focussing on a Rudd - centric design approadi. VVith a 3D roadmay modd, Huitt-Zollars, Flatiron, and the City will be able to easily identify utility conflicts, drainage irnpacts, constn.xtability issues, and investigate altemaiives. Huitt-Zollars Open Roads and Oper3ddge accredited staff are adept al utilizing the software to efficiently produce a 3D project design and related plan production. The 3D models the team produces will also be used to develop 4D rrxodels to identify opportunities for EV1�. The 3D models can produce graphics and animations to aid with public outreach by explaining project complexities in a simplified manner. FIAMCN CONSTRUCTORS, INC. 11 Design-Elwid Services for Wagley Robertson Road 12 Exhibit 4; WR goad Project Key Challenges and Oppgrtwwos w¢ ja 44 IETLIN EN AYENl1E CONCRETEPAVINC) ' TRIBUTARY TO BIG FOSSIL CREEK O WAGLEY RORERTSON ROiO ----------------------------- BIG FOSSIL CREEK .......... o -------------- --- .. ..... ----- I.. ......... SEWAGE LIRE 'I PHASE --- GAS LINE PNASE2 (OD -• . SN - 04EflNEAGELFC7flIL PNASE3 -- WATERLINE PNASEA E KEY OPPORTUNITIES & CHALLENGES . © Bi-Directional, Single -Lane Traffic with Temporary Signal O Side Street Closures Implementing a temporary traffic signal and allowing for bi-directional, We understand the City's process for obtaining a closure permit. The project L3 single -lane traffic will allow for an easier (and safer) construction of I > j would benefit from the full closure of Jetliner Avenue and the phased closure transitions, of Bent Oak Drive, Traffic would be detoured north to Quicksilver Trail, © Structure Optimization yOptimizing the hydraulic model (see 10) allows us to optimize the associated structures (CON/SPAN vs, slab beam bridges), OPhasing to Minimize Throwaway Pavement Optimizing phasing to incorporate full -depth pavement as opposed to L_> 1 transitional pavement will ultimately save the City money during the next phase of corridor development ORelocating Jetliner Avenue Relocating Jetliner Avenue would allow the WR Road project to avoid disrupting the floodway by increasing the elevation of thetie-in with Jetliner - Avenue.This relocation would potentially involve coordinating with the current owner of the roadway, Retreat at Fossil Creek. OInstalling Culverts Beneath Jetliner Avenue Installing culverts beneath Jetliner Avenue would compensate forthe ydisconnection of the floodway created by the roadway. Without this correction, even with a zero -rise in flood events, FEMA coordination may still be required, potentially adding 9+ months to the project schedule, �1 Hydraulic Model Optimization As we work toward achieving a zero -rise, we will model downstream y channel improvements, Including making adjustments to the channel opening to optimize design. This includes modeling for a CON/SPAN or slab beam bridge, if appropriate. Drainage Structures Li,, Enclosing open drainage with appropriately -sized drainage structures will help avoid any flooding upstream. i� 8 CONCR ALISTE POR,vE EAYIN �zD V 0 High Voltage Transmission Towers There are high voltage transmission towers at the southern extent of the project, with lines L> running perpendicular through the alignment of the WR Road project These towers and associated lines will be avoided at all costs, and we will develop a design that, at full build -out, will not impact or require either of these utility towers to move. © Franchise Utilities Coordinating with franchise utilities within the WR Road project corridor is paramount to Lj project success. We will coordinate with utility owners, develop a utility coordination matrix, - and develop work plans to avoid, minimize, and accommodate utilities (in that order). OCity of Fort Worth Utilities City of Fort Worth water and sanitary sewer lines run perpendicular through the alignment of the WR Road project. These lines will be included in our robust utility coordination plan. "-11R0NC0NSTRUGT0RS, INC. 11 Design -Build Services for Wagley Robertson Road 13 , FLNTIR0N 1320 Greermay Drive, Suite 815 IN ng, TX 75038 Rim (682)738-3280 flatironcorp.com - ,_ 3. PROPOSED COSTING METHODOLOGY R. Pre -Construction Phase Fee Proposed Pre-Cor�tion Phase Fee: $2.035.900 The cots contained in our Preconstr on Phase Fee are oor wised of three (3) mar dements. 1) Precoris#nxtion Services a. includes osts to provide all perwT of neecied to perform p ck" �L, Ajon services for a duration of ten (10) nronths, including inciters and irsut-arce for Design Phase samoes (Insurance for the Constixic ion Rl a% will be inducted in the G IVP). These services include (but are not limited to) public outreaV*, weekly n-eetings and workzst s, pDptss reports, sci-eduling, design and constructa bil ity reviews, and open book estimates at 30%, 70%, & GMP. We did not include any office rental for co -location, if reg i red_ 2) Design Services a. Includes cots to provide 309/6and 70% milestone deliverables, reviews, vaaricsfi S, and additional design related services. We have included design casts sup to 85.611/a of design to ensure that there is are appropriate level of design to reach GW. V1,b assume that the design cost from 85.6% to 1 D4%U will be included in GMP, $221,454 of the design services are MIWBE certified subcontractors. Below is a breakdown of the task orders identified: 1. Project Nlamgen-ul $Administration 2. Design Survey'* 3. Uiiities/SllE'`* 4. Geotechnical" 5. General 6. Traffic Control 7. RoaCmy Design 8. Drainage Design 9. Ridge Design 10. Illumination Design 11. Traffic Design 12. Signing, Delineation, & Pavement Ntarking 13. SV\r3P 14. Miscellaneous ** Tasks are beingt,,",,,, by MWEsi stdtants B. Construction Phase Fee that will be included with GMP Proposal Proposer! Corrshiction Phase Fee to be included with GMP: 5.25%0 This fee represents Flatiron's profit, general overhead, and costs for supporting work and will be applied to all Iterative construction phase estirrrates ar-dor Opinion of Probable Corstruction Costs (OP ) and GNPs #To * the Precornstrtiction Phase to ergare cornsterxy and transpa ency of actual orlstnuction costs. RLAMCN CONSTRVCTOR5, INC It Design -Build Services foe Wagrey Robertson Road 1 COMPLIANCE WITH THE BUSINESS EQUITY ORDINANCE ENGAGING THE MIWBE COMMUNITY Flatron previously s-A"tted the plan outlined on tJhe following pages along with our S00 We have since updated our plan to indude the infonTiabon requested on pages 8-9 in the Citys RFQ all of vkhch can be found in Exhibit 5 on the fdlowing page. Vlb fully understarxi the i rrportance of achieving the MM+BE goal of the VVR Road project, and vtie are excited to engage the MV 43E cornTunity to ensure that this goal is met or Flatiron prorrotes diversity and supports businesses um-W by rrinorities and women by actively creating opportunities for them to find success. We are proud to have long-standing relationships Wth a diverse nix of MBE businesses and regularly organize outreach events to broaden our netvwrk. Our phrrary objective is to provide them with the necessary resources to achieve their goals effectively. Our firm commitment to promoting diversity is essential to achieving &x:cess in all aspects of contract pu fLA,, m K.,, including quality and safety. We intend to utilize the MIWBE firms listed bdow for public outreach, utilitieslSLIEldesign survey, and geotechnical engineering services to meet or exceed the 16% (NW)BF) goal for the project. Flatiron will actively promote diversity, equity, and inclusion in all of our market sectors to rreet the goal for both pTmnstruction and construction phase services. We consider M1WBE firms to be valuable partners, and we are oarrrrttted to their success. V1b intend to reach out to these businesses through project -specific outreach events. We make participating easy by breaking larger work scopes into sr, naller, more manageable packages. Building Fort Worth Together: Annually, the Fat K61/7 hispanic 07&r� of Ca�e and the Regional H,,panic G -1v.PJ A o.4ssociation oorne together to host the Build Fort Wyth Caasfnrction Expo (above). Bath Flatiron and hUtt-Zarlars fregtultly attend this event Mere vte have opportunities to build axnnedio ns with local MBE c ontracfors and business equity firms eager to be a pail of the number of the exciting public and private projects c>onIng to the Fort W)rth area. FLATIRON 0ONS RUCTORS, M 11 Design -Build Services for Wagley Robertson Road 9 Exhibit 5: Committed PreconstrUotion Phase Business Equity Firms Inc. is certified by the State d Texas as a Fistwcally Lkxk, tilized Business (HUB), a ftr an armed Busi tress (ME), and a Disadvantaged Business Enterprise (DBE), aa+iier; Mtrl9lison, will erVage in all public outreach aril coin <rnications activities fh nugrhoL# fhe pr4ect's duration. ARS � Engineers,+r„ Inc., is a - Public C utreach 1.650/c, Preen- ) NLAwill pro�ride public outreach senrioes throughout the life of the project, beginning in preoor>5-trL dion phase and running through the constnK;Uon phase. Mt2i Ellison 2957 Desert Candle Dr., Found Rods, TX 78681 mtzi @-oncyledbetter. oom 512,761.2711 Tier 1 ' Precon.: 1.65%o • Constr.: TBD 100% minority -owned business ARSwill provide enterprise(MBE), certified by utilities, SUE, and A Marc Sandhu, PE NCTRCP4 and is a Fistoricaffy - Utilities design survey 3440 S4our n Drive, Ste. 230 • Precan.:6.8a°l�. Underutilized Business (HUB). The - SUE 6,80%, (Rwon.) services during the Carrolton, TX 75006 Tier- 2 firm's diverse client base includes . Design &jrvey fn�, tl, t.rdion rrsandhu(aarsengineers.com � Ca�str. TBD TOOT NTTA DFW International phase portion of the 214.728.7389 Airport, Dallas County, Tarrant County, prgect. and other surmunding cities in the Dallas -Fort Worth Metrcplex. E F L Wll provide EM. ETT-Engineers Brandon Quinn, PE, PCB C PG & Consultants Inc., is a certified engineering 1717 East Erwn vwn-en s Business Enterprise - Geotechnical Eng. 2.42 % (Precon.) services daring the Tyler, TX 75762 Tier 2 - Preoon-: 2.42°�� (VIVBE) and Fistorically Ur>denrtilized f„� �Ut.rction bquinn a�ttlinc.com Constr- TBD Business (HUB) in the state of Texas phase portion of the 903.595.4421 proiect. FLAMON CONSTRUCTORS, INC. P Design -Build Services For Wagley Robertson P,oad 2 REQUEST FOR PROPOSALS FOR DESIGN -BUILD SERVICES FOR WAGLEY ROBERTSON ROAD FORT WORTH, CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT CAPITAL DELIVERY DIVISION May 2, 2024 RFP ADDENDUM NO. 1 RFP Addendum No. 1 issued: May 2, 2024 Responses are Due: May 23, 2024 at 2:00 PM CST This Addendum forms part of the Request for Proposal and modifies the original documents. Respondents shall acknowledge receipt of this Addendum in the space provided below and acknowledge receipt on Bonfire. Failure to acknowledge receipt of this addendum could subject the respondent to disqualification. The Request for Proposal for Design -Build Services for Wagley Robertson Road is hereby revised by this RFP Addendum No. 1 as follows: A. Geotechnical and Pavement Design Report (DRAFT). This RFP Addendum No. 1 forms part of the Request for Proposal for the above referenced project and modifies the original documents of same. Include a signed copy (digital signature acceptable) of this cover page of Addendum No. 1 along with submittal of the Proposals. Failure to acknowledge receipt of Addendum No. 1 below could cause the subject bidder to be considered "NON -RESPONSIVE", resulting in disqualification. RECEIPT ACKNOWLEDGED: B y: t—C �44__ Company Flatiron Constructors, Inc. RFP Addendum No. 1 - Design -Build Services for Wagley Robertson Road FORT WORTH.,., Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Wagley Robertson Progressive Design Build Agreement - Flatiron M&C: 24-0745 CPN: 104154 CSO: DOC#: Date: 10-01-24 To: Name Department Initials Date Out 1. Kurt Knebel-Signature Flatiron KCKKCK Oct 16, 2024 2. David Kastendick-Signature TPW '9'< Oct 16, 2024 3. Raul Lopez -Review TPW Annvd via Agiloft ID: 1468 4. Lissette Acevedo -Review TPW 5. Patricia Wadsack-Review TPW 6. Lauren Prieur-Signature TPW ? Oct 21, 2024 7. Doug Black -Signature Legal DB DB Oct 22, 2024 8. Jesica McEachern-Signature CMO ,a` Oct 23, 2024 9. Jannette Goodall CSO JG 36 Oct 24, 2024 10. TPW Contracts TPW CC: TPW BSPAP Recon Team, TPW Records Room, Michelle McCullough DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ®No NEXT DAY: ❑YES ®No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts(&fortworthtexas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you!