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Contract 62446-PM1
CSC No. 62446-PM1 PROJECT MANUAL FOR THE CONSTRUCTION OF WATER, SEWER, PA VING, DRAINAGE & STREET LIGHT IMPROVEMENTS TO SERVE SANDER OS PHASE -2 IPRC 24-0017 City Project No.105416 File No. W-3026, X-28083 FID No. 30114-0200431-105416-EO7685 Mattie Parker David Cooke Mayor City Manager Christopher P. Harder, P.E. Water Director Lauren Prieur, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth NOVEMBER 2024 4kAdk ;Ktnp t a ue nail & perkins $237 N. Riverside Drive, Suite 100 Fort Worth, Texas 76137 81T.236.5773 ph 817,336.2813 fx TBPE Registration No. F-230 www.tnpinc.com / P.E. date: -/12/31/2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORTWORTH. City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 7 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 00 051-0 0005 45 nno i�3 ra.,,.ef aa Addendv kwitation to Biddersn� 0710 T 0710T in s nno�3 0031 15 0032 15 nn�3 Instfuetions to Bidders Engineer Pro_jeet Sehed to Genstmet;.on PFC' a t Sehedtfle f 03,0on 0�io-„20/201-9 07120/2018 00 41 00 G n fliet 1PAer-est St 4emef Bid Form 02/�4/2 03/09/2020 00 42 43 nno Proposal Form Unit Price 01/20/2012 nnii�T 43 13 nnn337 � nno Bid Ben Vender- rcrr�liz�o �e-�o �r» r.�,eside�t Bi Bidders ntii T 45 11 0045 12 nno Pr-eq talif;,,afiens Prequalification Statement v-o,,,Wifi,,., A ... 0710T 07/01/2011 in 004526 nn�0 Bidder- ie ppli ie Contmetor-C=T ianae with Wer-ko.s' r,.,,,peas, iof Law r ainor-ity Business FpAe - prise Goal 03 0 0710T nti in 5 00 52 43 Agreement 09/06/2019 0061 13 Performance Bond 07/01/2011 0061 14 Payment Bond 07/01/2011 0061 19 Maintenance Bond 07/01/2011 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 03/09/2020 00 73 00 Supplementary Conditions 03/09/2020 Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 01�0 Preconstruction Meeting Pr-ejeet Meetings 08/17/2012 0710T nib 01 32 33 G,,,,s,,.,,etion Progress See a„io Preconstruction Video n�inQ„ �1t 07/01/2011 013300 Submittals 12/20/2012 41 3v 13 c .o ; i n, o n ;.,,,,oa, es i i� 20/2010 01 1523 Testing and Inspeetio,. Se 03 in n 01 50 00 cmr; P.,,.44ie& . * a r � 07/n�ii 01 5526 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 5E 13 Terfo� j Rro_i-jotsignage n''1nm�011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 0�A-00 i a n o,,,,,biliza r M�.l�tila'1 and 1 i 2/2016 �v CITY OF FORT WORTH SANDEROS PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 105416 Revised March 9, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 7 017123 won £'haling andey 02,114,12 1 01 74 23 Cleaning 07/01/2011 1 1 0177 19 Closeout Requirements 07/01/2011 1 1 01 78 39 Project Record Documents 07/01/2011 1 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Date Division 02 - Existing Conditions Modified 0241 13 1 Selective Site Demolition 7/9/2020 Division 33 - Utilities 33 39 60 1 Epoxy Liners for Sanitary Sewer Structures 7/9/2020 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httv:Hfortworthtexas.2ov/tDw/contractors/ or httDs:HaDDs.fortworthtexas.Liov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 0241 13 117�4 Selective Site Demolition T Tti D / A 1..,n.1.,f 12/20/2012 /7zz90/20 0241 15 o.v..,ya lit-y ff epA Paving Removal 1 7 iz 02/02/2016 Division 03 - Concrete 1 03 30 00 Cast -In -Place Concrete 12/20/2012 1 1 03 34 13 Controlled Low Strength Material (CLSM) 12/20/2012 1 03 34 6 Gonerete Rase Mmef:;.,1 for T?Qno\h _R 12 1 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 1 Division 26 - Electrical 1 26 05 00 Common Work Results for Electrical 11/22/2013 1 7ti�v Demolition f , E4e t161 _ F/jo ems 17/7 z I 1 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 1 1 26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011 1 26 05 50 Communications Multi -Duct Conduit 02/26/2016 Division 31- Earthwork 1 31 1000 Site Clearing 12/20/2012 1 1 3123 16 Unclassified Excavation 01/28/2013 1 1 31 23 23 Borrow 01/28/2013 1 1 312400 Embankments 01/28/2013 1 1 31 25 00 Erosion and Sediment Control 12/20/2012 1 1 31 37 00 Riprap 12/20/2012 1 CITY OF FORT WORTH SANDEROS PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 105416 Revised March 9, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 7 Division 32 - Exterior Improvements � 3201 17 - gL��nt �4c�J�J.t�ir.Dpai.. � 12 12/20/2012 32 01 29 Concrete Paving Repair 12/20/2012 32 1123 Flexible Base Courses 12/20/2012 32 1129 Lime Treated Base Courses 12/20/2012 32 1133 �� .l Brie!''.,-�o� �Clflt %�Rt� / 12QO�_2012 3� 11 3., ,,z i ,:.1 Treated Soil £tlayllzef 09Q 1 /201 5�ro 32 1216 Asphalt Paving 12/20/2012 32 1273 Asphalt Pa:4ffg4Qr-aL�l- halants 11'/�t= 32 13 13 Concrete Paving 12/20/2012 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 32 1373 Concrete Paving Joint Sealants 12/20/2012 17/7 32 14 16 32 16 13 Briek Unit Paving Concrete Curb and Gutters and Valley Gutters z 10/05/2016 32 1723 Pavement Markings 11/22/2013 32 1725 3231 13 rAdl ozz 11W.W.ing Chain Fenees and Gates 11 /�t3 12Q0,Q0Q 3232 13 raet—ii4 Prose (`..n e-ete Retaining Al 86i05,12 3291 19 Topsoil Placement and Finishing of Parkways 12/20/2012 32 92 13 Hydro -Mulching, Seeding, and Sodding 12/20/2012 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 12/20/2012 3301 31 Closed Circuit Television (CCTV) Inspection 03/03/2016 3303 10 22�no 22� l Tcaz ^'Existing Sewer- Systems joint Beading a -a >;leetfiea isolation CE)F..osio,, !''o t,- 1 Tort Stations 12/20n012 12/�!2 12/�!2 33-04-12 33-04-30 Magnesium A fede C tl., die D,- teeti r Syste ffl Tj,.%p ,, �x� .o, co.�,: o� 12 /�!2 07/no 1�n 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 3305 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 3305 12 Water Line Lowering 12/20/2012 3305 13 Frame, Cover and Grade Rings — Cast Iron 01/22/2016 3305 13.10 Frame, Cover and Grade Rings — Composite 01/22/2016 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 12/20/2012 Grade 3305 16 Concrete Water Vaults 12/20/2012 3305 17 3 Z�v ZZ�i 22�3Hand Concrete Collars rg T,mnel i i moo« Plate Ttmneliag 12/20/2012 1 '1 /'f�zrsvnviz 1'1/2z 17Nz CITY OF FORT WORTH SANDEROS PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 105416 Revised March 9, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 7 33 03-24 � =1��„� er Plate -k-At of Carrier- Pipe i Casing r Twine! el Liner !1 6/ 9,12013 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 11 05 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe Axl,-appe.l Type 11/16/2018 33 i i i3 22 n �1 1 1T Goner-etePreSsure Pipe Bar- Steel Cylinder- 12,,,«e.1 Steel Pip .= Fittingsi2Q0 12�20,120z '/20i2� 33 1210 2 2�1 Water Services 1-inch to 2-inch T T iTetefs 02/14/2017 1 /"fez 33 1220 22�1T a fge Wa4e,- Resilient Seated Gate Valve ATI7WA 2 12/20/2012 12/7 33 1225 Rubber- Seated BtA+e,-fiyV Connection to Existing Water Mains z 02/06/2013 33 1230 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 33 1240 Fire Hydrants 01/03/2014 33 1250 Water Sample Stations 12/20/2012 2 2�2 a D' (CIPP) f Ili ?i'� Tipc-�crrr7 1 21 20 �201 2 r�rcvr�vrs 22�3 [� Fibe,-glass D e;,�fe -ee.a Pipe f .- f_fa-y;t y L�w�it j-Sewefs 1 2 /7�12 22�s High DmlI/=' Polyethylene (14DPE) Pip Sand a ; eF 17/7 z 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 22 21 71 33 31 21 Polyvinyl Chloride (PVC) Glosed Profile Gr-a-vi ECnitar'-SeweF 17/7!1/7l117 Pipe r2,90/2012 33 3i 22 Sa-R tafy Sewn, .. FIB liming 1�i�'1-2 33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012 3339 10 Cast -in -Place Concrete Manholes 12/20/2012 33 39 20 333930 Precast Concrete Manholes Fiber -glass Manholes 12/20/2012 12�20/201-2 22�0 0 Wastewater- n eeess Chamber- (WAG) r) Epoxy T ; s for- Saa tatty Sew cJ:ucvjpoo 1240,L2 iz 12i�12 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 ?3 11 11 High 'Dona t`y Polyethylene (HDP r) Pipe for- StGrm Dm\,,n 112i2�12 22�2 3-3-4,6 00 Rein f ,-ee,7 Pelyetl.lene 9P. E) Piro c„1� 11 �,Trr13/20i5 12�7r 40,L2012 224601 23� Slotted Stefm Dmins07in Tfe-aOAS D aina n 07ins- 1�n 33 49 10 Cast -in -Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 24 ^� n-i 0.011 Attsaehmeat A Genttreller Gabinet 1 n 2A ^�02 Att$ehmelit �- Speeifi ..,t;.,,-, n7�2 24 41 10.03 � n,Att �e1mentC; Se€twafeSpeeifie-etierl 2 CITY OF FORT WORTH SANDEROS PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 105416 Revised March 9, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 7 ?il 11 11 Te,ti.,.o,-ary T,.affi , gig* is , , � 3 ?/1 11 13 Removing Tr- o &rm. fi3 , 2�12 311 11 �-c Re;teangular�l T/. Flashing Bo,,eo , , i�13 3n�o gedomr.�x Hybrid Signal ii 2Q0i3 � 34 41 20 Roadway Illumination Assemblies 12/20/2012 2 n nano lr Aftcrial rT'D Re,r �y .�axr�~�irt� � 06/1 c�901- 34 4120.02 Freeway LED n,,adw ., r �7.a1ra4��1N3S 06/ 5420 c vrnr✓rzvz� 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 34 41 30 2n� Aluminum Signs llptie 11/12/2013 3471 13 Single Mode Fiber Cable Traffic Control 02Q6,12016 11/22/2013 CITY OF FORT WORTH SANDEROS PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 105416 Revised March 9, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 7 Appendix GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH SANDEROS PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 105416 Revised March 9, 2020 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 5 Terms used in these Instructions to Bidders which are defined in the General Conditions of the Agreement and Standard City Condition for Developer Awarded Project have the meanings assigned to them in the General Conditions. 2. COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from Owner/Engineer. The deposit for the Bidding Documents is non-refundable. 2.2. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDER The successful Bidder will be required to be prequalified by the City of Fort Worth as set forth in Section 00 45 12. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder before submitting a bid to (1) examine the Contract Documents thoroughly, (2) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the work, (3) consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the work, (4) study and carefully correlate Bidder's observations with the Contract Documents and (5) notify Engineer or Owner of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data furnished to Owner by owners of such underground facilities or other, and Owner does not assume responsibility for the accuracy or completeness thereof. 4.3. Before submitting a bid each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the work and which Bidder deems necessary to determine its bid for performing and furnishing the work in accordance with the time, price and other terms and conditions of the Contact Documents. SANDEROS PHASE 2 CITYPROJECT NO. 105416 0021 13 - 2 INSTRUCTIONS TO BIDDERS Page 2 of 5 51 4.4. On request in advance Owner will provide each Bidder access to the site to conduct such 52 explorations and tests, as each Bidder deems necessary for submission of a bid. Bidder shall fill 53 all holes, clean up and restore the site to its former condition upon completion of such 54 explorations. 55 56 4.5. The lands upon which the work is to be performed, right-of-way and easements for 57 access thereto and other lands designated for use by Contractor in performing the work are 58 identified in the Contract Documents. All additional lands and access thereto required for 59 temporary construction facilities or storage of materials and equipment are to be provided by 60 Contractor. Easements for permanent structures or permanent changes in existing structures are 61 to be obtained and paid for by Owner. 62 63 4.6. The submission of a bid will constitute an incontrovertible representation by Bidder that 64 Bidder has complied with every requirement of Item 4, that without exception the bid is premised 65 upon performing and furnishing the work required by the Contract Documents and such means, 66 methods, techniques, sequences or procedures of construction as may be indicated in or required 67 by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to 68 indicate and convey understanding of all terms and conditions for performance and furnishing of 69 the work. 70 71 4.7. Reference is made to the Supplementary Conditions for identification of: 72 73 a). Those reports or explorations and tests of subsurface conditions at the site which have 74 been utilized by Owner in preparation of the Contract Documents. Bidder may rely upon 75 the accuracy of the technical data contained in such reports, except as qualified in the 76 report, but not upon nontechnical data, interpretations or opinions contained therein or for 77 the completeness thereof for the purposes of bidding or construction. Contractor is 78 alerted to the fact that certain subsurface conditions may change (such as groundwater 79 levels) and that borings provide isolated information at the specific bore location only. 80 81 b). Those drawings of physical conditions in or relating to existing surface and subsurface 82 conditions (except underground facilities) which are at or contiguous to the site which 83 have been utilized by Owner in preparation of the Contract Documents. Bidder may rely 84 upon the accuracy of the technical data contained in such drawings but not upon the 85 completeness thereof for the purposes of bidding or construction. 86 87 Copies of such reports and drawings will be made available by Owner to any Bidder on 88 request. Those reports and drawings are not part of the contract documents, but the 89 technical data contained therein upon which Bidder is entitled to rely as provided in 90 Paragraphs a). and b). are incorporated therein by reference. Such technical data has 91 been identified and established in the Supplementary Conditions. 92 93 5. INTERPRETATIONS AND ADDENDA 94 95 5.1. All questions about the meaning or intent of the Contract Documents are to be directed to 96 Owner or Engineer. Interpretations or clarifications considered necessary by Owner or Engineer 97 in response to such questions will be issued by addenda and mailed or delivered to all parties 98 recorded by Engineer as having received the bidding documents. Questions received less than 48 99 hours prior to the time for opening bids may not be answered. Any addenda issued prior to the 100 opening of bids will be electronically transmitted by facsimile or electronic mail to each 101 contractor contemplating the submission of a proposal on this work. The Contractor will be 102 notified by phone of the issuance of the addenda. The proposal as submitted by the Contractor 103 will be so constructed as to include any addenda if such are issued by the Owner prior to twenty- SANDEROS PHASE 2 CITYPROJECT NO. 105416 0021 13 - 3 INSTRUCTIONS TO BIDDERS Page 3 of 5 104 four (24) hours of the opening of bids. Only questions answered by formal written addenda will 105 be binding. Oral and other interpretations or clarifications will be without legal effect. 106 107 5.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 108 Owner or Engineer. 109 110 6. BID SECURITY — NOT APPLICABLE 111 112 7. LIQUIDATED DAMAGES 113 114 The time of completion is the essence of this Contract. For each day that any work shall remain 115 uncompleted after the time specified in the proposal and the Contract, or the increased time 116 granted by the Owner, $500 per working day shall be assessed as Liquidated Damages. 117 Liquidated damages shall be deducted from the monies due to the Contractor. 118 119 8. SUBCONTRACTORS, SUPPLIERS AND OTHERS 120 121 8.1. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers and 122 other persons and organizations including those who are to furnish the principle items of 123 materials and equipment) to be submitted to Owner in advance of the specified date prior to the 124 Effective Date of the Agreement, the apparent Successful Bidder, and any other bidder so 125 requested, shall within seven days after the bid opening submit to Owner a list of all such 126 Subcontractors, Suppliers and other persons and organizations proposed for those portions of the 127 Work for which such identification is required. Such list shall be accompanied by an experience 128 statement with pertinent information regarding similar projects and other evidence of 129 qualification for each such Subcontractor, Supplier, person or organization if requested by 130 Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed 131 Subcontractor, Supplier, other person or organization, either may before the Notice of Award is 132 given request the apparent Successful Bidder to submit an acceptable substitute, in which case the 133 apparent Successful Bidder shall submit an acceptable substitute, that Bidder's Bid price will be 134 increased (or decreased) by the difference in cost occasioned by such substitution and Owner may 135 consider such price adjustment in evaluating Bids and making the contract award. 136 137 If apparent Successful Bidder declines to make any such substitutions, Owner may award the 138 contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and 139 other persons and organizations. The declining to make requested substitutions will not constitute 140 grounds for sacrificing the Bid security of any Bidder. Any subcontractor, Supplier, other person 141 or organization listed and to whom Owner or Engineer does not make written objection prior to 142 the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to 143 revocation of such acceptance after the Effective Date of the Agreement. 144 145 8.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or 146 organization against whom Contractor has reasonable objection. 147 148 9. PROPOSAL 149 150 9.1. The proposal is included in the Bidding Documents and additional copies may be obtained 151 from Owner or Engineer. All bids must be submitted on the Proposal Form. 152 153 9.2. The Bidder shall use the original Proposal forms included in these bid documents. The 154 Proposal must be completed in ink or by typewriter. 155 SANDEROS PHASE 2 CITYPROJECT NO. 105416 0021 13 - 4 INSTRUCTIONS TO BIDDERS Page 4 of 5 156 9.3. Bids by corporations must be executed in the corporate name by the president or a vice- 157 president (or other corporate officer accompanied by evidence of authority to sign) and the 158 corporate seal must be affixed and attested by the secretary or an assistant secretary. The 159 corporate address and state of incorporation must be shown below the signature. 160 161 9.4. Bids by partnerships must be executed in the partnership name and signed by a partner, 162 whose title must appear under the signature and the official address of the partnership must be 163 shown below the signature. 164 165 9.5 All names must be typed or printed below the signature. 166 167 9.6. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which 168 must be filled in on the Proposal). 169 170 9.7. The address and telephone number for communications regarding the Bid must be shown. 171 172 9.8. The entire proposal must be completed for the entire scope of work. If the bidder does 173 not provide one of the track options, strike through that option. All other components of the bid 174 proposal must be filled in. 175 176 10. MODIFICATION AND WITHDRAWAL OF BIDS 177 178 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner 179 that a bid must be executed) and delivered to the place where Bids are to be submitted at any time 180 prior to the opening of Bids. 181 182 11. BIDS TO REMAIN SUBJECT TO ACCEPTANCE 183 184 All bids will remain subject to acceptance for sixty (60) days after the day of the Bids opening, 185 but OWNER may, in its sole discretion, release any Bid prior to that date. 186 187 12. AWARD OF CONTRACT 188 189 12.1 Owner reserves the right to reject any and all Bids, to waive any and all formalities, and 190 the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, 191 Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in 192 the best interest of the Project to make an award to that Bidder, whether because the Bid is not 193 responsible or the Bidder is unqualified or of doubtful financial ability or fails to meet any other 194 pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units 195 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the 196 unit price in words and the unit price in figures will be resolved in favor of the price in words. 197 Discrepancies between the indicated sum of any column of figures and the correct sum thereof 198 will be resolved in favor of the correct Sum. 199 200 12.2. In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not 201 the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, 202 as may be requested in the Bid Form or prior to the Notice of Award. 203 204 12.3. Owner may consider the qualifications and experience of Subcontractors, Suppliers, and 205 other persons and organizations proposed for those portions of the Work as to which the identity 206 of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided 207 in the Supplementary Conditions. Owner also may consider the operating costs, maintenance 208 requirements, performance data and guarantees of major items of materials and equipment SANDEROS PHASE 2 CITYPROJECT NO. 105416 0021 13 - 5 INSTRUCTIONS TO BIDDERS Page 5 of 5 209 proposed for incorporation in the Work when such data is required to be submitted prior to the 210 Notice of Award. 211 212 12.4. Owner may conduct such investigations as Owner deems necessary to assist in the 213 evaluation of any Bid and to establish the responsibility, qualifications and financial ability of 214 bidders, proposed Subcontractors, Suppliers, and other persons and organizations to perform and 215 furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the 216 prescribed time. 217 218 12.5. If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award 219 within sixty (60) days after the day of the Bid opening. 220 221 13. CONTRACT SECURITY 222 223 Article 4 of the Standard City Conditions for Developer Awarded Projects set forth Owner's 224 requirements as to maintenance, performance and payment Bonds. When the Successful Bidder 225 delivers the executed Agreement to Owner, it must be accompanied by the required maintenance, 226 performance and payment Bonds. 227 228 14. TRENCH SAFETY 229 230 The successful Bidder will be required to provide a trench safety plan at the time contracts are 231 signed and within the 15-day time period after Notice of Award. All cost for providing and 232 implementing the trench safety plan shall be included in the bid item for trench safety. 233 234 15. SIGNING OF AGREEMENT 235 236 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the 237 required number of unsigned counterparts of the Agreement with all other written Contract 238 Documents attached. Within fifteen days, thereafter Contractor shall sign and deliver the 239 required number of counterparts of the Agreement and attached documents to Owner with the 240 required Bonds. Within ten days, thereafter Owner shall deliver one fully signed counterpart to 241 Contractor. 242 243 16. RETAINAGE 244 245 Retainage of all partial construction pay estimates, where the total contract amount is less than 246 $400,000.00 (Four Hundred Thousand Dollars) shall be ten (10) percent of the amount due for 247 work performed. Retainage on all partial construction pay estimates where the total contract 248 amount is $400,000 or more, shall be ten (10) percent of the amount due for work performed. 249 250 251 END OF SECTION SANDEROS PHASE 2 CITYPROJECT NO. 105416 SECTION A UTILITY, DRAINAGE CONTRACT FORMS SECTION 00 42 43 Uovoloper Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Informmion Bidder's Proposal 1�10r 4m Unit f f3.! ymun, Dcscri >tion IE0. 1 Specification Section No. I 1 l Memo. JQ LUB Prim I hid Yahu r1� L1N4T C V/A"'ER IMPRQV I 1 331 1.0261 8" PVC Water Pipe 11 I_I 1$ LF i 3J175 -FMl t, $306,551.25I 2 �311.0001 Ductile Iron Water Fitlims - w/ Restraint 33 1 L III'IVN 1 3 $7,151.3 1 ^_ S21,454.02 I 3 a312.3um VC-*VnlsW 3k 127G HA 1 12 S2,312.65 $27,752.0,11 d 3312.0001 Fire Hydrant Assembir i i dG EA 4 _ $6,865.91 S27.463.64I i_ '1317.500.3 1'44ol.S.i_tm TO 47Uy.0394 Trench $hAft 1110 I L'X L rr 1oIt 51.554,59 51fi7.8"3.X21 7 13312,0117 Conaeclion to Existiou4"-12"Waler bdain-i11�3# 6A 7,97S 2 1 51" S1,665.34, SI; 133.75I 53,370.G8 UNIT I: WATER Frlj $656,921.101 I-~ II: SAmITJu�Y !E i I 3331.4115 8" Sower PJ,r j� `J3 31 12. 33 31 20 _ LF 1.199 $67.59 #_45.�50.?3{ 2 3331.016 CSS LInckfill 33 1110, 33 31 12, 33 31 20 LF 91 SR3,74 $7`574.84 3 3339,1001 4' Hlanholc 33 39 10, 33 39 20 EA . it - $'6 �0 S51,267. 12 ' d 3139.I Od1 ULU Dcolh Maidialu fsHk 3331.310] Sr�.re .ibe 33391 D. 33319.W 33 3F i0 _ VF Fes\_ ji � ,��i°s'2J,ij - S1,596.21 _ U'2?0 ID $172,390.6 IjF--S^ 6 3301.0002 Post -CCTV lnsocclion _ ]] 61 31 LF 1.936 5N,45 S5,664.0 7 3301.0101 Vlauholc Vacuum Tcslinµ_ 33 41 3¢ EA- - _ - -F. _ SISE.-J3 55.:1.4I 0 8 �3 0. 9 'Crensb-Safely 9 1 Slcel Cbdrra 33 ry} 10 000r] W LF _ LF +11� Sl.S I, 1.zm ?1/' $7 799 2 $10.676-41 10 4499.44t73-{'onnerJ Go- {xisl,�¢3ewa I*m0 - JI 19•TD9.A90SE"UurxilcLaiMllwdJ..ireBGA•i.M'.J-3 no woo F�1 LF 1 SI.872.97 8L17-Sff 19-164.65 555,975.22 I U1h11T �! 6ANTTARY ER ICrttl $415,643,141 I I �yFfr _ A It EIRANNAfaE ISIPRGV B I 1 4-L1 i-0t4,_d 11" Culr'SLI I}} 41 10 LF J to wdL" 55f m.44I #_ 341-1101 4x2 Box Culvert `134� PC, _ LF IRS I f111.79 S59531.I3 } 341.0602 60" RCP- Class III 334110 LF L 9359-15 5234,165.80 -0 33,11.0401. 42" RCP, Class 111 .3341 10 LF 31t I $201.0 $58.0,10.6,11 I 5 13.11.0309 36" RCP, Class 111 3341 10 LF 110 1 $153.05 Sit-S_m4 BSJ 6 33,11,0208 27" RCP. Class 111 12 4t_11) LF 47$ 1 $112.63 $53 490 251 7 33,11.0205 24' RCP, Class III 3341 10 LF --4-d0 S95.91 $39.364.01 9 33.11.0201 21" RCP, Class 111 33 -11 10_ _ LF - _ I 434 3Ez 0 SlIcA { I 1 U 33,19.5002 I5'CurbInlet r _ !]+1919} EA IF $10.656.00 Sk17216. 10 3349.5001 10' Curb inlet T 13 d9 SU EA .1 S8.047.50 $32,190.0 I 11 3349.0001 Tx4'Storm Junction Box T 33 +4910 EA ,1 S6,105.00 .00 1 17 33.19.0002 S:xYStorm Junction Box 3349111 EA 1 S7,770.00, S7,770.00 1.1 33,19.-- -iT $lams Jtmalim 11ax 33,1910 '� EA _ 1 $13,320.00s', $26.640.00 M 3137.0104 12'Slone Ripmp,&Y 113709_ SY +I} SI1R 75 $57.303.751 I 1} 1130d 411 D9 Tr4uCh 5nrily NW 10 LF 2,951 Sn 0 S1,796.13I I I• 9999.0004 4:�1' RCD Slapcd Hcljdwall r 119 10 EA $9,990.00 59,990.00 17 �9999A M 61Y R[91 81updd I"I.Wl i �XX 40-1a 'g} EA 1 $5.272.50 55,273. Sal `9999.0006 30" RCP Sloped l Icadsvall 44 d0 EA _ 1 1 IWM&,��OR01 FJj�IN1�1[> , I I $2.,886.001 $2.886.001 $875.289.93 flommm - UNIT I: WATER IMPROVI=MENTSMENTS $555.921.1A UNIT II: SANITARY SEWER IMPROVEMENTS _ $416.643.1-01 UNIT III: DRAINAGE IMPROVEMENTS 3875.289.931 TOTAL UNIT IV: PAVING IMPJ2�Y�Jv_01 -r UNIrvSTREETLIGHTINGI�N,jjP dd�i//''�F"'E((ffYS ..._ - . 'Ru:d {loft r„rl•'- liisi $1,848,864.17 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 7S working days after the dole wboo fire CONTRACT commences to an as prodded in the General Conditions. Ertl) Or AEC1r1UN 131r' (' gni11 1r1 TITLE: io1 ��12K 01 YtR 145RIAmNI l SrAi 1113 ctrolrrtWunvr W?lk%'h'rkNsxKiMfvnt IX!MI r1P1'M AtyJllep Y111rtFA"r1 h-r �-..1 rar l-auf '•'ir" 1kl r''rn,a IMP - I xr"k 00 ,15 12 DAP PREQUALIPICATION STATENIENT Page 1 of I SECTION 00 45 12 DAP — PREQUALII--ICATION S'l'A'I'EMEN'I' Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Mayor Work 'ryoc" box Drovide the complete major worktvoc and actual descri_otion as provided by —the Water Department water and sewer and TPW for Davina. Major Work'I'ypc Water Distribution, Development, 24-inches and smaller SeNver Collection System, Development, 8-inches and smaller Storm Drainage System Development Contractor/Subcontractor Company Name L.H. Lacy Company, Ltd. L.H. Lacy Company, Ltd. L.H. Lacy Company, Ltd. Prequalification Expiration Date 4/30/25 4/30/25 4/30/25 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: L.H. Lacy Company, Ltd BY: (i aturc) DATE: END OF SECTION CITY Ok FGu woa rH STANDARD CONSTRUCTION PREQUAIJPICATION STATEMENT — DEVELOPER AWARDED PROJECTS 00 45 12,1'requallflcation Statement 2015.1)AP.docx Form V&slon September 1, 2015 2 3 4 5 6 7 8 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 3 7 38 39 40 41 42 43 44 45 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of I LSECTION 00 45 26 CONTRACTOR COMPLIANCE WITI I WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 105416. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: L.H�Lacv Cornt)anv. Ltd. i _ By: Company (Ple .se Print) 1880 Crown Road Signature: -7b Address Dallas. "I'X 75234 Title: P-Gah,' Imo, City/State/Gip (Please Print) TI-IE STATE OF TEXAS § COUNTY OF TARRAN'T § BEFORE ME, the undersigned authority, on this day personally appeared — L - _ , known to me to be the person whose name is Subscribed tollic foregoing in trumcnt, and acknowledged to me that he/she CxCCIIted the same as the act and deed of>�,#i C.__ for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY I-IAND AND SEAL OF OFFICE this 1 day of _ 1 ., DAWN MICHELLE LOFLAND My Notary ID # 11380310 otary Public in and for the State f Texas f,` ' ExplresAugust 8, 2026 END Or SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 SANDESROS PHASE 2 CITY PROJECT No. 105416 2 3 SECTION 00 52 43 AGIZEI3MI N"T 00 52 43 - I Developer Awarded Project Agreement Page] of 4 4 T'HIS AGREEMENT, authorized on is made by and between the 5 Developer, (M/I Homes of DFW, LLC), authorized to do business in Texas ("Developer"), and 6 L.I•I. Lacv Comuanv. Ltd. authorized to do business in 'Texas, acting by and through its duly 7 authorized representative, ("Contractor"). 8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK I I Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2. PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: b [,Vate�. Seiyer. Drainaee to Sanderos Phase 2 17 Ci � iQievi No. 105416 19 Article 3. CONTRACTTIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 75 working days after the date 24 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 25 City Conditions of the Construction Contract for Developer Awarded Projects. 26 13 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that Developer 28 will suffer financial loss if the Work is not completed within the times specified in 29 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 30 the Standard City Conditions of the Construction Contract for Developer Awarded 31 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 32 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 33 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees 34 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 35 Developer Tivo Hundred Forty Dollars ($240.00) for each day that expires after the time 36 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 37 Acceptance, OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CiTY OF FORT WORTH SANDEROS PHASE 2 S'i'ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CTTS'PROJECTNo. 105416 Revised June 16, 2016 005243-2 Developer Awarded Project Agreement Page 2 or4 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 40 Documents an amount in current funds of One Million. Eip-lit Hundred Fortv-Six Thousand. Eiallt 4i Hundred Fiftv-Dour Dollars & Seventeen Cents ($ I,846,854.17). 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CON"fI;NfS: 44 A. The Contract Documents which comprise the entire agreement between Developer and 45 Contractor concerning the Work consist of the following: 46 1. "Phis Agreement. 47 2. Attachments to this Agreement: 48 a. Bid Form (As provided by Developer) 49 1) Proposal Form (DAP Version) 50 2) Prequalification Statcment 51 3) State and Federal documents (project specific) 52 b. Insurance ACORD Form(s) 53 c. Payment Bond (DAP Version) 54 d. Performance Bond (DAP Version) 55 e. Maintenance Bond (DAY Version) 56 f. Power of Attorney for the Bonds 57 g. Worker's Compensation Affidavit 58 h. MBE and/or SBE Commitment Form (If required) 59 3, Standard City General Conditions of the Construction Contract for Developer 60 Awarded Projects. 61 4, Supplementary Conditions. 62 5, Specifications specifically made a part of the Contract DOCUrnents by attachment 63 or, if not attached, as incorporated by reference and described in the 'fable of 64 Contents of the Project's Contract Documents. 65 6, Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9, The following which may be delivered or issued after the I'ffective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders, 72 c. Change Orders. 73 d. Letter of Final Acceptance, 74 75 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTII SlIMDEROS PHASE 2 S'I'ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CI YPROJECTNo. 105416 Revised June 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of 4 76 Article 6. INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of, the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This indemnification provision is specifically intended to operate 82 and be effective even if it is alleged or proven that all or some of the damaecs being 83 souelit were caused, in whole or in part, by anv act, omission or negligence of the cite, 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs, expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6,2 Conti -actor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city, its officers, servants and employees, from and against any and all loss, damage 90 or destruction of property of the city, arising out of, or alleged to arise out of, the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 provision is specifically intended to operate and be effective even if it is alleged or 94 proven that all or some of the damages being sought were caused, in whole or in hart, 95 by anv act, omission or n, gligence of the city. 96 97 Article 7. MISCELLANEOUS 98 7.1 'terms. 99 'Calls used in this Agreement are defined in Article 1 of the Standard City Conditions of 100 the Construction Contract for Developer Awarded Projects. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the Developer. J04 7.3 Successors and Assigns. 105 Developer and Contractor each binds itself, its partners, successors, assigns and legal JOG representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract DOCUrnCntS. 108 7.4 Severability. 101) Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all III remaining provisions shall continue to be valid and binding upon DEVELOPER and 112 CONTRACTOR. 113 7.5 Governing Law and VC11LIC. 114 '['his Agreement, including all of the Contract Documents is performable in the State of 115 "Texas. Venue shall be Tarrant County, 'Texas, or the United States District Court for the 116 Northern District of'Texas, Fort Worth Division. CITY OF FORT WORTH SAAIDEROS PI111SE 2 STANDARD CONS'rRucriON SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CI'T}'PROJECT No. 105416 Revised June 16, 2016 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 005243-4 Developer Awarded Project Agreement Page 4 of 4 117 118 7.6 Authority to Sign. 119 Contractor shall attach evidence of authority to sign Agreement, if other than duly 120 authorized signatory of the Contractor. 121 122 IN WITNESS WIIEREOF, Developer and Contractor have executed this Agreement in multiple 123 counterparts. 124 125 This Agreement is effective as of the last date signed by the Parties ("Effective Date"), 126 127 Contractor: L.H. Lacy Company Ltd. By: r (4Z11 ure) (Printed Name) Title: pa(4"J C lw Company Name: L .4, . a Col c L1 1 Address: 1880 Crown Road City/State/Zip: Dallas, TX 75234 Data Developer: M/1 HOMES OF DFW, LLC By: 6&, 'D ignaturc) (Printed Name) 'Title:-Vp (.,AVIJ 1: ampany mime: VIfl HOMES OF DPW, LLC Address: 700 SH 121 13yposs, Satile 100 City/State/Zip: Lewi sville/7'exas/75067 Date ! 0�-1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CrrY OF PORT woRTFI SiiNDCROS PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPHER AWARDED PROJEMS C1T)'PROJTsCTNo. 105416 Revised June 16, 2016 1 2 3 4 5 6 0062 13- 1 PERFORMANCE BOND Paue I of 2 Bond Number: 5826363 SECTION 00 62 13 PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § 7 That we. L.H. Lacv Comuanv, Ltd. known as "Principal" herein and S Great American Insurance Company a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the Developer, M/I HOMES OF_DFW._LLC, authorized 1 I to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 12 ("City"), in the penal sum of, ONE MILLION, EIGHT HUNDRED FORTY-SIX THOUSAND, 13 EIGHT HUNDRED FIFTY-FOUR DOLLARS & SEVENTEEN CENTS ($ L846,854.17), 14 lawful money of the United States, to be paid in Foil Worth, Tarrant County, Texas for the 15 payment of which sum well and truly to be made jointly unto the Developer and the City as dual 16 obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 17 and severally, firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities 20 Agreement, CFA Number CFA24-0139 , and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the day of , 20_, which Contract is hereby referred to and made a 23 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 24 and other accessories defined by law, in the prosecution of the Work, including any Change 2S Orders, as provided for in said Contract designated as Water, Sewer, Drainaae ImUrovements to 26 Serve Sanderos Phase 2 27 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 28 shall faithfully perform it obligations under the Contract and shall in all respects duly and 29 faithfillly perform the Work, including Change Orders, under the Contract, according to the plans, 38 specifications, and contract documents therein referred to, and as well during any period of 31 extension of the Contract that may be granted on the part of the Developer and/or City, then this 32 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH SANDG7?0.S PHASE 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PRO.]ECTS C77T7'R0JECT A'a 105410 Revised January 31, 2012 006213-2 PERFORMANCE BOND Page 2 or2 I PROVIDED FURTHER, that if any legal action be tiled on this Bond. venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. d This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 8 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 40 41 42 43 44 45 46 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of .20 AYTT EST: x �,) U✓ rprincip Secretar Witness as to Principal Witness as to Surety David T. �Micette PRINCIPAL: L.H. Lacv Comllanv. Ltd, BY: Signatut Nan"And Title Address: 1.880 Crown Road Dallas. TX 75234 SURETY: Great American Insurance Company IiY: Si nature Ashley Bri, Attorney -In -Fact Name and Title Address: 301 E. Fourth Street Cincinnati, OH 45202 Telephone Number:. (513) 369-5000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract ft'om the by-laws shoving that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH SANDEROS PI1dS1i ? STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS ('lTY PROJECI'rVn. 105416 Revised January 31, 2012 SECTION 00 62 14 PAYMENT BOND 0062 14- 1 PAYMENT BOND Page I of 2 Bond Number. 5826363 THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT 7 That we, L.H. Lacv ComDanv, Ltd. known as "Principal" herein, and 8. Great American Insurance Company a corporate surety ( or 9: sureties if more than one), duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the Developer. M/I I I HOMES OF DFW, LLC, authorized to do business in Texas "(Developer"), and the City of Fort 12 Worth, a Texas municipal corporation ("City"), in the penal sum of ONE MILLION. EIGHT 13 HUNDRED FORTY-SIX THOUSAND. EIGHT HUNDRED FIFTY-FOUR DOLLARS & 14 SEVENTEEN CENTS ($ 1.846.854.17), lawful money of the United States, to be paid in Fort 15 Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto 16 the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, 17 administrators, Successors and assigns, jointly and severally, firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number CFA24-0139; and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the day of , 20 , which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as Water, Sewer, Drainaee Improvements 26 to Serve Sanderos Phase 2. 27 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 2.8 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 29 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Wort( under 30 the Contract, then this obligation shall be and become null and void: otherwise to remain in full 31 force and effect. CITY OP PORT WORTH SIINDh.'ROS' PHASE 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT Aro. 105416 Revised Januanv 31, 2012 006214-2 PAYMENT BOND Page 2 of 2 I This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 3 this instrument by duly authorized agents and officers on this the day of to , 20 7 PRINCIPAL: L.H. Lacv ComDanv. Ltd. ATTEST: BY: _ Signature (Principal Secretary Name and itle Address: 1880 Crown Road Dallas- TX 75234 Witness as to Principal ATTEST: ( urety) W Lacey Hitchcock SURETY: Great American Insurance Company BY: Signat re Ashley Britt, Attorney -In -Fact Name and Title Address: 301 E. Fourth Street - Cincinnati, OH 45202 Witness as to Surety David T. Miclette Telephone Number: (513) 369-5000 8 9 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 10 bylaws showing that this person has authority to sign such obligation. If Surety's physical I I address is different from its mailing address, both must be provided. 12 13 The date of the bond shall not be prior to the date the Contract is awarded. 14 END OF SECTION CITY OF FORT WORTH SANDEROS PHASE 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CIT)' PROJF,CT No. 105416 Revised January 31, 2012 0062 19 - 1 MAINTENANCE BOND Page I ot'3 SECTION 00 62 19 Bond Number: 5826363 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we L.H. Lacv Comi3anv, Ltd. known as "Principal" herein and 8 Great American Insurance Company , a corporate surety (sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the Developer, M/1 HOMES OF DPW. LLC, authorized 1 1 to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 12 ("City"), in the sum of ONE MILLION. -EIGHT HUNDRED FORTY-SIX THOUSAND. EIGHT 13 HUNDRED FIFTY-FOUR DOLLARS & SEVENTEEN_ CENTS ($ 1,846,854.17), lawful money 14 of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum 15 well and truly be made jointly unto the Developer and the City as dual obligees and their 16 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 17 and severally, firmly by these presents. 18 Iq WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number CFA24-0139 and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the day of , 20, which Contract is 24 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 25 materials, equipment labor and other accessories as defined by law, in the prosecution of the 26 Work. including any Work resulting from a duly authorized Change Order (collectively herein, 27 the "Work") as provided for in said Contract and designated as Water, Sewer, Drainaee 28 Improvements to �eveSanderos Phase 2; and 29 30 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 31 accordance with the plans, specifications and Contract Documents that the Work is and will 32 remain free from defects in materials or workmanship for and during the period of hvo (2) years 33 after the date of Final Acceptance of the Work by the City ("Maintenance Period"): and 34 CITY OF FORT WORTH SANDEROS PHASE 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 07T PROJECT Aln. 105416 Revised Januaty 31.2012 006219-2 MAINTENANCE BOND Page 2 of 3 I WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance Period. 4 S NOW THERE, FORE. the condition of this obligation is such that if Principal shall G remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 8 remain in full force and effect. 9 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 1 1 noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety under this Maintenance Bond: and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Port 17 Worth Division: and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FORT WORTH SANDEROS PHASE 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS C'17T PROJECT No. 105416 Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 or I IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the day of 3 .20 S 6 7 8 9 10 ITEST: 11 12 �At il 13 (Principa Secreta 14 15 16 17 18 19 Witness as to Principal 20 21 22 23 24 25 26 27 28 ATTEST: 29 30 L 31 (Surety) Lacey Hitchcock 32 33 34 Witness as to Surety David T. Miclette 35 36 *Note: 37 38 39 40 41 PRINCIPAL: L. K Lacy CoJnUmLv_ Ltd. BY: Signature NanA and Title Address: 1880 Crown Road Dallas. TX 75234 SURETY: Great American Insurance Company fiY� ,d gnature Ashley B , Attor n-Fact Name and Title Address: 301 E. Fourth Street Cincinnati. OH 45202 Telephone Number: _(513) 369-5000 If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. if Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH SANDEROS PHASE 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITS' PROJECT A'o. 105416 Revised January 31. 2012 GREAT AMERICAN INSURANCE COMPANYO Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 'file number of persons authorized by this power oratlorney is not morethan Twelve No. o 22535 PONVER OF ATTORNEY KNONV ALLMEN BYTIIIESE PRESENTS: That the GREAI'AMERIC'AN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the Slate of Ohio, does hereby nominate, constitute all(] appoint the person or persons name([ below, each individually if more lhau one K natnmc�(i. its Irtie sta(I iaW fl ll nlltrrncy kk- iWI, rul- it 11n(t irk its nrntmc, lmlacc load ylcatl 10 e,xCVnlc CAI bclt0 r 4111C :stud CD151paay, Lis slncly, rnty ar1(I n l l hoods, undertakings aad contracts of suretyship, or other written obligations in file nature thereof; provided that the liability of the said C•onipany on ally such bond, undertaking or contract ofstirelyship execute([ under this authority shall not exceed the limit stated below. Nance Address Limit of Power Stacey Bosley Nikole Jeannette All of All Ashley Britt David T. Miclette Houston, Texas $100,000,000 Lucas Lomax Lacey Hitchcock Will Duke Nancy Rios Rita G. Gulizo Stacy Owens Robert C. Davis Barry K. McCord This Power ofAtiorney revokes all previous powers issue([ on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREATAMERICAN INSURANCE COMPANY has caused these presents to be signed and ates(ed by its appropriate officers awl its corporate seal hereunto affixed this 10111 day of September , 2024 ,v Ares( GREATAMERICANLNSU ANCECOMPAN' . t.�xixlaul Srrtrlarr Dirteionul ,S'rnlor lire I'n'.cir(enl STATE OF 0111O, COUNTY OF HAMILTON - ss: MARK VICARio (877-377-2405) On Ihis 10th day or September 2024 , bel'ore nie personally appeared N,IAIZK V ICARIO, to nie kllo+vll, acing duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Greal Aniericam Insurance Company, the Company described in and which executed the above instrument; that he knows the sett of (he said Company; that the seal affixed to the 'aid instrunncnl is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto :3y like authority. SUSAN A KOHORST Vw'l Notary Public State of Ohio My Comm, Expires May 18, 2025 This Power ofAltomey is granted by atthority of the following resodulioas adopted by the Board of Directors of Great American Insurance Company by unanimous written consent (late([ .tune 9, 2008, RE-SOLI'ED: That the Divisional President, the several Divisional Senior Dice Pres•idena, Divisional Nice 111-midents and Divicoltul Assistala I rc•e Prrsidems, or urn' one gl7henl, be and herehi, is authorized, front time to lime, to appoint one or more Allornrttc-in-Fact In e.vecute oilbehaU'of•dle Coutpto tv, its surely, ion, and rill bonds, undertakings• and contracts o/'sureh'ship, or other a♦ri(len obligations in e the nature thereof; to prescribe their respective Julies and Ili(, nwllectiye limits ol'their atilhorily: anel to J•er'oke anl'such appointinew at alit' little. RE"SOLNrD FURTHER: That the C'oinpanP seal and the slgnalure q/'atly ol'the aforesaid officers and any Secretary or; Issdstant Secretary of the C'onipnr(I' uuq' be a ivied bl,facsinti/e to (till'pou'er gf'atlorney or cerIllic•a/e o/'eilhe•rgiven /or the e.rceution o/'ant' hone/, ander•lakiug, contract q/'s•urelvship, ur utter nrillen ubligalion in the nolure du'reul; such signahne nail seal +then so ased being hereby adopled by the Coutpulry as• the urlginul.cigncrture oJ.euch officer and the original seal of the C'ontpatty, ro he valid and binding upon the C'onlpeum with lire saule force and elect (is though manuollr affixed. CER•rIFICATION I. S,ri- PH I.N C. BF,RAHA, Assistant Secretary of Great American Insurance C'onnpany, do hereby certify that the fbregoing Power ol'Altorney and the Resolutions of the Board ol'Directors of,lunc 9. 2008 have not been revoke([ and are now in Jill lbrce and effect. Signal wad Sealed this Lill' of Yr FLIy, 4e,— e . -3 Usi.ctunl See/etrn-r 51029AII (03/20) Great American Insurance Coiupany of New York GREXIAME,ItICAN Great American Alliance Insurance Company INSURANCE GROUP Great American Insurance Company INIPORTANT NOTICE: To obtain information or make a complallil: YOU may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9091 FAX: 1-512-490-1007 Your notice of claim against the attached bond May be given to the Surety C0111pally that issued the bond by sending it by certified or registered mail to the following address: Mailing Address: Great American [nsurance Company P.O. Box 2119 Cincinnati, Ohio 45202 Physical Address: Great American Insurance Company 301 E. Fourth Street Cincinnati, Ohio 45202 YOU may also contact the Great AmerlCall IIISLII'allce Company Claim office by: Fax: 1-888-290-3706 Telephone: 1-513-369-5091 L'inail: BondClaims(c_i)GAIG.COM PREMIUM OR CLAIM DISPUTES: Ili yoLI have a dispute concerning a prenliunl, YOU should contact the agcIll first. I f yOU have a dispute concerning a claim, YOU should contact the company III-Sl. I f the dispute is not resolved, you may contact the Texas Department of [nsurance, A`I'TACH 'PHIS NOTICE TO YOUR BOND: This notice Is for Illformatioil only and does not become a part or condition of the attached doculnellt. 1-.9667A (06/22) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET FLEX ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number CPP20675291501 Policy Expiration Date 02/01/2025 Named Insured L. H. Lacy Company, Ltd. Agency Number 0765330 Date 02/01/2024 Agency BOWEN MICLETTE & BRITT LLC Policy Effective Date 02/01/2024 Account Number 20017633 Issuing Company AMERISURE INSURANCE COMPANY A. SECTION II - WHO IS AN INSURED is amended to add as an additional insured: 1. Any person ororganization with whom you have agreed in a "written agreement' that such person or organization be added as an additional insured on this policy, and any other person or organization you are required to add as an additional insured under such "written agreement'. 2. If "your work" began under a written letter of intent or written work order, any person or organization who issued the written letter of intent or written work order, but: a. such coverage will apply only for 30 calendar days following the date the written letter of intent or written work order was issued; and b. the person or organization is an additional insured only for, and to the extent of, liability arising out of "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your negligent acts or omissions, or the negligent acts or omissions of others working on your behalf, in the performance of your work as specified in the written letter of intent or written work order. This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. For the purposes of the coverage provided by this endorsement, a "written agreement' means a written contract or written agreement that: 1. requires you to include a person or organization as an additional insured for a period of time during the policy period; and 2. is executed prior to the occurrence of "bodily injury", "property damage", or "personal and advertising injury" that forms the basis for a claim under this policy. The insurance provided by this endorsement does not apply to any person or organization that is specifically listed as an additional insured on another endorsement attached to this policy. CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 1 of 3 Policy Number: CPP20675291501 Effective Date: 02/01 /2024-02/01 /2025 B. The coverage provided to any person or organization added as an additional insured pursuant to Paragraph A.1 is limited as follows: 1. If the "written agreement" specifically and exclusively requires you to name the person or organization as an additional insured using the ISO CG 20 10 endorsement with edition dates of 11 85 or 10 01, or the ISO CG 20 37 10 01 endorsement, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" for that insured by or for you. 2, If the "written agreement" requires you to name the person or organization as an additional insured using the ISO CG 20 10 and or CG 20 37 endorsements without specifically and exclusively requiring the 11 85 or 10 01 edition dates, that person or organization is an additional insured, 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. If the "written agreement" requires you to name the person or organization as an additional insured for operations arising out of your work and does not specify an ISO additional insured endorsement, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" arising out of your acts or omissions, or the acts or omissions of others working on your behalf, in the performance of your work as specified in the "written agreement". This coverage does not apply to liability arising out of the sole negligence of the additional insured unless specifically required in the "written agreement". 4. If none of the above paragraphs apply, then the person or organization is an additional insured only for, and to the extent of, liability arising out of "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your negligent acts or omissions, or the negligent acts or omissions of others working on your behalf, in the performance of your work as specified in the "written agreement". This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. However, the insurance afforded to such additional insured only applies to the extent permitted by law. C. The insurance provided to an additional insured under this endorsement does not apply to: "Bodily injury" or "property damage" included in the "products -completed operations hazard" unless the "written agreement" specifically requires such coverage (including by specifically requiring the CG 20 10 11 85). To the extent the "written agreement" requires such coverage for a specified amount of time, the coverage provided by this endorsement is limited to the amount of time required for such coverage by the "written agreement". 2. "Bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: a. The preparing, approving, or failing to prepare or approve: (1) Maps; (2) Drawings; (3) Opinions; (4) Reports; (5) Surveys; (6) Change orders; CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 2 of 3 Policy Number: CPP20675291501 Effective Date: 02/01 /2024-02/01 /2025 (7) Design specifications; and b. Supervisory, inspection, or engineering services. D. The limits of insurance that apply to the additional insured are the least of those specified in the "written agreement" or declarations of this policy. Coverage provided by this endorsement for any additional insured shall not increase the applicable Limits of Insurance shown in the Declarations. The limits of insurance that apply to the additional insured are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. E. With respect to the coverage provided by this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. a. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: (1) Primary; (2) Excess; (3) Contingent; or (4) On any other basis. In addition, this insurance is excess over any self -insured retentions, deductibles, or captive retentions payable by the additional insured or payable by any person or organization whose coverage is available to the additional insured. However, if the "written agreement' requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative only to the other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. For any other insurance available to the additional insured where that person or organization is not a Named Insured, this policy will share coverage with that other insurance based on the terms specified in Paragraph b. Method of Sharing below. b. Method of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this method, 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. CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET FLEX ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number CPP20675291501 Policy Expiration Date 02/01/2025 Named Insured L. H. Lacy Company, Ltd. Agency Number 0165330 Date 02/01/2024 Agency BOWEN MICLETTE & BRITT LLC Policy Effective Date 02/01/2024 Account Number 20017633 Issuing Company AMERISURE INSURANCE COMPANY A. SECTION II -WHO IS AN INSURED is amended to add as an additional insured: 1. Any person ororganization with whom you have agreed in a "written agreement' that such person or organization be added as an additional insured on this policy, and any other person or organization you are required to add as an additional insured under such "written agreement'. 2. If "your work" began under a written letter of intent or written work order, any person or organization who issued the written letter of intent or written work order, but: a. such coverage will apply only for 30 calendar days following the date the written letter of intent or written work order was issued; and b. the person or organization is an additional insured only for, and to the extent of, liability arising out of "bodily injury", "property damage", or "personal and advertising injury' caused, in whole or in part, by your negligent acts or omissions, or the negligent acts or omissions of others working on your behalf, in the performance of your work as specified in the written letter of intent or written work order. This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. For the purposes of the coverage provided by this endorsement, a "written agreement' means a written contract or written agreement that: 1. requires you to include a person or organization as an additional insured for a period of time during the policy period; and 2. is executed prior to the occurrence of "bodily injury', "property damage", or "personal and advertising injury' that forms the basis for a claim under this policy. The insurance provided by this endorsement does not apply to any person or organization that is specifically listed as an additional insured on another endorsement attached to this policy. CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 1 of 3 Policy Number: CPP20675291501 Effective Date: 02/01/2024-02/01/2025 N. The coverage provided to any person or organization added as an additional insured pursuant to Paragraph A.1 is limited as follows: 1. If the "written agreement" specifically and exclusively requires you to name the person or organization as an additional insured using the ISO CG 20 10 endorsement with edition dates of 11 85 or 10 01, or the ISO CG 20 37 10 01 endorsement, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" for that insured by or for you. 2, If the "written agreement" requires you to name the person or organization as an additional insured using the ISO CG 20 10 and or CG 20 37 endorsements without specifically and exclusively requiring the 11 85 or 10 01 edition dates, that person or organization is an additional insured, 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. 3. If the "written agreement" requires you to name the person or organization as an additional insured for operations arising out of your work and does not specify an ISO additional insured endorsement, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" arising out of your acts or omissions, or the acts or omissions of others working on your behalf, in the performance of your work as specified in the "written agreement". This coverage does not apply to liability arising out of the sole negligence of the additional insured unless specifically required in the "written agreement". 4. If none of the above paragraphs apply, then the person or organization is an additional insured only for, and to the extent of, liability arising out of "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your negligent acts or omissions, or the negligent acts or omissions of others working on your behalf, in the performance of your work as specified in the "written agreement". This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. However, the insurance afforded to such additional insured only applies to the extent permitted by law. C. The insurance provided to an additional insured under this endorsement does not apply to: "Bodily injury" or "property damage" included in the "products -completed operations hazard" unless the "written agreement" specifically requires such coverage (including by specifically requiring the CG 20 10 11 85). To the extent the "written agreement" requires such coverage for a specified amount of time, the coverage provided by this endorsement is limited to the amount of time required for such coverage by the "written agreement". 2. "Bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: The preparing, approving, or failing to prepare or approve: (1) Maps; (2) Drawings; (3) Opinions; (4) Reports; (5) Surveys; (6) Change orders; CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 2 of 3 Policy Number: CPP20675291501 Effective Date: 02/01/2024-02/0112025 (7) Design specifications; and b. Supervisory, inspection, or engineering services. o. The limits of insurance that apply to the additional insured are the least of those specified in the "written agreement' or declarations of this policy. Coverage provided by this endorsement for any additional insured shall not increase the applicable Limits of Insurance shown in the Declarations. The limits of insurance that apply to the additional insured are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. E. With respect to the coverage provided by this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. a. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: (1) Primary; (2) Excess; (3) Contingent; or (4) On any other basis. In addition, this insurance is excess over any self -insured retentions, deductibles, or captive retentions payable by the additional insured or payable by any person or organization whose coverage is available to the additional insured. However, if the "written agreement' requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative only to the other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. For any other insurance available to the additional insured where that person or organization is not a Named Insured, this policy will share coverage with that other insurance based on the terms specified in Paragraph b. Method of Sharing below. b. Method of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this method, 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. CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 3 of 3 Policy Number' CPP20675291501 Effective Date: 02/0112024-02/0112025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S GENERAL LIABILITY EXTENSION ENDORSEMENT TABLE OF CONTENTS 1. Additional Definitions 2, Aggregate Limits Per Location 3. Aggregate Limits Per Project 4. Blanket Contractual Liability — Railroads 5. Broadened Bodily Injury Coverage 6. Broadened Knowledge Of Occurrence 7. Broadened Legal Liability Coverage For Landlord's Business Personal Property 4 8. Broadened Liability Coverage For Damage To Your Product And Your Work 9. Broadened Who Is An Insured 10. Co -Employee Bodily Injury Coverage for Managers, Supervisors, Directors or Officers [see provision 9, Broadened Who Is An Insured, paragraph 2.a.(1)1 11. Contractual Liability — Personal And Advertising Injury 12. Damage To Premises Rented To You — Specific Perils and Increased Limit 13. Designated Completed Projects — Amended Limits of Insurance 14. Extended Notice Of Cancellation And Nonrenewal 15. Incidental Malpractice Liability 16. Increased Medical Payments Limit 17. Mobile Equipment Redefined 18. Nonowned Watercraft r 19. Product Recall Expense 20. Property Damage Liability — Alienated Premises 21. Property Damage Liability — Elevators And Sidetrack Agreements 22. Property Damage Liability — Property Loaned To The Insured Or Personal Property In The Care, Custody And Control Of The Insured 23. Reasonable Force — Bodily Injury or Property Damage 24. Supplementary Payments f 25. Transfer Of Rights (Blanket Waiver Of Subrogation) 26. Unintentional Failure To Disclose Hazards Includes copyrighted material of Insurance Services Office, Inc. Page 9 , 7 6 3 10 8 7 10 I 3 7 3 6 7 9 2 10 3 8 8 CG 70 63 04 17 Page 1 of 11 Policy Number: CPP20675291501 Effective Date: 02/01/2024-02/0112025 16. BROADENED KNOWLEDGE OF OCCURRENCE Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a. is deleted and replaced and paragraphs e. and f. are added as follows: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense, regardless of the amount, which may result in a claim. Knowledge of an "occurrence" or an offense by your 11employee(s)" shall not, in itself, constitute knowledge to you unless one of your partners, members, "executive officers," directors, or managers has knowledge of the "occurrence" or offense. 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. m If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by this Coverage Form, failure to report such an "occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b„ and G. above. However, you shall give writterl rlotice of this "occurrence" to us as soon you become aware that this'oonurrence" may be a liability claim rather than a workers compensation claim. f. You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product' and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under the insurance. 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be covered by this Coverage Form as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. 18. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the following: S. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. However, if the insured has waived rights to recover through a written contract, or if "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 19. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Includes copyrighted material of Insurance Services Office, Inc. Page 8 of 11 CG 70 63 04 17 Policy Number: CA20675281402 Effective Date: 02/01/2024-02/01/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement is $ 1. BROAD FORM INSURED SECTION II -LIABILITY COVERAGE, A.1. Who Is An Insured is amended by the addition of the following: d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or a majority interest, will qualify as a Named Insured. However, (1) Coverage under this provision is afforded only until the end of the policy period; (2) Coverage does not apply to "accidents" or "loss" that occurred before you acquired or formed the organization; and (3) Coverage does not apply to an organization that is an "insured" under any other policy or would be an "insured" but for its termination or the exhausting of its limit of insurance. e. Any "employee" of yours using: (1) A covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by the "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) An "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household. f. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow and while performing duties related to the conduct of your business or your personal affairs. g. Any person or organization with whom you agree in a written contract, written agreement or permit, to provide insurance such as is afforded under this policy, but only with respect to your covered "autos". This provision does not apply: (1) Unless the written contract or agreement is executed or the permit is issued prior to the "bodily injury" or "property damage"; (2) To any person or organization included as an insured by an endorsement or in the Declarations; or (3) To any lessor of "autos" unless: (a) The lease agreement requires you to provide direct primary insurance for the lessor; (b) The "auto" is leased without a driver; and Includes copyrighted material of Insurance Services Office, Inc. CA 71 18 11 09 Page 1 of 5 Policy Number: CA20675281402 Effective Date: 02/01/2024-02/01/2025 (c) The lease had not expired. Leased "autos" covered under this provision will be considered covered "autos" you own and not covered "autos" you hire. h. Any legally incorporated organization or subsidiary in which you own more than 50% of the voting stock on the effective date of this endorsement. This provision does not apply to "bodily injury" or "property damage" for which an "insured" is also an insured under any other automobile policy or would be an insured under such a policy, but for its termination or the exhaustion of its limits of insurance, unless such policy was written to apply specifically in excess of this policy. 2. COVERAGE EXTENSIONS - SUPPLEMENTARY PAYMENTS Under Section 11- LIABILITY COVERAGE, A2.a. Supplementary Payments, paragraphs (2) and (4) are deleted and replaced as follows: (2) Up to $2,500 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 3. AMENDED FELLOW EMPLOYEE EXCLUSION Under SECTION II - LIABILITY COVERAGE, B. EXCLUSIONS, paragraph 5. Fellow Employee is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees" that are officers, managers, supervisors or above. Coverage is excess over any other collectible insurance. b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of paragraph a. above. 4, HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION III -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: If any of your owned covered "autos" are covered for Physical Damage, we will provide Physical Damage coverage to "autos" that you or your "employees" hire or borrow, under your name or the "employee's" name, for the purpose of doing your work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown in the Declarations, Item Three, Schedule of Covered Autos You Own, or on any endorsements amending this schedule. B. Under SECTION III -PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions. paragraph b. Loss Of Use Expenses is deleted and replaced with the following: b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision, only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 5 CA 71 18 1109 Policy Number: CA20675281402 Effective Date: 02/01/2024-02/01/2025 (2) Specified Causes of Loss, only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision, only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $30 per day, to a maximum of $2,000. C. Under SECTION IV —BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, paragraph b. is replaced by the following: b. For Hired Auto Physical Damage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employees" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any "auto" you hire from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. LOAN OR LEASE GAP COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: If a covered "auto" is owned or leased and if we provide Physical Damage Coverage on it, we will pay, in the event of a covered total "loss", any unpaid amount due on the lease or loan for a covered "auto", less: (a) The amount paid under the Physical Damage Section of the policy; and: (b) Any: (1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by lessor; and (5) Carry-over balances from previous loans or leases. 6. RENTAL REIMBURSEMENT Under SECTION III - PHYSICAL DAMAGE COVERAGE, AA. Coverage Extensions, paragraph a. Transportation Expenses is deleted and replaced by the following: a. Transportation Expenses (1) We will pay up to $75 per day to a maximum of $2,000 for transportation expense incurred by you because of covered "loss". We will pay only for those covered "autos" for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. We will pay for transportation expenses incurred during the period beginning 24 hours after the covered "loss" and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss'. This coverage is in addition to the otherwise applicable coverage you have on a covered "auto". No deductibles apply to this coverage. Includes copyrighted material of Insurance Services Office, Inc. CA 71 18 1109 Page 3 of 5 Policy Number: CA20675281402 Effective Date: 02101/2024-02/01/2025 (2) This coverage does not apply while there is a spare or reserve "auto" available to you for your operation. I. AIRBAG COVERAGE Under SECTION III - PHYSICAL DAMAGE, B. EXCLUSIONS, paragraph 3. is deleted and replaced by the following: 3. We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is covered by this insurance: (1) Wear and tear, freezing, mechanical or electrical breakdown. However, this exclusion does not include the discharge of an airbag. (2) Blowouts, punctures or other road damage to tires. S. GLASS REPAIR —WAIVER OF DEDUCTIBLE Section III — PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 9. COLLISION COVERAGE —WAIVER OF DEDUCTIBLE Under Section III - PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: When there is a loss to your covered "auto" insured for Collision Coverage, no deductible will apply if the loss was caused by a collision with another "auto" insured by us. 10. KNOWLEDGE OF ACCIDENT Under SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, paragraph a. is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "accident", claim, "suit" or "loss'. Knowledge of an "accident", claim, "suit" or "loss" by your "employees" shall not, in itself, constitute knowledge to you unless one of your partners, executive officers, directors, managers, or members (if you are a limited liability company) has knowledge of the "accident", claim, "suit" or "loss". Notice should include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. 11. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Under SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions paragraph 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. However, if the "insured" has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 5 CA 71 18 11 09 Policy Number: CA20675281402 Effective Date: 02/0112024-02/01/2025 12. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. 13. BLANKET COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS When required by written contract or written agreement, the definition of "insured contract' is amended as follows: The exception contained in paragraph H.3. relating to construction or demolition operations on or within 50 feet of a railroad; and — Paragraph H.a. are deleted with respect to the use of a covered "auto" in operations for, or affecting, a railroad. Includes copyrighted material of Insurance Services Office, Inc. CA 71 18 1109 Page 5 of 5 Policy Number: CA20675281402 Effective Date: 02/01/2024-02101/2025 COMMERCIAL AUTO CA 71 65 10 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY COVERAGE This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM The provisions of the Coverage Form apply unless changed by this endorsement. This endorsement identifies person(s) or organization(s) who are "insured" under the Who Is An Insured Provision of the Coverage Form. This endorsement changes the policy on the inception date of the policy, unless another date is shown below. Endorsement Effective: 02/01/ 2024 Countersigned By: Named Insured: L. H. LACY COMPANY, LTD. (Authorized Representative) �No entry may appear above. If so, information to complete this endorsement is in the Declarations.) Section II — Liability Coverage, A. Coverage, 1. Who Is An Insured is amended to add: Any Person or Organization with whom you have an "insured contract" which requires: i. that Person or Organization to be added as an "insured" under this policy; and ii. this policy to be primary and non-contributory to any like insurance available to the Person or Organization. Each such person or organization is an "insured" for Liability Coverage. They are an "insured" only if that person or organization is an "insured" under in SECTION II of the Coverage Form. The contract between the Named Insured and the person or organization is an "insured contract". Includes copyrighted material of the Insurance Services Office, Inc., with its permission. CA 71 65 10 07 Insurance Services Office., 1998. Page 1 of 1 Policy Number: CU21165750302 Effective Date: 02/01/2024-02101/2025 COMMERCIAL LIABILITY UMBRELLA CU 00 01 0413 COMMERCIAL LIABILITY UMBRELLA 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 'bur" refer to the company 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 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" or "property damage" that is subject to an applicable 'retained limit". If any other limit, such as a sublimit, is specified in the "underlying insurance", this insurance does not apply to "bodily injury" or "property damage" arising out of that exposure unless that limit is specified in the Declarations under the Schedule of "underlying insurance"- C. 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 a. We will pay on behalf of the insured the $ Prior to the policy period, no insured listed "ultimate net loss" in excess of the "retained) under Paragraph 1.a. of Section II —Who Is limit" because of "bodily injury" or "property An Insured and no "employee" authorized damage" to which this insurance applies. We by you to give or receive notice of an will have the right and duty to defend the 'occurrence" or claim, knew that the "bodily insured against any "suit' seeking damages for injury" or "property damage" had occurred, such "bodily injury" or "property damage" when in whole or in part. If such a listed insured the "underlying insurance" does not provide or authorized "employee" knew, prior to the coverage or the limits of "underlying insurance' policy period, that the "bodily injury" or have been exhausted. When we have no duty "property damage" occurred, then any to defend, we will have the right to defend, or continuation, change or resumption of such to participate in the defense of, the insured "bodily injury" or "property damage" during against any other "suit' seeking damages to or after the policy period will be deemed to which this insurance may apply. However, we have been known prior to the policy p P y period. will have no duty to defend the insured against any "suit' seeking damages for "bodily injury" d. "Bodily injury" or "property damage" which or "property damage" to which this insurance occurs during the policy period and was not, does not apply. At our discretion, we may prior to the policy period, known to have investigate any 'occurrence" that may involve occurred by any insured listed under this insurance and settle any resultant claim or Paragraph 1.a. of Section II — Who Is An "suit" for which we have the duty to defend. Insured or any "employee" authorized by you to But: give or receive notice of an 'occurrence" or (1) The amount we will pay for the "ultimate net claim, includes any continuation, change or resumption of that "bodily injury" or "property loss" is limited as described in Section III — damage" after the end of the policy period. Limits Of Insurance; and () 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. CU 00 01 04 13 © Insurance Services Office, Inc.,2012 Page 1 of 18 Policy Number: CU21165750302 Effective Date: 02101/2024-02/01/2025 (d) Cooperate with us with respect to (5) A trust, you are an insured. Your trustees coordinating other applicable insurance are also insureds, but only with respect to available to the indemnitee; and their duties as trustees. (2) Provides us with written authorization to: b. Each of the following is also an insured: (a) Obtain records and other information (1) Your "volunteer workers" only while related to the "suit"; and performing duties related to the conduct of (b) Conduct and control the defense of the your business, or your "employees", other indemnitee in such "suit". than either your "executive officers" (if you are an organization other than a So long as the above conditions are met, partnership, joint venture or limited liability attorneys' fees incurred by us in the defense of company) or your managers (if you are a that indemnitee, necessary litigation expenses limited liability company), but only for acts incurred by us and necessary litigation expenses within the scope of their employment by you incurred by the indemnitee at our request will be or while performing duties related to the paid as Supplementary Payments. conduct of your business. However, none of Notwithstanding the provisions of Paragraph these "employees" or "volunteer workers" 2.b.(2) of Section I — Coverage A — Bodily Injury are insureds for: And Property Damage Liability, such payments will "bodily (a) "Bodily injury" or "personal and not be deemed to be damages for injury" "property advertising injury": and damage" and will not reduce the limits of insurance. (i) To you, to your partners or members Our obligation to defend an insured's indemnitee (if you are a partnership or joint and to pay for attorneys' fees and necessary venture), to your members (if you are litigation expenses as Supplementary Payments a limited liability company), to a co - "employee" ends when we have used up the applicable limit of in the course of his or insurance in the payment of judgments or her employment or performing duties settlements or the conditions set forth above, or related to the conduct of your the terms of the agreement described in business or t your other "volunteer Paragraph f. above, are no longer met, workers" while e performing duties related to the conduct of your SECTION II — WHO IS AN INSURED business; I. Except for liability arising out of the ownership, (ii) To the spouse, child, parent, brother maintenance or use of "covered autos": or sister of that co -"employee" or a. If you are designated in the Declarations as: "volunteer worker" as a consequence (1) An individual, you and your spouse are of Paragraph (a)(i) above; or insureds, but only with respect to the (iii) For which there is any obligation to conduct of a business of which you are the share damages with or repay sole owner. someone else who must pay (2) A partnership or joint venture, you are an damages because of the injury insured. Your members, your partners, and described in Paragraph (a)(i) or (ii) their spouses are also insureds, but only above. (b) "Property damage" to property: with respect to the conduct of your business_ (i) Owned, occupied or used by; (3) A limited liability company, you are an (ii) Rented to, in the care, custody or insured. Your members are also insureds, control of, or over which physical but only with respect to the conduct of your control is being exercised for any business. Your managers are insureds, but purpose by; only with respect to their duties as your you, any of your "employees", "volunteer managers. workers", any partner or member (if you (4) An organization other than a partnership, are a partnership or joint venture), or joint venture or limited liability company, any member (if you are a limited liability you are an insured. Your "executive company). officers" and directors are insureds, but only (2) Any person (other than your "employee" or with respect to their duties as your officers "volunteer worker"), or any organization or directors. Your stockholders are also while acting as your real estate manager. insureds, but only with respect to their liability as stockholders. Page 10 of 18 0 Insurance Services Office, Inc.,2012 CU 00 01 0413 Policy Number: CU21 165750302 Effective Date: 02/01/2024-02/01/2025 (3) Any person or organization having proper temporary custody of your property if you die, but only: (a) With respect to liability arising out of the maintenance or use of that property; and (b) Until your legal representative has been appointed. (4) Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. c. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: (1) Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; (2) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. . Only with respect to liability arising out of the ownership, maintenance or use of "covered autos": a. You are an insured. b. Anyone else while using with your permission a "covered auto" you own, hire or borrow is also an insured except: (1) The owner or anyone else from whom you hire or borrow a "covered auto". This exception does not apply if the "covered auto" is a trailer or semitrailer connected to a "covered auto" you own. () Your "employee" if the "covered auto" is owned by that "employee" or a member of his or her household. (3) Someone using a "covered auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a "covered auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a "covered auto" owned by him or her or a member of his or her household. (6) "Employees" with respect to "bodily injury" to: (a) Any fellow "employee" of the insured arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or (b) The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph (a) above. c. Anyone liable for the conduct of an insured described above is also an insured, but only to the extent of that liability. Any additional insured under any policy of "underlying insurance" will automatically be are insured under this insurance. Subject to Section III — Limits Of Insurance, if coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement, less any amounts payable by any "underlying insurance"; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. Additional insured coverage provided by this insurance will not be broader than coverage provided by the "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. CU 00 01 04 13 © Insurance Services Office, Inc.,2012 Page 11 of 18 Policy Number: CU21165750302 Effective Date: 02/01 /2024-02/01 /2025 (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. 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. 4. 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. 5. Other Insurance a. This insurance is excess over, and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. 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. b. When this insurance is excess over other insurance, we will pay only our share of the "ultimate net loss" that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part; and (2) The total of all deductible and self -insured amounts under all that other insurance. 6. 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. 7. Representations Or Fraud By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; c. We have issued this policy in reliance upon your representations; and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 8. 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. 9. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. CU 00 01 04 13 0 Insurance Services Office, Inc.,2012 Page 13 of 18 Policy Number: CU21 165750302 Effective Date: 02/01/2024-02/01/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON-CONTRIBUTORY COVERAGE WHEN REQUIRED BY WRITTEN AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM With respect to any additional insured coverage provided under this policy, or by any endorsement to this policy, SECTION IV — CONDITIONS, paragraph 5. Other Insurance is deleted and replaced by the following: 5.Other Insurance a. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: (1) Primary; (2) Excess; (3) Contingent; or (4) On any other basis. In addition, this insurance is excess over any self -insured retentions, deductibles, or captive retentions payable by the additional insured or payable by any person or organization whose coverage is available to the additional insured. However, if a "written agreement" requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative only to the other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. For any other insurance available to the additional insured where that person or organization is not a Named Insured, this policy will share coverage with that other insurance based on the terms specified in Paragraph b. Method of Sharing below. b. Method of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this method, 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. For the purposes of the coverage provided by this endorsement, a "written agreement" means a written contract or written agreement that: 1, requires you to include a person or organization as an additional insured for a period of time during the policy period; and 2. is executed prior to the occurrence of "bodily injury", "property damage", or "personal and advertising injury" that forms the basis for a claim under this policy, CU 74 67 03 23 Includes copyrighted material of the Insurance Services Offices, Inc with its permission Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be 0.020 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: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 02/01/2024 Policy No. WC20675301401 Endorsement No.0 Insured Premium $ L. H. Lacy Company, Ltd. Insurance Gompany Countersigned by WC420304B (Ed. 6-14) © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. Policy Number: TUE019900513 GREAT AMERICAN INSURANCE CO 410660 Effective Date: 02/01/2024-02/01/2025 TAU 9500 (Ed. 11 97) EXCESS LIABILITY POLICY There are provisions in this policy that restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Words and phrases in quotation marks have special meaning and can be found in the Definitions Section or the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Declarations we agree with you to provide coverage as follows: INSURING AGREEMENTS I. COVERAGE We will pay on behalf of the Insured "loss" in excess of the Underlying Limits of Insurance shown in Item 5. of the Declarations, but only up to an amount not exceeding the Company's Limits of Insurance as shown in Item 4, of the Declarations. Except for the terms, conditions, definitions and exclusions of this policy, the coverage provided by this policy will follow the First Underlying Insurance Policy, as shown in Item 5. of the Declarations. The inclusion or addition hereunder of more than one Insured shall not operate to increase the Company's Limits of Insurance beyond that set forth in Item 4. of the Declarations. We will be furnished a complete copy of the First Underlying Insurance Policy described in Item 5. of the Declarations. 111. LIMITS OF INSURANCE A. The Limits of Insurance shown in the Dec- larations and the rules below describe the most we will pay regardless of the num- ber of: 1. Insureds; 2. claims made or suits brought; or 3, persons or organizations making claims or bringing suits. B. The Limits of Insurance of this policy will apply as follows: TAU 9500 (Ed. 11/97) XS (Page 1 of 5) 1. This policy applies only in excess of the Underlying Limits of Insurance shown in Item 5. of the Declarations. 2. The aggregate limit shown in Item 4. of the Declarations is the most we will pay for all "loss" that is subject to an aggregate limit provided by the First Underlying Insurance Policy. The ag- gregate limit applies separately and in the same manner as the aggregate lim- its provided by the First Underlying In- surance Policy. 3. Subject to B.2., the occurrence limit stated in Item 4. of the Declarations is the most we will pay for all "loss" arising out of any one occurrence to which this policy applies. 4. Subject to Paragraphs 13.2, and B.3. above, if the underlying Limits of In- surance stated in Item 5. of the Dec- larations are reduced or exhausted solely by payment of "loss," such in- surance provided by this policy will apply in excess of the reduced Under- lying Limits or, if all Underlying Limits are exhausted, will apply as underlying insurance subject to the same terms, conditions, definitions and exclusions of the First Underlying Insurance Poli- cy, except for the terms, conditions, definitions and exclusions of this poli- cy. 5. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining pe- Policy Number: TUE019900513 GREAT AMERICAN INSURANCE CO Effective Date: 02/01/2024-02/0112025 riod of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issu- ance for an additional period of less than 12 months. In that case, the addi- tional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. III. DEFENSE A. We will not be required to assume charge of the investigation of any claim or de- fense of any suit against you. B. We will have the right, but not the duty, to be associated with you or your underlying insurer or both in the investigation of any claim or defense of any suit which in our opinion may create liability on us for "loss" under this policy. If we exercise such right, we will do so at our own expense. C. If all Underlying Limits of Insurance stated in Item 5. of the Declarations are ex- hausted solely by payment of "loss," we shall have the right but not the duty to investigate and settle any claim or assume the defense of any suit which in our opin- ion may give rise to a "loss" under this policy. Such investigation or defense shall be at our own expense. We may, how- ever, withdraw from the defense of such suit and tender the continued defense to you if our applicable Limits of Insurance stated in Item 4. of the Declarations are exhausted by payment of 'loss." IV. EXCLUSIONS This policy does not apply to: A. Any "loss," including, but not limited to settlements, judgments, costs, charges, expenses, costs of investigations, or the fees of attorneys, experts, or consultants arising out of or related in any way, either directly or indirectly, to: 1. asbestos, asbestos products, asbes- tos -containing materials or products, asbestos fibers or asbestos dust, in- cluding, but not limited to, manufac- ture, mining, use, sale, installation, re- moval, or distribution activities; 410660 2, exposure to testing for, monitoring of, cleaning up, removing, containing or treating of asbestos, asbestos pro- ducts, asbestos -containing materials or products, asbestos fibers or as- bestos dust; or 3. any obligation to investigate, settle or defend, or indemnify any person against any claim or suit arising out of, or related in any way, either directly or indirectly, to asbestos, asbestos pro- ducts, asbestos -containing materials or products, asbestos fibers or as- bestos dust. B. Any "loss": TAU 9500 (Ed. 11/97) XS (Page 2 of 5) with respect to which any Insured un- der this policy is also an Insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic, Energy Li- ability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an Insured under any such policy but for its ter- mination upon exhaustion of its Limit of Insurance; or 2. resulting from the "hazardous prop- erties" of "nuclear material" and with respect to which: a. a person or organization is re- quired to maintain financial pro- tection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or b. any 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 en- tered into by the United States of America, or any agency thereof, with any person or organization. Any injury or "nuclear property damage" resulting from the "hazardous properties" of "nuclear material", if: 1. the "nuclear material" a. is at any "nuclear facility" owned by, or operated by or on behalf of, any Insured; or Policy Number: TUE019900513 GREAT AMERICAN INSURANCE CO Effective Date: 02/01/2024-02101/2025 410660 b. has been discharged or dispersed or uranium 233 or any combina- therefrom; tion thereof, or more than 250 grams of uranium 235; 2. the "nuclear material" is contained in "spent fuel" or "nuclear waste" at any d. any structure, basin, excavation, time possessed, handled, used, pro- premises or place prepared or cessed, stored, transported or dis- used for the storage or disposal posed of by or on behalf of any In- of "nuclear waste," and includes sured; or the site on which any of the foregoing is located, all oper- 3. the injury or "nuclear property dam- ations conducted on such site and age" arises out of the furnishing by all premises used for such oper- any Insured of services, materials, ations; parts or equipment in connection with 3. "Nuclear material" means "source ma - the planning, construction, mainten- "special nuclear material" or ance, operation or use of any "nuclear byter-," "by-product material." " facility," but if such facility is located within the United States of America, its 4. 'Nuclear property damage includes all territories or possessions or Canada, forms of radioactive contamination of this Exclusion B.3. applies only to "nu- property. clear property damage" to such "nu- clear facility" and any property therein. 5. "Nuclear reactor" means any apparatus designed or used to sustain nuclear As used in this exclusion: fission in a self-supporting chain re- action or to contain a critical mass of 1. "Hazardous properties" include radio- fissionable material. active, toxic or explosive properties. 6. "Nuclear Waste" means any "nuclear 2. "Nuclear facility" means: waste" material: a. any "nuclear reactor"; a. containing "by-product material" other than the tailings of "nuclear b. any equipment or device designed wastes" produced by the extrac- or used for: tion or concentration of uranium or thorium from any ore pro- (1) separating the isotopes of cessed primarily for its "source uranium or plutonium, material" content, and b. resulting from the operation by (2) processing or utilizing "spent any person or organization of any fuel," or "nuclear facility" included within the definition of "nuclear facility" (3) handling, processing or under Paragraph C.2.a. or C.2.b. packaging "nuclear waste"; 7. "Source material," "special nuclear ma- c. any equipment or device used for terial," and "by-product" material have the processing, fabricating or al- the meanings given them in the Atomic toying of "special nuclear material" Energy Act of 1954 or in any law if at any time the total amount of amendatory thereof. such material in the custody of the insured at the premises where 8. "Spent fuel" means any fuel element or such equipment or device is lo- fuel component, solid or liquid, which cated consists of or contains has been used or exposed to radiation more than 25 grams of plutonium in a "nuclear reactor." TAU 9500 (Ed. 11/97) XS (Page 3 of 5) Policy Number: TUE019900513 GREAT AMERICAN INSURANCE CO Effective Date: 02/01 /2024-02/01 /2025 410660 V. DEFINITIONS 3. The policy period will end on the day and hour stated in the cancellation no - "Loss" means those sums which you are le- tice, gally obligated to pay as damages, after mak- ing proper deductions for all recoveries and 4. If we cancel, final premium will be cal - salvage. culated pro rata based on the time this VI. CONDITIONS policy was in force. A. Appeals In the event you or any underlying insurer elects not to appeal a judgment in excess of the amount of the Underlying Insurance, we may elect to appeal at our expense. If we do so elect, we will be liable for the costs and additional interest accruing dur- ing this appeal. In no event will this provi- sion increase our liability beyond the ap- plicable Limits of Insurance described in Section II. of this policy. B. Bankruptcy or Insolvency The bankruptcy, insolvency or inability to pay of any Insured will not relieve us from our obligation to pay "loss" covered by this policy. In the event of bankruptcy, insolvency or refusal or inability to pay, of any under- lying insurer, the insurance afforded by this policy will not replace such underlying insurance, but will apply as if the under- lying insurance was fully available and col- lectible. C. Cancellation 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this policy. If we can- cel because of nonpayment of pre- mium, we must mail or deliver to you not less than ten (10) days advance written notice stating when the can- cellation is to take effect. If we cancel for any other reason, we must mail or deliver to you not less than thirty (30) days advance written notice stating when the cancellation is to take effect. Mailing that notice to you at your mail- ing address shown in Item 1. of the Declarations will be sufficient to prove notice. 5. If you cancel, final premium will be more than pro rata; it will be based on the time this policy was in force and increased by our short rate cancella- tion table and procedure. 6. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancella- tion will be effective even if we have not made or offered any refund due you. Our check or our representative's check, mailed or delivered, will be sufficient tender of any refund due you. 7. The first Named Insured in Item 1. of the Declarations will act on behalf of all other Insureds with respect to the giving and receiving of notice of can- cellation and the receipt of any refund that may become payable under this policy. 8. Any of these provisions that conflict with a law that controls the cancella- tion of the insurance in this policy is changed by this statement to comply with the law. D. Maintenance of Underlying Insurance TAU 9500 (Ed. 11/97) XS (Page 4 of 5) During the period of this policy, you agree: 1. To keep the policies listed in the Schedule of Underlying Insurance in full force and effect; 2. That the Limits of Insurance of the policies listed in the Schedule of Un- derlying Insurance will be maintained except for any reduction or exhaus- tion of aggregate limits by payment of claims or suits for "loss" covered by Underlying Insurance. Policy Number: TUE019900513 GREAT AMERICAN INSURANCE CO Effective Date: 02/01/2024-02/01/2025 410660 If you fail to comply with these require- ments, we will only be liable to the same extent that we would have been had you fully complied with these requirements. E. Notice of Occurrence 1. You must see to it that we are notified as soon as practicable of an occur- rence which may result in a "loss" covered under this policy. To the ex- tent possible, notice will include: a. how, when and where the occur- rence took place; b. the names and addresses of any injured persons and witnesses; c. the nature and location of any in- jury or damage arising out of the occurrence. 2. If a claim or suit against any Insured is reasonably likely to involve this policy you must notify us in writing as soon as practicable. 3. You and any other involved Insured must: a. Immediately send us copies of any demands, notices, summonses or legal papers received in con- nection with the claim or suit; b. authorize us to obtain records and other information; c. cooperate with us in the inves- tigation, settlement or defense of the claim or 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 be- cause of injury or damage to which this insurance may also ap- ply. TAU 9500 (Ed. 11/97) XS (Page 5 of 5) 4. The Insureds will not, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, with- out our consent. F. Other Insurance If other insurance applies to a "loss" that is also covered by this policy, this policy will apply excess of the other insurance. Nothing herein will be construed to make this policy subject to the terms, conditions and limitations of such other insurance. However, this provision will not apply if the other insurance is specifically written to be excess of this policy. Other insurance includes any type of self- insurance or other mechanism by which an Insured arranges for funding of legal liabilities. G. Terms Conformed to Statute The terms of this Policy which are in con- flict with the statutes of the state where this Policy is issued are amended to con- form to such statutes. If we are prevented by law or statute from paying on behalf of the Insured, then we will, where permitted by law or statute, indemnify the Insured. H. When "Loss" is Payable Coverage under this policy will not apply unless and until the Insured or the In- sured's underlying insurance has paid or is obligated to pay the full amount of the Underlying Limits of Insurance stated in Item 5. of the Declarations. When the amount of "loss" has finally been determined, we will promptly pay on be- half of the Insured the amount of "loss" covered under the terms of this policy. GREAT AMERICAN INSURANCE CO Policy Number: TUE019900513 410660 Effective Date: 02/01/2024-02/01/2025 TAU 9999 (Ed. 11(97) GENERAL ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US IT IS AGREED THAT SECTION VI - CONDITIONS IS AMENDED TO INCLUDE THE FOLLOWING: M. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US IF ANY INSURED HAS RIGHTS TO RECOVER ALL OR PART OF ANY PAYMENT WE HAVE MADE UNDER THIS POLICY, THOSE RIGHTS ARE TRANSFERRED TO US. THE INSURED MUST DO NOTHING AFTER LOSS TO IMPAIR THOSE RIGHTS AND MUST HELP US ENFORCE THEM. ANY RECOVERIES WILL BE APPLIED AS FOLLOWS: 1. ANY INTERESTS, INCLUDING THE INSURED, THAT HAVE PAID AN AMOUNT IN EXCESS OF OUR PAYMENT UNDER THIS POLICY WILL BE REIMBURSED FIRST; 2. WE THEN WILL BE REIMBURSED TO THE AMOUNT WE HAVE PAID; AND 3. LASTLY, ANY INTERESTS, INCLUDING THE INSURED, OVER WHICH OUR INSURANCE IS EXCESS, ARE ENTITLED TO CLAIM THE RESIDUE. EXPENSES INCURRED IN THE EXERCISE OF RIGHTS OF RECOVERY WILL BE APPORTIONED BETWEEN THE INTERESTS, INCLUDING THOSE OF THE INSURED, IN THE RATIO OF THEIR RESPECTIVE RECOVERIES AS FINALLY SETTLED. IN CONSIDERATION FOR THE PREMIUM PAID FOR THIS ENDORSEMENT, THIS POLICY WAIVES ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION SHOWN BELOW BECAUSE OF PAYMENTS WE MAKE CAUSED BY ANY LIABILITY TO WHICH THIS POLICY APPLIES PROVIDED THAT THE INSURED WAIVED SUCH RIGHT AS PART OF A WRITTEN CONTRACT PRIOR TO A LOSS, AND THEN ONLY TO THE EXTENT THAT SUCH INSURANCE IS PROVIDED BY A POLICY LISTED IN THE SCHEDULE OF UNDERLYING INSURANCE, AND FOR NO BROADER COVERAGE THAN IS PROVIDED BY SUCH POLICY. THIS WAIVER ONLY APPLIES TO A PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO PROVIDE A WAIVER FOR RIGHTS OF RECOVERY AGAINST SUCH PERSON OR ORGANIZATION, SUBJECT TO THE CONDITIONS SET FORTH IN THIS ENDORSEMENT. THIS ENDORSEMENT DOES NOT CHANGE ANY OTHER PROVISION OF THE POLICY, TAU 9999 (Ed. 11/97) PRO (Page 1 :I I 1 Policy Number: TUE019900513 GREAT AMERICAN INSURANCE CO410660 Effective Date: 02101/2024-02/01/2025 TAU 9999 ( E. 1 1 f. 7 1 GENERAL ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, AMENDMENT OF CONDITIONS -OTHER INSURANCE PARAGRAPH F. OTHER INSURANCE UNDER SECTION VI -CONDITIONS IS HEREBY DELETED AND REPLACED BY THE FOLLOWING: F. IF OTHER INSURANCE APPLIES TO A "LOSS" THAT IS ALSO COVERED BY THIS POLICY, THIS POLICY WILL APPLY EXCESS OF THE OTHER INSURANCE, EXCEPT AS PROVIDED BY A POLICY LISTED IN THE SCHEDULE OF UNDERLYING INSURANCE AND FOR NO BROADER COVERAGE THAN IS PROVIDED BY SUCH POLICY, AND SOLELY WITH RESPECT TO A WRITTEN CONTRACT ENTERED INTO BY THE INSURED PRIOR TO ANY "LOSS" FOR WHICH THE INSURED IS LEGALLY LIABLE, AND WHICH REQUIRES THAT THIS INSURANCE APPLY PRIOR TO ANY OTHER INSURANCE AVAILABLE TO AN ADDITIONAL INSURED IN EXCESS OF THE UNDERLYING COVERAGE BUT ONLY FOR THE PERSON OR ORGANIZATION THAT IS SHOWN IN SCHEDULE A BELOW. NOTHING HEREIN WILL BE CONSTRUED TO MAKE THIS POLICY SUBJECT TO THE TERMS, CONDITIONS AND LIMITATIONS OF SUCH OTHER INSURANCE. IN ADDITION, THIS PROVISION WILL NOT APPLY IF THE OTHER INSURANCE IS SPECIFICALLY WRITTEN BE EXCESS OF THIS POLICY. THERE IS NO COVERAGE AFFORDED UNDER THIS ENDORSEMENT FOR ANY PERSON OR ORGANIZATION THAT IS SHOWN IN SCHEDULE A BELOW FOR "LOSS" ARISING FROM THE SOLE NEGLIGENCE OF ANY PERSON OR ORGANIZATION THAT IS SHOWN IN SCHEDULE A BELOW OR BY THOSE ACTING ON THEIR BEHALF. SCHEDULE A 1. ANY PERSON OR ORGANIZATION FOR WHOM OR FOR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO PROVIDE INSURANCE ON A PRIMARY AND NON-CONTRIBUTORY BASIS, SUBJECT TO THE TERMS AND CONDITIONS OF THIS POLICY. OTHER INSURANCE INCLUDES ANY TYPE OF SELF-INSURANCE OR OTHER MECHANISM BY WHICH AN INSURED ARRANGES FOR FUNDING OF LEGAL LIABILITIES. THIS ENDORSEMENT DOES NOT CHANGE ANY OTHER PROVISION OF THE POLICY. TAU 9999 (Ed. 11/97) PRO (Page 1 of 1 j Policy Number: EX3W71299024 Effective Date: 02/0112024-02/01/2025 EXCESS (FOLLOWING FORM) EXCESS (FOLLOWING FORM) LIABILITY INSURANCE THIS POLICY PROVIDES FOLLOWING FORM COVERAGE AND WILL BE CLAIMS -MADE WHEN FOLLOWING CLAIMS -MADE "CONTROLLING UNDERLYING INSURANCE". PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions in this insurance restrict coverage. Read the entire contract carefully to determine rights, duties and what is and is not covered. Throughout this insurance 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 'bur" refer to the Company 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 — EXCESS (FOLLOWING FORM) LIABILITY COVERAGE 1. INSURING AGREEMENT a. We will pay on behalf of the insured those sums, in excess of the "applicable underlying limit", that the insured becomes legally obli- gated to pay as damages to which this insur- ance applies, provided that the "controlling underlying insurance" would apply to such damages but for the exhaustion of its appli- cable limits of insurance. If a sublimit is speci- fied in any "underlying insurance", this insur- ance does not apply to damages that are in excess of that sublimit unless such sublimit is shown for that "underlying insurance" in the Schedule Of Underlying Insurance or the Schedule Of Controlling Underlying Insurance in the Declarations. b. This insurance is subject to' (1) The same terms, conditions, agreements, exclusions and definitions as the "control- ling underlying insurance", except with respect to any provisions to the contrary contained in this insurance; and (2) Any additional exclusions not contained in the "controlling underlying insurance" that are contained in any other "underlying in- surance"_ c. For the purposes of Paragraph a. above, the applicable limit of insurance stated for the policies of "underlying insurance" in the Schedule Of Underlying Insurance or the Schedule Of Controlling Underlying Insurance in the Declarations can only be reduced or exhausted by the following payments: (1) Payments of judgments or settlements for damages that are covered by such "un- derlying insurance". However, if such "underlying insurance" has a policy period which differs from the policy period of this Excess (Following Form) Liability Insur- ance Policy, none of such payments can be for damages that would not be cov- ered by this Excess (Following Form) Li- ability Insurance Policy because of its dif- ferent policy period; or (2) "Medical expenses" incurred for bodily in- jury caused by an accident that takes place during the policy period of this Ex- cess (Following Form) Liability Insurance Policy. If the applicable limit of insurance stated for the policies of "underlying insurance" in the Schedule Of Underlying Insurance or the Schedule Of Controlling Underlying Insurance in the Declarations are reduced or exhausted by other payments, this insurance is not in- validated. However, in the event of a loss, we will pay only to the extent that we would have paid had such limit not been reduced or ex- hausted by such other payments. 2. DEFENSE OF CLAIMS OR SUITS We will have no duty to defend any claim or "suit" regardless of whether the claim or "suit' is for damages to which this insurance ap- plies. b. We will have the right but not the duty to as- sociate in the investigation, settlement or de- fense of any claims or "suits" for damages to which this insurance is likely to apply. c. We may investigate and settle any claim or "suit' at our discretion. XP 00 01 05 14 © 2013 The Travelers Indemnity Company. All rights reserved. Page 1 of 7 EXCESS (FOLLOWING FORM) Policy Number: EX3W71299024 Effective Date: 02/01/2024-02/01/2025 d. We will pay, with respect to any claim or "suit" for which we associate in the defense of the claim or "suit" or for which we pay our part of a judgment: (1) All expenses we incur. (2) The cost of appeal bonds and bonds to release attachments, but only for bond amounts within the "applicable limit of in- surance". We do not have to furnish these bonds. (3) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the "ap- plicable limit of insurance", we will not pay any prejudgment interest based on that period of time after the offer. These payments will not reduce the "applica- ble limit of insurance". 3. EXCLUSIONS In addition to the exclusions contained in any "underlying insurance", the following exclusions apply to this insurance: a. Asbestos (1) Damages arising out of the actual or al- leged presence or actual, alleged or threatened dispersal of asbestos, asbes- tos fibers or products containing asbes- tos, provided that the damages are caused or contributed to by the hazard- ous properties of asbestos. (2) Damages arising out of the actual or al- leged presence or actual, alleged or threatened dispersal of any solid, liquid, gaseous or thermal irritant or contami- nant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste, and that is part of any claim or "suit" which also alleges any damages described in Paragraph (1) of this exclu- sion. (3) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any in- sured or others test for, monitor, clean up, remove, contain, treat, de- toxify or neutralize, or in any way re- spond to, or assess the effects of, asbestos, asbestos fibers or products containing asbestos; or (b) Claim or "suit" by or on behalf of a governmental authority because of testing for, monitoring, cleaning up, removing, containing, treating, detoxi- fying or neutralizing, or in any way responding to, or assessing the ef- fects of, asbestos, asbestos fibers or products containing asbestos. b. Employment -Related Practices Damages because of injury to: (1) A person arising out of any-. (a) Refusal to employ that person; (b) Termination of that person's employ- ment; or (c) Employment -related practices, policy, act or omission, such as coercion, demotion, evaluation, reassignment, discipline, failure to promote or ad- vance, harassment, humiliation, dis- crimination, libel, slander, violation of the person's right of privacy, mali- cious prosecution or false arrest, de- tention or imprisonment, applied to or directed at that person, regardless of whether such practice, policy, act or omission occurs, is applied or is committed before, during or after the time of that person's employment; or (2) The spouse, child, parent, brother or sis- ter of that person as a consequence of in- jury to that person as described in Para- graph (1) (a), (b) or (c) of this exclusion. This exclusion applies: (1) Whether the insured may be held 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_ C_ ERISA, COBRA and Similar Laws Any obligation of the insured under: (1) The Employees Retirement Income Secu- rity Act Of 1974 (ERISA); (2) The Consolidated Omnibus Budget Rec- onciliation Act of 1985 (COBRA); or (3) Any similar common or statutory law of any jurisdiction; including any amendments to such laws. d. War Damages arising out of: (1) War, including undeclared or civil war; or Page 2 of 7 0 2013 The Travelers Indemnity Company. All rights reserved. XP 00 01 05 14 Policy Number: EX3W71299024 Effective Date: 0210112024-02101/2025 EXCESS (FOLLOWING FORM) (2) Warlike action by a military force, includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign or other au- thority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by gov- ernmental authority in hindering or de- 3. fending against any of these. SECTION II— WHO IS AN INSURED Any person or organization qualifying as an insured under the "controlling underlying insurance" is an in- sured under this policy. If you have agreed to provide insurance for that per- son or organization in a written contract or agreement: 1. The limits of insurance afforded to such person or organization will be: a. The amount by which the minimum limits of insurance you agreed to provide such person or organization in such written contract or agreement exceed the total limits of insur- ance of all applicable "underlying insurance"; or b. The Limits of Insurance of this policy shown in the Declarations; whichever is less: and 2. Coverage under this policy does not apply to such person or organization if the minimum limits of in- surance you agreed to provide such person or or- ganization in such written contract or agreement are wholly within the total limits of insurance of all applicable "underlying insurance". SECTION III— LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits"_ 2. The Aggregate Limit is the most we will pay for all damages covered under this policy, except: If a policy of "underlying insurance" that is imme- diately underlying this policy applies a separate products -completed operations aggregate limit in that same policy, a separate Aggregate Limit will apply to all damages covered under this policy that would have been subject to such products - completed operations aggregate limit in that pol- icy of "underlying insurance". Subject to Paragraph 2. above, the Occurrence Limit is the most we will pay for all damages cov- ered under this policy arising out of any one "event" to which the applicable "controlling under- lying insurance" applies a limit of insurance that is separate from the aggregate limit of insurance under that insurance. 4. The limits of this insurance apply separately to each consecutive annual period and to any re- maining period of less than 12 months. The policy period begins with the effective date shown in the Declarations. 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. SECTION IV —CONDITIONS 1. APPEALS If the insured or the insured's "underlying in- surer" elects not to appeal a judgment which exceeds the "applicable underlying limit", we may do so. b. If we appeal such a judgment, we will pay all costs of the appeal. These sums are in addi- tion to the "applicable limit of insurance". In no event will our liability exceed the "applica- ble limit of insurance". 2. BANKRUPTCY Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this insurance. In the event of bankruptcy or insolvency of any "underlying insurer", this insurance will not re- place such bankrupt or insolvent "underlying in- surer's" policy, and this insurance will apply as if such "underlying insurer" not become bankrupt or insolvent. 3. CANCELLATION a. Damages because of injury or damage in- a. The first Named Insured shown in the Decla- cluded in the "auto hazard"; or rations may cancel this insurance by mailing b. Damages because of injury or damage for or delivering to us advance written notice of which insurance is provided under any Air- cancellation. craft Liability coverage included as "control- ling underlying insurance" to which no aggre- gate limit applies. XP 00 01 05 14 k9) 2013 The Travelers Indemnity Company. All rights reserved. Page 3 Of 7 EXCESS (FOLLOWING FORM) Policy Number: EX3W71299024 Effective Date: 02/01/2024-02/01/2025 b. We may cancel this insurance by mailing or delivering to such first Named Insured written notice of cancellation at least: (1) 10 days before the effective date of can- cellation if we cancel for nonpayment of premium; or (2) 30 days before the effective date of can- cellation if we cancel for any other rea- son. c. We will mail or deliver our notice to such first Named Insured's last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period wilJ end on that date. e. If this insurance is cancelled, we will send such first Named Insured any premium refund due. The refund will be pro rata. The cancel- lation will be effective even if we have not made or offered a refund. f. If notice is mailed, proof of mailing will be suf- ficient proof of notice. 4. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. No change can be made in terms of this insurance except with our consent. The terms of this insur- ance can be amended or waived only by en- dorsement issued by us and made a part of this insurance. S. DUTIES REGARDING AN EVENT, CLAIM OR SUIT a. You must see to it that we are notified promptly of an "event" which may result in a claim under this insurance. Notice should in- clude: (1) How, when and where the "event" took place; and (2) The names and addresses of any per- sons or organizations sustaining injury, damage or loss, and the names and ad- dresses of any witnesses, Jb. If a claim is made or "suit" is brought against any insured which may result in a claim against this insurance, you must see to it that we receive prompt written notice of the claim or "suit". C. The insured must: (1) Cooperate with the "underlying insurers" (2) Comply with the terms of the "controlling underlying insurance"; and (3) Pursue all rights of contribution or indem- nity against any person or organization who may be liable to the insured because of the injury, damage or loss for which in- surance is provided under this policy or any policy of "underlying insurance`. d. If we associate in the investigation, settlement or defense of any claim or "suit", the insured must cooperate with us. G. EXAMINATION OF YOUR BOOKS AND RE- CORDS We may examine and audit your books and re- cords as they relate to this insurance: a. At any time during the policy period; b. Up to three years after the end of the policy period; and c. Within one year after final settlement of all claims under this insurance. 7. INSPECTIONS AND SURVEYS We have the right but are not obligated to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. Any inspections, surveys, reports or recommen- dations relate only to insurability and the premi- ums to be charged. We do not make safety in- spections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or stan- dards. 8. LEGAL ACTION AGAINST US No person or organization has a right under this insurance: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an in- sured: or b. To sue us on this insurance 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. We will not be liable for dam- ages that: Page 4 of 7 © 2013 The Travelers Indemnity Company. All rights reserved. XP 00 01 05 14 Policy Number: EX3W71299024 Effective Date: 02/01/2024-02101/2025 EXCESS (FOLLOWING FORM) a. Are not payable under the terms of this insur- ance; or b. Are in excess of the "applicable limit of insur- ance". An agreed settlement means a settlement and re- lease of liability signed by us, by the insured and by the claimant or the claimant's legal representa- tive. 9. MAINTENANCE OF UNDERLYING INSURANCE The insurance afforded by each policy of "under- lying insurance" will be maintained for the full pol- icy period of this Excess (Following Form) Liability Insurance Policy. This provision does not apply to the reduction or exhaustion of the aggregate limit or limits of such "underlying insurance" solely by payments as permitted in paragraph 1.c. of Sec- tion I — Excess Liability Coverage. As such poli- cies expire, you will renew them at limits and with coverage at least equal to the expiring limits of in- surance. If you fail to comply with the above re- quirements, this insurance is not invalidated. However, in the event of a loss, we will pay only to the extent that we would have paid had you complied with the above requirements. The first Named Insured shown in the Declara- tions must give us a written notice of any change in the "underlying insurance" as respects. a. Coverage; b. Limits of insurance; c. Termination of any coverage; or d. Exhaustion of aggregate limits. If you are unable to recover from any "underlying insurer" because you fail to comply with any term or condition of your "underlying insurance", this insurance is not invalidated. However, we will pay for any loss only to the extent that we would have paid had you complied with that term or condition in that "underlying insurance". 10. OTHER INSURANCE (2) Us or any of our affiliated insurance com- panies; (3) Any risk retention group; (4) Any self-insurance method or program, including any failure to buy insurance, or decision to not buy insurance, for any reason, in which case the insured will be deemed to be the provider of other insur- ance; or (5) Any similar risk transfer or risk manage- ment method. b. Does not include any "underlying insurance". 11. OUR RIGHT TO RECOVER FROM OTHERS If we make a payment under this insurance, the insured will assist us and the "underlying insurer" in recovering what we paid by using the insured's rights of recovery. Reimbursement will be made in the following order: a. First, to any person or organization (including us or the insured) who has paid any amount in excess of the applicable limit of insurance"; b. Next, to us; and c. Then, to any person or organization (including the insured and the "underlying insurer") that is entitled to claim the remainder, if any. Expenses incurred in the process of recovery will be divided among all persons or organizations re- ceiving amounts recovered according to the ratio of their respective recoveries. 12. PREMIUM a. The first Named Insured shown in the Decla- rations is responsible for the payment of all premiums and will be the payee for any return premiums. b. If the premium is a flat charge, it is not subject to adjustment except as provided in Para- graph d. below. This insurance is excess over any valid and col- c. If the premium is other than a flat charge, it is lectible other insurance whether such other insur- an advance premium only. The earned pre- ance is stated to be primary, contributing, excess, mium will be computed at the end of the pol- contingent or otherwise. This provision does not icy period, or at the end of each year of the apply to a policy bought specifically to apply as policy period if the policy period is two years excess of this insurance or as quota share with or longer, at the rate shown in the Declara- this insurance. tions, subject to the Minimum Premium. As used anywhere in this policy, other insurance: d. Additional premium may become payable a. Means insurance, or the funding of losses, when coverage is provided for additional in - that is provided by, through or on behalf of: sureds under the provisions of Section II — Who Is An Insured. (1) Another insurance company; XP 00 01 05 14 0 2013 The Travelers Indemnity Company. All rights reserved. Page 5 of 7 EXCESS (FOLLOWING FORM) Policy Number: EX3W71299024 Effective Date: 02101/2024-02/01/2025 13. PREMIUM AUDIT If this policy is auditable: a. The first Named Insured shown in the Decla- rations must keep records of the information we need for premium computation, and send us copies at such times as we may request. b. At the close of each audit period, we will compute the earned premium for that period. c. Audit premiums are due and payable on no- tice to such first Named Insured. d. 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 such first Named Insured, subject to the Minimum Premium. 14. REPRESENTATIONS By accepting this insurance, you agree: a. The statements in the Declarations and any subsequent notice relating to "underlying in- surance" are accurate and complete; b. Those statements are based upon represen- tations you made to us; and c. We have issued this insurance in reliance upon your representations. 15. SEPARATION OF INSUREDS Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured 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. 16. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS INSURANCE Your rights and duties under this insurance may not be transferred without our written consent ex- cept in the case of death of an individual Named Insured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary cus- tody of your property will have your rights and du- ties but only with respect to that property. 17. WHEN LOSS IS PAYABLE If we are liable under this insurance, we will pay for injury, damage or loss after: a. The insured's liability is established by: (1) A court decision; or (2) A written agreement between the claim- ant, the insured, any "underlying insurer" and us; and b. The amount of the "applicable underlying limit" is paid by or on behalf of the insured , 18. WHEN WE ARE PROHIBITED FROM PAYING DAM AGES ON BEHALF OF AN INSURED If the laws or regulations of a country or jurisdic- tion prohibit us from paying, on behalf of an in- sured, amounts that the insured is legally obli- gated to pay as damages to which this insurance applies, the insured may pay such damages with our consent. If the insured gives us proof of such payments, we will repay the insured for such damages. But we will only repay the insured for such damages until we have used up the "applicable limit of in- surance" in the payment of judgments or settle- ments. 19. WHEN WE ARE PROHIBITED FROM PAYING OTHER EXPENSES ON BEHALF OF AN IN- SURED If the laws or regulations of a country or jurisdic- tion prohibit us from paying expenses described in Paragraph 2.d. of Section I — Excess Liability Coverage on behalf of an insured, we will repay the insured for such expenses that the insured in- curs with our consent. 20. CURRENCY Payments for damages or expenses described in Paragraph 2.d. of Section I — Excess Liability Coverage will be in the currency of the United States of America. At our sole option, we may make these payments in a different currency. Any necessary currency conversion for such pay- ments will be calculated based on the rate of ex- change published in the Wall Street Journal im- mediately proceeding the date the payment is processed. SECTION V — DEFINITIONS 1. "Applicable limit of insurance" means the maxi- mum amount we will pay as damages in accor- dance with Section III — Limits Of Insurance. 2, "Applicable underlying limit" means the sum of: a. The applicable limit of insurance stated for the policies of "underlying insurance" in the Schedule Of Underlying Insurance or the Schedule Of Controlling Underlying Insurance in the Declarations less the amount by which Page 6 of 7 © 2013 The Travelers Indemnity Company. All rights reserved. XP 00 01 05 14 Policy Number: EX3W71299024 Effective Date: 02/01/2024-02/01/2025 EXCESS (FOLLOWING FORM) that limit has been reduced solely by pay- ments as permitted in paragraph 1.c. of Sec- tion I — Excess Liability Coverage; and b. The applicable limit of insurance of any other insurance that applies. The limits of insurance in any policy of "underlying insurance" will apply even if: a. The "underlying insurer" claims the insured failed to comply with any condition of the pol- icy; or b. The "underlying insurer" becomes bankrupt or insolvent. 3. "Auto hazard" means all bodily injury and property damage for which liability insurance is afforded under the terms, other than limits of insurance, of the auto policy of "controlling underlying insur- ance", 4. "Controlling underlying insurance": a. Means the policy or policies of insurance listed in the Schedule Of Controlling Underly- ing Insurance in the Declarations_ b. Includes any renewal or replacement of such policies if such renewal or replacement is dur- ing the policy period of this Excess (Following Form) Liability Insurance Policy, c. Does not include any part of the policy period of any of the policies de scribed in Paragraphs a. or b. above that began before, or that con- tinues after, the policy period of this Excess (Following Form) Liability Insurance Policy. S. "Event" means an occurrence, offense, accident. act, error or omission or other unit. S. "Medical expenses" means expenses to which any Medical Payments section of any policy of Commercial General Liability "underlying insur- ance" applies. 7. "Suit" means a civil proceeding. "Suit" includes. a. An arbitration proceeding which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding to which the insured submits with our consent 8. "Underlying insurance": a. Means the policy or policies of insurance listed in the Schedule Of Underlying Insur- ance or the Schedule Of Controlling Underly- ing Insurance in the Declarations. b. Includes any renewal or replacement of such policies if such renewal or replacement is dur- ing the policy period of this Excess (Following Form) Liability Insurance Policy. C. Does not include any part of the policy period of any of the policies de scribed in Paragraphs a. or b. above that began before, or that con- tinues after, the policy period of this Excess (Following Form) Liability Insurance Policy. 9. "Underlying insurer" means any insurer which provides a policy of insurance listed in the Schedule Of Underlying Insurance or the Sched- ule Of Controlling Underlying Insurance in the Declarations. XP 00 01 05 14 © 2013 The Travelers Indemnity Company. All tights reserved. Page 7 of 7 EXCESS (FOLLOWING FORM) POLICY NUMBER: EX3W71299024 EFFECTIVE DATE: 02/01/2024-02/01/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF RIGHTS OF RECOVERY FROM OTHERS This endorsement modifies insurance provided under the following: EXCESS (FOLLOWING FORM) LIABILITY INSURANCE SCHEDULE OF DESIGNATED PERSONS OR ORGANIZATIONS Name of Person or Organization: ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT OR AGREEMENT TO WAIVE YOUR RIGHT OF RECOVERY. PROVISIONS The following is added to Paragraph 11., OUR RIGHT TO RECOVERY FROM OTHERS, in SECTION IV — CONDITIONS: If the insured has rights to recover all or part of any payment we have made under this insurance, those rights are transferred to us unless the insured has waived its rights of recovery against a person or organization shown in the Schedule Of Designated Persons Or Organizations above in a contract or agreement that is executed before loss. In that case, we will waive any right of recovery we would otherwise have against such person or organization. XP 00 91 10 16 9 2016 The Travelers Indemnity Company. All rights reserved. Page 1 Of 1 EXCESS (FOLLOWING FORM) POLICY NUMBER: EX3W71299024 Effective Date: 02/01/2024-02/01/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - OTHER INSURANCE - DESIGNATED PERSONS OR ORGANIZATIONS FOR WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT TO PROVIDE INSURANCE This endorsement modifies insurance provided under the following: EXCESS (FOLLOWING I`ORM) LIABILITY INSURANCE SCHEDULE OF DESIGNATED PERSONS OR ORGANIZATIONS Person or Organization: ANY PERSON OR ORGANIZATION THAT YOU AGREE IN A WRITTEN CONTRACT TO INCLUDE AS AN ADDITIONAL INSURED ON THIS POLICY PROVIDED THAT SUCH WRITTEN CONTRACT: 1. WAS SIGNED AND EXECUTED BY YOU BEFORE, AND IS IN EFFECT WHEN, THE DAMAGES OCCUR; AND 2. SPECIFICALLY REQUIRES THAT THE INSURANCE PROVIDED BY THIS POLICY FOR THAT PERSON OR ORGANIZATION APPLY ON A PRIMARY BASIS OR A PRIMARY AND NON—CONTRIBUTORY BASIS. Project or Location: ANY PROJECT TO WHICH SUCH WRITTEN CONTRACT DESCRIBED IN THE NAME OF PERSON(S) OR ORGANIZATION(S) SECTION OF THIS SCHEDULE APPLIES. PROVISIONS The following is added to paragraph 10., OTHER IN. SURANCE., of SECTION IV — CONDITIONS.: However, for any person or organization shown in the Schedule Of Designated Persons Or Organizations that qualifies as an insured under SECTION II — WHO IS AN INSURED for the project or location shown in that schedule, if the written contract in which you have agreed to provide insurance for that person or organi- zation specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, his insurance will apply as if other insurance available to that person or organization under which that person or organization qualifies as a named in- sured does not exist, and we will not share with that other insurance. But this insurance still is excess over any valid and collectible other insurance, whether such insurance is stated to be primary, contributing, excess, contingent or otherwise, which covers that person or organization as an additional insured or as any other insured that does not qualify as a named insured. XP 01 65 02 14 © 2014 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Policy Number: CPP20675291501 Effective Date: 02/0112024-02101/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE -THIRD PARTY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM Subject to the cancellation provisions of the Coverage Form to which this endorsement is attached, we will not: 1. Cancel; 2. Nonrenew; or, 3. Materially change (reduce or restrict) this Coverage Form, except for nonpayment of premium, until we provide at least 60 days written notice of such cancellation, nonrenewal or material change. Written notice will be to the person or organization named in the Schedule. Such notice will be by certified mail with return receipt requested. This notification of cancellation, nonrenewal or material change to the person or organization named in the Schedule is intended as a courtesy only. Our failure to provide such notification will not: 1. Extend any Coverage Form cancellation date; 2. Negate the cancellation as to any insured or any certificate holder; 3. Provide any additional insurance that would not have been provided in the absence of this endorsement; or 4. Impose liability of any kind upon us. This endorsement does not entitle the person or organization named in the Schedule to any benefits, rights or protection under this Coverage Form. SCHEDULE Name Of Person Or Organization Mailing Address Any person or organization holding a certificate of insurance issued The address shown for that person or organization in for you, provided the certificate: that certificate of insurance 1. Refers to this policy; 2. States that notice of. a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in effect at the time of the: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; and 4. Is on file at your agent or broker's office for this policy IL70660714 Policy Number: CA20675281402 Effective Date: 02/01/2024-02/01/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE -THIRD PARTY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM Subject to the cancellation provisions of the Coverage Form to which this endorsement is attached, we will not: 1. Cancel; 2. Nonrenew; or, 3. Materially change (reduce or restrict) this Coverage Form, except for nonpayment of premium, until we provide at least 60 days written notice of such cancellation, nonrenewal or material change. Written notice will be to the person or organization named in the Schedule. Such notice will be by certified mail with return receipt requested. This notification of cancellation, nonrenewal or material change to the person or organization named in the Schedule is intended as a courtesy only. Our failure to provide such notification will not: 1. Extend any Coverage Form cancellation date; 2. Negate the cancellation as to any insured or any certificate holder; 3. Provide any additional insurance that would not have been provided in the absence of this endorsement; or 4. Impose liability of any kind upon us. This endorsement does not entitle the person or organization named in the Schedule to any benefits, rights or protection under this Coverage Form. SCHEDULE Name Of Person Or Organization Mailing Address Any person or organization holding a certificate of insurance issued The address shown for that person or organization in for you, provided the certificate: that certificate of insurance 1. Refers to this policy; 2. States that notice of: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in effect at the time of the: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; and 4. Is on file at your agent or broker's office for this policy IL 70 66 07 14 Policy Number: CU21165750302 Effective Date: 02/01/2024-02/01/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE -THIRD PARTY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM Subject to the cancellation provisions of the Coverage Form to which this endorsement is attached, we will not: 1. Cancel; 2. Nonrenew; or, 3. Materially change (reduce or restrict) this Coverage Form, except for nonpayment of premium, until we provide at least 90 days written notice of such cancellation, nonrenewal or material change. Written notice will be to the person or organization named in the Schedule. Such notice will be by certified mail with return receipt requested. This notification of cancellation, nonrenewal or material change to the person or organization named in the Schedule is intended as a courtesy only. Our failure to provide such notification will not: 1. Extend any Coverage Form cancellation date; 2. Negate the cancellation as to any insured or any certificate holder; 3. Provide any additional insurance that would not have been provided in the absence of this endorsement; or 4. Impose liability of any kind upon us. This endorsement does not entitle the person or organization named in the Schedule to any benefits, rights or protection under this Coverage Form. SCHEDULE Name Of Person Or Organization Mailing Address Any person or organization holding a certificate of insurance issued The address shown for that person or organization in for you, provided the certificate: that certificate of insurance 1. Refers to this policy; 2. States that notice of: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in effect at the time of the: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; and 4. Is on file at your agent or broker's office for this policy IL70660714 Policy Number: WC20675301401 Effective Date: 02/01/2024-0210112025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US Number of Days Notice 60 For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation is increased to the number of days shown in the Schedule above. If this policy is cancelled by us we will send the Named Insured and any party listed in the following schedule notice of cancellation based on the number of days notice shown above. SCHEDULE Name of Person or Organization The Name of Person or Organization is any person or organization holding a certificate of insurance issued for you, provided the certificate: 1. Refers to this policy; 2. States that notice of: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in effect at the time of the: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; and 4. Is on file at your agent or broker's office for this policy. Mailing Address The Mailing Address is the address shown for that person or organization in that certificate of insurance. IL 70 45 05 07 Policy Number: TEU019900513 GREAT AMERICAN INSURANCE CO Effective Date: 02/01 /2024-02/01 /2025 410660 GENERAL ENDORSEMENT TAU 9999 (Ed. 11/97) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, CANCELLATION - ADDITIONAL PROVISIONS (BLANKET EXCEPTION FOR ADDITIONAL INSUREDS) ND'I'WrTHSTANDING THE CANCELLATION PROVISIONS OF THIS POLICY, WE HERESY AGREE TO ENDEAVOR TO PROVIDE 30 DAY$ WRITTEN NOTICE OF CANCELLATION TO IRE PERSON OR ORGANIZATION, WHO IS AN ADDITIONAL INSURED UNDER THIS POLICY AND SPECIFICALLY NAMED IN SCHEDULE A BELOW FOR ANY CANCELLATION, EXCEPT CANCELLATION FOR NON-PAYMENT OF PREMIUM, IF WE CANCEL FOR NON - OF PkEMIUM, WE WILL GIVE NO LESS THAN (10) DAYS ADVANCED WRITTEN NOTICE TO THE NAMED INSURED. IT IS FURTHER AGREED AND UNDERSTOOD THAT THIS NOTIFICATION IS MERELY PROVIDED AS A COURTESY SERVICE TO THE FIRST NAMED INSURED SHOWN IN ITEM 1. OF THE DECLARATIONS PAGE AND DOES NOT INFLUENCE OR AMEND THE RIGHTS, DUTIES, OR 08LIGATIONS OF THE COMPANY OR THE NAMED INSURED UNDER THr$ POLICY IN ANY WAY. FAILURE TO PROVIDE SUCH NOTIFICATION AS INDICATED ABOVE WILL NOT BE INTERPRETEO TO EXTEND THE POLICY CANCELLATION DATE OR NEGATE THE CANCELLATION OF THIS POLICY, SCHEDULE A NAME OF PERSON OR ORGANIZATION MAILING ADDRESS ANY PERSON OR ORGANIZATION, WHO QUALII=IES AS AN ADDITIONAL INSURED UNDER THIS POLICY AND HAS REQUIRED VIA WRITTEN CONTRACT FOR THE NAMED INSURED TO PROVIDE NOTICE OF CANCELLATION FOR REASONS OTHER THAN NON-PAYMENT OF PREMIUM, BUT ONLY IF AN ACCURATE LIST OF SUCH PERSONS OR ORGANIZATIONS WITH CORRECT MAILING ADDRESSES AND CONTACT NAMES HAVE BEEN PROVIDED TO US UPON THE LATTER DATE OF EITHER: (1) WITHIN 10 DAYS OF THE INCEPTION DATE OF THIS POLICY; OR {2) WITHIN 10 DAYS OF ISSUING THIS ENDORSEMENT. THIS ENDORSEMENT DOES NOT CHANGE ANY OTHER PROVISION OF THE POLICY, TAU 9999 (Ed. 11/97) (Page 1 a, 1 POLICY NUMBER: EX3W71299024 Effective Date: 02/01/2024-02/01/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: SO PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZ- ATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. IL T4 05 05 19 © 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 SECTION B PAVING CONTRACT FORMS +i+l I Lid'. pn IpLMtyti. P.F 101 Ali nQ4243 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Btdlizkbml Description Specification Section No _ I Measure I13LI Measure Quatthly LIQ� AYw� I rara�urdrly_ AVIG7q IhIPR(Sy�j�_ 1 3217,bf01 A. Cy PMOL 12 L.i 13 - -- SY J 13,082 I $48.85� $639.055 70 L-1_ 3211.0502 6" Lrme Stabilized Subinde(36#/SY;' 0000 BeSY i:: _ I 13.9ZS I nNI $51.522.50I I d 121 I.R404 6" llfdmldd 32 I t;R _ 'MI-[ Still _ $71.535.00 'i a .1215n]Dl 41cm0shkomik 321i]a _ —TON-1 r SF I su. I i 3213.0506 Barrier Free Remo, Tvoe P-1 12 13 20 EA H F--d40A0; 't aAl 40 i FG IM5 E3LOG M—ktfe AQlr�lmuiu 1.2M 14 EA .fF 33{t0A0'�I_ i4-=Oe I 7 9944❑007 Fnwra• lNkrhrtus%3iunkw Q401F114 LS'''— -i $3S000q 9i.}pp€G I 7 9999.0008 Connect to Existing & Removal of Barriers uq A094 li '_ $1,500.00, LS $3 OOD 09 _ 9999.0009 End of Road Barricade and Header 08 N 911 _ _', EA ' $2.000.00 _ s�.000 00 FOT14Luy64ZUj1AVING $811,23&20', r _ Bid Summary UNIT 1' WATER IMPROVEMENTIE UNft II: SANITARY SEWER IMPROVL5fv1ENIS UNIT III: DRAINAGE IMPROVEMEN S TOTAL UNIT IV: PAVING IMPROVEW&TS R69 � Z43 20 UNIT V: STREET LIGHTING IMPROVEMENTS 1 T•erlian PiW $811.233.20 Contractor agrees to complete WORK for FLN'AL ACCEPTANCE within -'3w working days after tie date when the CONTRACT commences to run asprovided in the General Conditions, EN1P CW &U-nDN 11y: {slgnottlrc� , .., "IT* IL1tT WEEd Li h7Flt MRrl Lv7KMNL rK*-1Md1 lulmaN LL4tiWn R- czM;ir71'R.4whk1;15Fnplid,L'i8 Lan. wn.r. dg-W-rr L,7t•i 111Q n IILI tl M� Ih51' - htL.ul. k*45 Y_` DAP PRFQUAU FWA HO', STATEN4ENT Page I of J SECTION 00 =45 12 DAP — PREQUALIFICATION STATEMI N f Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work fie" box provide the complete maior work tvDe and actual description as orovided_bv the Water Department for water and sewer and TPW for ravine, Major Work "Type Contractor/Subcontractor Company Name Prequalification Ex iration Date Concrete Paving Gilco Contracting, Inc �;� � at � 1 at Construction/Recce nstruetion The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: BY: Kf• . �- TY1 � YW) fW)t 1.2 'r (Signature) TITLE: 0 DATE: END OF SECTION Cif V OF f lRT WORiN STANDARD CON51RUCTION PREQUALIFICATION STATEMENT - DEVELOPER AWARDED PROJECTS 0045 12Prequali(ication Statement 2015_OAP.docx Form Version September 1, 2015 2 3 4 5 fi 7 ti 9 1 +� 11 1? l� 14 11 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 18 39 40 41 42 43 44 45 00 -IS 26 - t CONTRACTOR COMPLIANCE \b'1TII WORKL.R'S COb(PF.NSATION I A\\ Page I of I LSECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 105416. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: ��Contractins. Inc Company fs331 Southwest Boulevard Address I3enbrook. TX 76132 City/State/Zip THE STATE OF TEXAS § COUNTY OFTARRANT By: (Please Print) Signature: Title -AL )i"'_'i (lbulr:) (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared IWA MO RAn , known to me to be the person whose name is subscribed to the PT� oink i�;trunt�nt, and acknowledged to me that he/she executed the same as the act and deed o°', 4.�.1 i�1i,fJY1L� 1 f'„ for the purposes and consideration therein expressed and in the capacity therein stated. NEN UNDER MY HAND AND SEAL OF OFFICE this J1` t day of T -h-`I ){ V 20 ;1� l Notary Public in and for the State of Texas END OF SECTION CrIY OF FORT W'ORT1I STANDARD CONSTRUC HON SKCTFICATION DOCUNIFNI"S Revised April 2. 2014 EMMA TURNER Notary Public, Stets of Tsxas My Commission Expires ."' August 12, 2025 ' f ;°• �� ` NOTARY ID 13329419 S.I \"UEROS PHASE 71) PROJT(V*,Vo 105416 7 SECTION 00 52 43 AGREEMENT 005243-I Duveloper A�%arded Pro ect Agreement Page I of 4 4 THIS AGREEMENT, authorized on is made by and between the 5 Developer, (M/I Homes of DFW, LLC), authorized to do business in Texas ("Developer"). and 6 GILCO CONTRACTING. INC authorized to do business in Texas, acting by and through 7 its duly authorized representative, ("Contractor"). L t; Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: lit Article 1. WORK I I Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. I I Article 2. PROJECT 14 The project for which the Work Linder the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 PoOnu J)HDI-oveinents to Sunclerus Phuse 2 17 Citt Proiect No. 105416 I r1, Article 3. CONTRACT TIME 1 l) 3.1 Time is of the essence. 30 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 3i working days after the date 24 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 25 City Conditions of the Construction Contract for Developer Awarded Projects, 26 3.3 Liquidated damages 7 Contractor recognizes that time is of the essence of this Agreement and that Developer 28 will suffer financial loss if the Work is not completed within the times specified in 39 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 30 the Standard City Conditions of the Constriction Contract for Developer Awarded 31 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 32 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 13 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees 34 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 35 Developer Tiro 1` unclrced Fort- Dollars (S 240.00) for each day that expires after the time 36 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 37 Acceptance. CFTY OF FORT WORI II S.1 A7V;ROS PILISfi 2 STANDARD CONSTRtIC'l ION SPECIFICATIOti DOCU!\dFN I S DEVELOPER A�N'ARhED PROJECTS (7T)TR0,1F(-7-\o 1115416 Revised June 16.2016 00 52 4.-2 Dccrloper Awarded Proicct Agreement Paee 2 of -I M Article 4. CONTRACT PRICE 31) Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 40 Documents an amount in current funds of Eight Hundred Eleven Thousand. Two Hundred Thirty- 41 Three Dollars & Twenty Cents ($811.233.20). 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CONTENTS: 44 45 46 47 U 49 50 51 5? 53 54 Si 56 57 58 Sal 60 fi 1 62 63 64 65 66 (17 68 69 70 71 72 73 -14 75% A. The Contract Documents which comprise the entire agreement between Developer and Contractor concerning the Work consist of the following: 1. This Agreement, 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) l) Proposal Form (DAP Version) 2) Prequalification Statement 3) State and Federal documents (project specific) b. Insurance ACORD Form(s) c. Payment Bond (DAP Version) d. Performance Bond (DAP Version) e. Maintenance Bond (DAP Version) F. Power of Attorney for die Bonds g. Worker's Compensation Affidavit h. MBE and/or SBE Commitment Form (1f required) 3 Standard City General Conditions of the Constriction Contract for Developer Awarded Projects, 4 Supplementary Conditions. 5 Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings, 7- Addenda. 8- Documentation submitted by Contractor prior to Notice of Award. 9- The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CIFY OF FORT WORT11 SLADARO)S I'll.ISP ' STrANDARDCONSTRIICZiuhSPGC[FICGII]ONDUCtJivIF—IS DL•V'rEOPERr\\V':ARDEDPROJI_C`Cti (7*1TPR0.1T('T v/0-14/6 Revised .Tune 16.2016 00 52 43 - I Developer A«arded Proiect :Agreement Pace 3 o1`4 76 Article 6. UNDENBIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of, the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. Thiy in(lemnifiention t)roYWien is-%neciftcidiv intended to operate 82 and be effective even if it ' alle ed or aroven that -ill ur some of the darnall. being 83 sought were Cansed._ In whole or in aarl. by jtjty aet_amissien or negjli ence of the City. 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs, expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6,2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city, its officers, servants and employees, from and against any and all loss, damage 90 or destruction of property of the city, arising out of, or alleged to arise out of, the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 provision is srserirically intended to overate and be effective even -if it is alleged or 94 arover that all or some -of the damages being- -,m wht were caused. ire whole or io Iunrt. 95 by anv act, omission or neLfiSence of the city, 96 97 Article 7. IYUSCELLAVEOUS 98 7.1 Terms. 99 Terms used in this Agreement are defined in Article l of the Standard City Conditions of 100 the Construction Contract for Developer Awarded Projects. l01 7.2 Assignment of Contract. 1 (12 This Agreement, including all of the Contract Documents may not be assigned by the C W Contractor without the advanced express written consent of the Developer. 104 7.3 Successors and Assigns. I05 Developer and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 1ltJ unenforceable by a court of competent ,jurisdiction shall be deemed stricken, and all ] 1 remaining provisions shall continue to be valid and binding upon DEVELOPER and 112 CONTRACTOR. Ill 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas, Fort Worth Division. CITYOFFOR TwORTII &1 DhRoSPIGIsE? STANDARD Co\STRUCI ION SPECIFICATION DOCUNIFNI-S - DEVLLOPFR AWARI>LD PROJECTS (M-PRO./Fi'7 No 105416 Revised .tune 16. 2016 119 120 121 i72 12', 124 125 126 127 00 52 43 - 4 Developer A%urded Project Agr"rocnt Page 4 o1`4 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date"). Contractor: Developer: Gilco '01711-1-10il7g, Inc. NUT HOMES OF DFNV, LLC (Signature) (Signature) I1A a N't t 41�� x (Printed Name) TitlN V M v hl 1.>m - — Company Nniuk-- O Czx1 0f f-1vr, , Address: 6331 Southwest Boulevard City/State/Zip: Benbrook, TX 76132 Date VevM DOn- (Printed Name) Title: V? - Company name: NW HOMES OF DFW, LLC Address: 700 SH 121 Bvpass, Suite 100 City/State/Zip. Lewisville) exas175067 i1111-1 Date CCI-y OF PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUivIEXfS DEVELOPER AWARDED PROTECTS Revised June 16.2010 S:1.4) ROS PHASE CTTYPRUJE•-C T Go. 105411 � Bond #022240004 00b213•I PERPORNt,A1\1C1: nOPID Page I of 2 I SECTION 00 62 13 2 PERFORMANCE BOND 7 4 THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT 7 That we, Gileo Contraetinp, Inc. known as "Principal" herein and Liberty Mutual Fire Insurance Company � � , a corporate surety(sureties, if more than �) one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 147 or more), are held and firmly bound unto the Developer, N4/1 HOMES OF DFW. LLC, authorized I 1 to do business in Texas ("Developer') and the City of Fort Worth, a Texas municipal corporation 12 ("City"), in the penal sum of, EIGI IT I IUNDRED CLOVEN THOUSAND. TWO HUNDRED I I AND THIRTY-THREE DOLLARS & TWENTY CENTS ($81 1.233.20), lawful money of the Id United States, to be paid in Fort Worth, "Tarrant County. Texas for the payment of which sum IS well and truly to be made jointly unto the Developer and the City as dual obligees, we bind 1(3 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severallN 17 firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreenicnt for the construction of 14 community facilities in the City of Fort Worth by and through a Community Facilities 20 Agreement, CFA Number CFA24-0139, and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the day of �, 20_, which Contract is hereby referred to and made a 23 part hereof for all purposes as if fully set forth herein. to furnish all materials, equipment labor 24 and other accessories defined by law, in the prosecution of the Work, including any Change 2_5 Orders, as provided for in said Contract designated as Pavirn, Improvements to_Ser,, Sanderos 26 Phase 22 27 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 28 shall faithfully perform it obligations under the Contract and shall in all respects duly and 2{) faithfully perform the Work, including Change Orders, under the Contract, according to the plans. 30 specifications, and contract documents therein referred to, and as well during any, period of 31 extension of the Contract that may be granted on the part of the Developer and/or City, then this 32 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT t�'c�I fl I s'rANDARD CITY CONDI I IONS — DEVEI OI'GR AWARDED PROJECT S Re%ised.lanuaiv 31,2012 0002 13 -2 PERFORMANCE BOND Page 2 o f 2 PROVIDED FURTHER, that if any legal action be tiled on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Port } Worth Division. } 'Phis bond is made and exl'CUted in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 9 this instrument by duly authorized agents and officers on this the day of 1) 20 I0 II 12 13 14 l 16 17 18 19 20 21 2,? 23 24 25 26 27 28 29 30 31 32 33 36 37 38 39 40 14 +42 43 -1 46 ATTEST= - t e (Principal) •e is — — �r�ss [o lrincipRl � PRINCIPAL: Gilco Cont action, Inc. BY: _ V v S' nature Leia McQuien, Vice President, Operations Name and Title Address: 6331 Southwest Blvd Ben brooks T?L76132 SURETY: Liberty Mutual Fire Insurance; C'ornpany BY: 1fif 11-- Si feature g Sophinie Hunter,_ Attorney -In -tract Name and Title Address: 2200 Renaissance Blvd., Suite 400 King of Prussia, PA 19406 Witnlss as to Surety Telephone Number: 214-989-0000 IkNote: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the (late the Contract is awarded. CITY of PORT WORTH Y ! i l rhlfu.5 1'HAV STANDARD CITY CONDITIONS DGVI�LOPPR AWARDED PROJECTS C'171 NIiILIhf'7 ,\n- llli-!!/+ Revised.lanuary 31, 2012 Bond #022240004 uU c,' I 1 - I PAYsr[N-r BOND pzwc I of I SECTION 00 62 14 PAYfVIF:Nf BOND i 4 THE STATE OF TEYAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT 7 That Nve. Gilco Contracting, hc. known as "Principal" herein. and a Liberty Mutual Fire Insurance Company it corporate surety ( or 9 sureties if more than one), duly authorized to do business in the State of Texas, known -Ls 10 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, NO 11 HOMES- OF DFW, LLC, authorized to do business in Texas "(Developer"), and the City of Fort 12 Worth, a Texas municipal corporation ("City"), in the penal sum of EIGHT FIUNDRCD 13 ELEVEN THOUSAND TWO HUNDRFD_AND THIRTY-THREE DOLLARS S-, TWENTY la CENTS ($811.233.20). lawful money of the United Slates. to be paid in Fort Worth, Tarrant 15 County, Texas, for the payment of Which sum well and n•uly be made jointly unto the Developer 16 and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, suecessors 17 and assigns, jointly and severally, firmly by these presents: IS WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worrth, by and through a Community Facilities 20 Agreement, CFA Number CFA24-0139; and ?I WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the day of . 20 , which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein. to furnish all 24 materials. equipment. labor and other accessories as defined by law, in the prosecution of the 2; Work as provided for in said Contract and designated as Pavinu Improvements -to Serve Sander-os 16 Phase 2 ?7 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that il' 28 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 29 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 30 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 31 force and effect. CrTY OF FORT WORTI r STANDARD CFFY CoNI)l I IONS — ut.VF-],()PLR AWARDI{U PROJI r'S Res ised .I Liar.\ 31. 2012 U06214-2 PAYMENT BOND Page 2 ol'2 I '['his bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 'Texas Government Code, as amended, and all liabilities on this bond shall be determined in I accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the_ day of 20 7 ATTEST: EST: (Principa S ry Witness as to Principal ATTEST: `'',.q= h- (Surety) Secretary Witness as 10 Surety PRINCIPAL: Gilcoi—, actmJ4. Inc. BY: g,ture Leia McQuien, Vice President, Operations Name and Title Address: 633I Southwest Blvd Benbrook,TX 76132 SURETY: Liberty Mutual Fire Insurance Compprly BY: Sign t i nalt -- Sophinie Hunter, Attorney-In-Faci Name and Title Address: 2200 Renaissance Blvd., Suite 400 King of Prussia, PA 19406 Telephone Number: 214-989-0000 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF I-ORT wOR-Tl1 11111 STANDARD CITY CONDITIONS — DL•VLLi)P1iR AWARDLD PROJECTS r i "w h(I I Revised January 31, 2012 Bond #022240004 0062I9- 1 MAINT NANC'6 BOND Paae I of 3 SECTION 00 62 19 MAINTENANCE BOND ,1 .I TH E STATE OF TEXAS i § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT 7 That we Gilco Contracting=, Inc. known as "Principal' herein and Liberty Mutual Fire Insurance Company a corporate surety (sureties. if more than 4 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the Developer, M/I HOMES OF DFW, LLC. authorized I to do business in Texas ("Developer') and the City of Fort Worth, a Texas municipal corporation 12 ("City"), in the sum of EIGHT HUNDRED ELEVEN THOUSAND, TWO [-HUNDRED AND 13 THIRTY-THREE DOLLARS & TWENTY CENTS (MI L233.20), lawful money of the United 14 States; to be paid in Fort Worth, Tarrant County, 'Texas, for payment of which sum WC11 and truly 15 be made jointly unto the Developer and the City as dual obligees and their successors, we bind 16 ourselves, our heirs, executors, administrators. successors and assigns, jointly and severally, 17 firmly by these presents. 18 Ik) WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number CFA24-0139 , and =' WHEREAS, the Principal has entered into a certain written contract ,N ith the Developer 23 awarded the day of 20, which Contract is 24 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 25 materials, equipment labor and other accessories as defined by law, in the prosecution of the 26 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 27 the "Work") as provided for in said Contract and designated as Paving; Improvements to Serve 23 Sanderos-Phw e 2, and 29 30 WHEREAS, Principal binds itself to use such materials anti to so construct the Work in I accordance with the plans, specifications and Contract Documents that the Work is and will 32 remain free from defects in materials or workmanship for and during, the period of two (2) years 3.3 after the date of Final Acceptance of the Work by the City ("Maintenance Period"): and 34 Cl I N' 01: PORT 4 ORTI I STANDARD CITY CONDITIONS — DEVELOPI:It AWARDED P ROJI{C S Revised Januan 31- 2012 I 5 6 7 K 4 1 it II 12 11; 14 Ii 16. 17 Is 14) 20 yl 22 3 \IAIVI NANCP BOND Pain 2 of l WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part Upon receiving notice from the Developer and/or City of the need thereof at any time within the Nlaintenance Period. NOW THEREFORE, the condition ofthis obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or Cite may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that ifany legal action be tiled on this [fond, venue shall lie in Tarrant County. Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY of; FOR T WORTI I STANDARD CITY CONDI'l tON5 — DLVt:LUPLR AWARI)LD PRO.ILCI:S Rcvi3ed ffijar, 31.2012 006219-3 MAIN r1=NANCi BOND Pace 3 00 I IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this ? instrument by duly authorized agents and officers on this the ! day of _ti , 20 .I 4 7 8 9 10 II 12 13 14 15 16 17 IS 19 20 21 22 23 2=t 25 26 27 28 29 30 31 32 33 34 35 36 37 3s 39 40 IQ ti'ruycipv�ll, ' � Of LI'LIVI'l WihSm ns to Pn=ilaal s ATTEST: _ 1-— (Surety) Secret �`\ ~ �xc Witness as to Surety PRINCIPAL: Oilco Conf�ctins�. Inc. BY: ZSignature Leia McQuien, Vice President, Operations Name and Title Address: 6331 Southwest Blvd Benbrook, TX 76132 SURETY: Liberty Mutual Fire Insurance Cornpany BY: t Sign hrre Sophinie Hunter, Attorney -In -Fact Name and Title Address: 2200 Renaissance Blvd., Suite 400 King of Prussia, PA 19406 Telephone Number: 214-989-0000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. It' Surety's physical address is different from its mailing address, both must be provided. The date of the bond shal I not be prior to the date the Contract is awarded. C'1'I Y OP PORT wowr1 I l I %J.!? M r.1 f'7e Fhb. STANDARD CrrY comwrio% - DINI'LOP[R AwARDGD PROJLC I S Re%fsedJanuan 31,2012 vi a� This Power of Attorney limits the acts of those named herein, and they have no authority to _ bind the Company except in the manner and to the extent herein stated, Liberty Liberty Mutual Fire Insurance Company 1'MUtu l.. Wausau. Wisconsin Ce iifcate No: 8205468-022020 SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: Liberty Mutual Fire Insurance Company, being a Wisconsin Corporation having its principal office in the City of Wausau. State of Wisconsin does hereby make, constitute and appoint Don E. Cornell, Joshua Saunders; Kelly A. Westbrook, Ntikaela Peppers; Ricardo .1 RoYna. Robb) Ndoralcs Sophinic I Ivnter; Tina MIEN an.'ronie Petranek i all of the city of Dallas _ state of '1'X each individually if there be more than one named, its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred in their/ -its name, place and stead, to sign, execute, acknowledge and deliver in their/its behalf, and as theirlts act and deed, without power of redelegation, as follows: Bonds, undertakings, recognizances, contracts of indemnity, and all other surety obligations, as required, unlimited as to Dollar amount and to bind the Company(ies) making this appointment thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Company(es), and all the acts of said altomey(s), pursuant to the authority herein given- are hereby ratified and confirmed. AUTHORITY FOR MAKING APPOINTMENT OF ATTORNEYS -IN -FACT Appointment of Attorneys -in -Fact by Liberty Mutual Fire Insurance Company are made pursuant to Article V, Section 10 of Liberty Mutual Fire Insurance Company's By -Laws, as amended and by Unanimous Consent of the Board of Directors dated May 21st, 2013. Further, the President of Liberty Mutual Fire Insurance Company, executed a Delegation of Authority and authorized the assistant secretary signing below to appoint attorneys -in -fact as may be necessary to act on behalf of Liberty Mutual Fire Insurance Company to Inake ' execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances, and other surety obligations. Ili O 'C U IN WITNESS WHERFOF _ruefty kkLual Fie Insuran(m hea cauwThesa presemts Io be stgrwd by Its agprgnzed reptesenlalluim and Its Corptlrrale _e*@l 10 be lwfola Aimed, Q � this 23rd day of April 2021 a Liberty Mutual Fire Insurance Company 4yRT, ING �p *j BY' rp tin * wy� David M. Carey, Assistant Secretary i1. 0 a) I)(J M atm State of PENNSYLVANIA p ,r- County of MONTGOMERY ss -02 itte k egatng umlvrnMtwna achomiedgatbefore mp Ihii 23rd day of April 2021 N Inairnnrpr'.mmnanv _6 > > 7 N Z L) CERTIFICATE Q) r6 C E Attest:, ` " L-� r1 _ — Q `o Heather S. Magee o co co 0- by David M. Carey, an authorized representative of Liberty Mutual Fire Insurance o C M ! p 5 C U Crmrrnmwylh ar Farnc7MM�� H W n $col Term N hWpn'rx} 4:oinlF ca B r LGQ-cv W'd-' � Ii n JJk,:,. Mlminl�Rnn Mnmh:$$7Q} Y rT� Feresa Pastella, Notary Public AIemG,:r. Penney) ,— A.—aoon of Nwa, e I, the undersigned, an Assistant Secretary of Liberty Mutual Fire Insurance Company, do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney was one of the officers or officials specially authorized by the Board of Directors to appoint attorneys -in -fact as provided in the Unanimous Consent and Vote of the Board of Directors of Liberty Mutual Fire Insurance Company dated iMay 21, 2013. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the Board of Directors of Liberty Mutual Fire Insurance Company evidenced by the Unanimous Consent and Vote of the Board of Directors dated dune 28, 2006 wherein it was VOTED that the signatures of such officers and the seal of the Company maybe affixed to any such power of attorney or to any cer,&-ale relaung 11.'eretn by facsimile, and any such power of attorney or certificate bearing such facsimile signature and facsimile seal shall be valid and binding upon the Cnlr.nany when so aft eo and :., the future with respect to any surety undertakings, bonds, recognizances and other surely obligations to which it is attached. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, affixed, this day of _ R6yPyy. By:'-r f 1905 raj --- Renee C Llewellyn, Assistant Secretary � +ir 66tgxy � LWS (1 r 1 Liberty IMUtuai SURETY TEXAS IMPORTANT NOTICE To obtain information or make a complaint You may call toll -free for information or to make a complaint at 1-877-751-2640 You may also write to: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance Consumer Protection ( I 1 1- I A) P. O. Box 149091 Austin, TX 78714-9091 FAX: (512) 490-1007 Web: http://www.tdi.texas.Uov E-mail: Con sumerPr�tection tctdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the agent or call 1-800-843-6446. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH TI IIS NOTICE TO YOUR POLICY: Tliis notice is for information only and does not become a part or condition of the attached doCLlment. NP70680901 '05.15M IN15 TEXAS AVISO IMPORTANTE Para obtener informacion o para someter Una queja: Usted puede Ilamar al numero de telefono gratis para informacion o para someter Una queja al 1-877-751-2640 Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o que.jas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Protection (I 1 l -1 A) P. O. Box 149091 Austin, TX 78714-9091 FAX # (512) 490-1007 Web: httn://wwNv.tdi.texas.uov E-mail: ConsumerProtectionC?tdi.texas.<= v DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una disputa eoneerniente a su prima o a Lin reclamo, debe comunicarse con el agente o primero. Si no se resuelve la disputa, Puede entonces comunicarse con el departamento (I -DI) UNA ESTE AVISO A SU POLI%A: Cste aviso es solo para proposito de informacion y no se convierte en parte o condicion del dOCUmento adjunto. SECTION C STREET LIGHT CONTRACT FORMS y1 &42 7M-1Ait r1¢i+,11�L yyr,r rl 5EC71Pw o0 42 93 Oeveloper Awarded Projerts - PROPOSAL FORM UNIT PRICE BID Bidder's Application I Project Item Infomtntion Bidden" Proposal J Description Spcetfication Section No. Ind utpic F kR 17EIL7< it` � 1 1603.3013 2" ONUT p\VC SCH 80 (1'1 �% 33 LF 765� 6 ILM $14.152-50[ 2 3441.3002 RT�w;&r Aascmbl�II (LED AT80 PI011_ 5�1�_ 41 20 EA 151 bl 985.00 S2977S_00 3 3441.3301 Rd+ Ilium Foundation TY I 114t 0 _ EA 15 $1.430 OH =11 A 3441.1502 Ground Box Type B. w/AW= 'A 41 10 EA 15 $3.50.Oa S5.250.00 i 9999.0010 010 CUXHMV Electrical Conductor DD000(1 LF 2,295 Wj _ __$5,163.75 R 9999.0011 Furnish & Imaall P101 EA IS 9173.90 _P WS --- - fiMTL_��HARESTTLf9[NTNrtY1N1:�, $81416.2 UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT VNIT IV: STREET LIG INMORM��VE.MENTS laid C'uarhTrsliF� Bpi Contractor agrees to complete WORK for FINAL ACCEPTANCE within 30 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END (w SEr-ri(3r# BY: (Signahlrc) TTLG: Operations Manager DATE: ko\,11211 cwrd)7T rruT 1 sl7ettxlttlt^ttne1 MLThnl ftrencAMN uuctattnl■- hC414stes II A,4M W..bM4U,-M FAwVP�k WF*ti� 1, 31115 wcu wrr .A vn.Caaaw C04S 1= DAP PREQ0ALIFICATION STATEMENT Page 1 uFl SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work Tvue" box provide the complete maior work tvUe and actual description as provided by the Water lj iarlrrlent for water and sewer and TPW for paving. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Roadway and Pedestrian C & S Utility Contractors, Inc. 01/31/2026 i Lighting The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. :111_: BY -_- (Signature) TITLE: Operations Manager DATE: j�,o I�-�-t-Z-4 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIPICATION STATEMENT — DEVELOPER AWARDED PROJECTS 00 45 12_Prequalification Statement 2015_DAP - C&S.doax Form Version September 1, 2015 00 52 43 - 1 Developer Awarded Project Agreement Page I of 4 2 SECTION 00 52 43 3 AGREEMENT 4 THIS AGREEMENT, authorized on _ _ is made by and between the Developer, (M/I Homes of DFW, LLC), authorized to do business in Texas ("Developer"), and 6 C & S Utilitv Contractors, Inc. authorized to do business in Texas, acting by and through 7 its duly authorized representative, ("Contractor"). 3 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: to Article 1. WORK I I Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2. PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 Street Light Itnnroventents to Sanderos Phase 2 17 City Pvoiecl No. 105416 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 3Q All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 30 working days after the date 24 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 25 City Conditions of the Construction Contract for Developer Awarded Projects. 26 33 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that Developer 28 will suffer financial loss if the Work is not completed within the times specified in 29 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 30 rho Standard City Conditions of the Construction Contract for Developer Awarded 31 Projects. The CoTitractor also recognizes the delays, expense said difficulties involved in 32 proving in a legal proceeding the actual loss suffered by the Develaper if the Work is not 33 completed on time. Aceordingly, instead of requiring; any such ptoof, Contractor agrees 34 that as liquidated damages For delay (but not as a przalty), C'olltmctar shall pay 35 Developer Lwo flutrc : t c1 J ' rrfa_ Dollars 1 J LILT) for each day that expires after the time 36 specified ill Paragrapli 3.2 for Final Acceptance until the City issues the final Lower of 37 Acceptance. CITY OF FORT WORTH SANDERO.S PHASE, i STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS C 1TY PRO.JECT ,Vo. 10 416 Revised June 16, 2016 005243-2 Developer Awarded Project Agreement Page 2 of 4 Article 4. CONTRACT PRICE + Developer agrees to pay Contractor for performance of the Work in accordance with the Contract i0 Documents an amount in current funds of Eighty -One Thousand. Four Hundred Sixteen Dollars .41 & Twenty -Five Cents ($81.416.25). 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CONTENTS: 44 A. The Contract Documents which comprise the entire agreement between Developer and 45 Contractor concerning the Work consist of the following: 46 1. This Agreement. 47 2. Attachments to this Agreement: 48 a. Bid Form (As provided by Developer) 49 1) Proposal Form (DAP Version) 50 2) Prequalification Statement 51 3) State and Federal documents (project specific) 52 b. Insurance ACORD Form(s) 53 c. Payment Bond (DAP Version) 54 d. Performance Bond (DAP Version) 55 e. Maintenance Bond (DAP Version) 56 f. Power of Attorney for the Bonds 57 g. Worker's Compensation Affidavit 58 h. MBE and/or SBE Commitment Form (If required) 59 3. Standard City General Conditions of the Construction Contract for Developer 60 Awarded Projects. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract Documents: M a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 75 CITY OF FORT wmrT i S}tNI)Fk0.4 P11.ISE—? STANDARD CONSTRUCTION SPECIFICATION DOCUiMEN I'S — DEVELOPER AWARDED PROJECTS C17T PROJFCT Vo- 105416 Revised June 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 ot4 76 Article 6. INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of, the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This indemnification nrovision is specifically intended to overate 82 and be effective eveg if it is alleged or uroven that all or_sgNS of the damages being 83 jUhl were caused, in whole or in oArt anv act. omimion or negliffencc of thc_c . 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs, expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city, its officers, servants and employees, from and against any and all loss, damage 90 or destruction of property of the city, arising out of, or alleged to arise out of, the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 nrovision Is snecif3caliv intended to oDemttAud he ef1E'eetive even if it li. nlleaed or 94 proven that_*11 or some of the damages being soubt were clad. In whole or in earl, 95 by anv act. omission or neg&eace of the city. 96 97 Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 100 the Construction Contract for Developer Awarded Projects. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the Developer. 104 7.3 Successors and Assigns. 105 Developer and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all III remaining provisions shall continue to be valid and binding upon DEVELOPER and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 16 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH S,IYDEROS PH.-ISL'2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PRO-16'T.,Vo. 105416 Revised June 16,2016 005243-4 Developer Awarded Project Agreement Page 4 of 4 117 118 7.6 Authority to Sign. 119 Contractor shall attach evidence of authority to sign Agreement, if other than duly 120 authorized signatory of the Contractor. 121 122 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 123 counterparts. 124 125 This Agreement is effective as of the last date signed by the Parties (`Effective Date"). 126 127 Contractor: C & S Utility Contractors, Inc. Signature) Blake Menapace (Printed Name) Title: Operations Manager Company Name:C&S Utility Contractors, Inc. Address: 6705 Us 287 Hwv City/State/Zip: Arlington, TX 76001 Date Developer: M/I HOMES OF DFW, LLC (Si ture) �V'iN1 Dyl'�''i (Printed Name) Title: ✓P L Company name: M/1 HOMES OF DFW, LLC Address: 700 SH 121 B pass, .Suite 100 City/State/Zip: Lewisville/Texas175067 tl Date CITY OF FORT WORTH .SAA'DEROSPILISE2 STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS — DEVELOPER AWARDED PROJECTS CffF PRo,1E(7%,o. 105416 Revised June 16,2016 2 3 J 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I LSECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 105416. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: C & S Utility Contractors. Inc. Company 6Z0-5Us 287 Hvvy Address Arlinzton. TX 76001 City/State/Zip THE STATE OF TEXAS COUNTY OFTARRANT By: Dvana Saviors (Please Print) Signature,-, Title: Vice President (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared Dyana saylors , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of C&s Utility contractors Inc_ , for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17 day of October , 2024. Notary Public, or the State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 SLAKE MENAPACE Notary ID #130991676 My Commission Expires February 2, 2025 S.4ADERO S PII. ISF, ' C'IT) PROJECT No. 105416 00 62 13 - 1 PERFORMANCE BOND Page] oF2 I SECTION 00 62 13 PERFORMANCE BOND #4475854 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, C & S Utility Contractors, Inc. known as "Principal" herein and g SureTec Insurance Company , a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the Developer, MA HOMES OF DFW, LLC, authorized 11 to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 1� ("City"), in the penal sum of, EIGHTY-ONE THOUSAND, FOUR HUNDRED SIXTEEN 13 DOLLARS & TWENTY—F VE CENTS ($81,416.25), lawful money of the United States, to be 14 paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be 15 made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, 16 executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 17 WHEREAS, Developer and City have entered into an Agreement for the construction of 18 community facilities in the City of Fort Worth by and through a Community Facilities 19 Agreement, CFA Number CFA24-0139 : and 20 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 21 the day of 20 , which Contract is hereby referred to and made a 22 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 23 and other accessories defined by law, in the prosecution of the Work, including any Change 24 Orders, as provided for in said Contract designated as Street Liaht Improvements to Serve 25 Sanderos Phase 2 26 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 27 shall faithfully perform it obligations under the Contract and shall in all respects duly and 28 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 29 specifications, and contract documents therein referred to, and as well during any period of 30 extension of the Contract that may be granted on the part of the Developer and/or City, then this 31 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH .S. VDERO., PH .VE 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CM PROJECT,Vo.: 0 ,J16 Revised January 31, 2012 0062 13 -2 PERFORMANCE BOND Page 2 of 2 I PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 4th day of November - . 20 24 . ATTEST: (Principal) Secretary W itn s ss rinci pad Witness as to Surety PRINCIPAL: C &�S Utility Contractor& ne. Signature vye?nrf Vice President Name and Title Address- 670K 1 Ts 997 Hwv_ Arlin t rLIX 7Fnn1 SURETY: SureTeo Insurance Compan BY: Signature Lawrence Wesson Jr., - Attorney in Fact Name and Title Address: 13760 Noel Road, Suite 600 Dallas TX 75210 Telephone Number: 972-387-3000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31,2012 SANDEROSPHASE2 CITY PROJECT No. 105416 7 8 9 10 11 12 13 14 15 16 17 0062 14- 1 PAYMENT BOND Page I of 2 SECTION 00 62 14 PAYMENT BOND #4475854 THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, --C-& S Utilitv Contractors. Inc. known as `Principal" herein, and SureTec Insurance Company a corporate surety ( or sureties if more than one), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, M/I HOMES OF DFW. LLC, authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of EIGHTY-ONE THOUSAND. FOUR HUNDRED SIXTEEN DOLLARS & TWENTY-FIVE CENTS, ($81.416.25), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CPA Number CFA24-0139: and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the day of , 20 , which Contract is hereby 2,3 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as Street Liaht Improvements to Serve 26 Sanderos Phase 2. 27 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 28 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 29 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 30 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 31 force and effect. CITY OF FORT WORTH JA:' DEROS PH.45E 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS i 77Y PROJECTNo. I01,06 Revised January 31, 2012 0062 14-2 PAYMENT BOND Page 2 of 2 I "Jod 1�oEje and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 4th day of 6 November 2024 . 7 PRINCIPAL: Utili Inc, ATTEST: Signature Ic�,Ps i (Principal) Secretary Name and Title Address 6705 LL- ?87-1.1uLv Arlington, TX 760DI WY _ W^tne, 5S^t�Principal SURETY: SureTec Insurance Company ATTEST: Wy C� Signature Lawrence Wesson Jr.. - Attorney in Fact (Surety) Secretary Name and Title Address' 13760 Noel Road, Suite 600 �.... Tv 7ClAn Witness as to Surety Telephone Number: 972-387-30QL It 9 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 10 bylaws showing that this person has authority to sign such obligation. If Surety's physical l 1 address is different from its mailing address, both must be provided. 12 13 The date of the bond shall not be prior to the date the Contract is awarded. 14 END OF SECTION CITY OF FORT WORTH SANDEROS PHASE 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CUT PROJECT No. 105416 Revised January 31, 2012 006219-I MAINTENANCE BON Li Page 9 or SECTION 00 62 19 2 MAINTENANCE BOND 44475854 3 4 THE STATE OF TEXAS 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we C & S.Utility Contractors. Inc. known as "Principal' herein and 8 SureTec Insurance Company _ a corporate surety (sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the Developer, M/I HOMES OF DFW, LLC, authorized 11 to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 12 (`City"), in the sum of EIGHTY-ONE THOUSAND. FOUR HUNDRED SIXTEEN DOLLARS. 13 & TWENTY-FIVE CENTS ($81.416.25), lawful money of the United States, to be paid in Fort 14 Worth, Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the 15 Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, 16 executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 17 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities 20 Agreement, CFA Number CFA24-0139 ; and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer 22 awarded the day of , 20_. which Contract is 23 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment labor and other accessories as defined by law, in the prosecution of the 25 Work, including any Work resulting from a duly authorized Change Order (collectively herein. 26 the "Work") as provided for in said Contract and designated as Street Light Improvements to 27 Serve Sanderos Phase 2; and 28 29 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 30 accordance with the plans, specifications and Contract Documents that the Work is and will 31 remain free from defects in materials or workmanship for and during the period of two (2) years 32 after the date of Final Acceptance of the Work by the City (`Maintenance Period"); and 33 CITY OF FORT WORTH S , DEROS PHAE 2 STANDARD CITY CONDITIONS— DEVELOPrR AWARDED PROJECTS CITY PROJECT No. 105416 Revised January 31, 2012 006219-2 MAINTENANCE BOND Page 2 of 3 i WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part z upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. :1 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to S remain in full force and effect. 9 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely i 1 noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety under this Maintenance Bond; and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 17 Worth Division; and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for Successive breaches. 21 22 23 CITY OE FORT WORTH .5:+1DEROSPHASE ? STANDARD CITY CONDITIONS — DEVELOP$R AWARDED PROJECTS CITY PR0J1,.7'T,V0. 105416 Revised January 31, 2012 POA p: 4221060 _ SureTec Insurance Company LIMITED POWER. OF ATTORNEY Know A11 Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Frank Swingle, Warren Gravely, Jr., Matthew B. Elmore, Kirk D. Dreyer, John M. Huff, Stacey Healy, DeAnna Hansford Crombie, Lynsie Decet, Lawrence Wesson, Jr., Katie Hunt, Crystal Carlson, Collin Brence, Sarah Swain its true and lawful Attomey-in-tact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 001100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shalt be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: A froenvy- in -Fact may be given full pourer and authority for and itt the name of and of behalf of the Company, to execute, seknowtedge and deliver, any and all bonds, recognixances, contracts, agreements or indemnity and outer cotxhucinal or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thunder. and any such instrumenti so exacted by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President arid sealed and ef4oted by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seat of die Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or Facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (itdopted at a meeting held an 20`h of Apr(l, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this loth day of August , A.D. 2o24 . �. SURETEC INSURANCE COMPANY By: wVla rib J UJ y Sd Michael C. Ke mig, President State of Texas County of Harris } On this 20th day of August , A.D. 2024 before me personally came Michael C. Keimig, to me known, who, being by me duly sworn, did depose and say, that he resides in Rouston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he igy� TA� ere o by like order. Chelsea Turner, Notary Public My commission expires July 6, 2028 pry4 . Q7 I, M. Brent Beaty, Assistant Secretary of SURETEC INSUereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is Si' m 071JI& effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of _ A.D. � t M. Brent Beaty, Assistant cretary Any instrument issued in excess of the penalty stated above is totally void and without any vhlidity. 4221oao For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm CST. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 0062 19-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and. SEALED this instrument by duly authorized agents and officers on this the 4th day of November 2024_. ATTEST: (Principal) Secretary Witness al ATTEST: -Y (surety) Secretary mess as to Surety PRINCIPAL: ,C Rr S Utility Contractors. Inc. Signature 0 y ona S'Cv /cZf Name and Titlpr-,.as ieleo7 - Address: 6705 Us 287 Hwy Arlington, TX 76001 SURETY: SuraTec Insurance Company BY: f y Signature Lawrence Wesson Jr., - Attorney in Fact . Name and Title Address: 13760 Noel Road, Suite 600 „DAlas. TX 75140 T Telephone Number: 972-387-3000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS Revised January 31, 2012 SANDEROS PHASE 2 CITY PROJECT No. IIHJ76 POA 4:4221060 SureTec Insurance Company LIMITED POWER. OF ATTORNEY Know A11 Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Frank Swingle, Warren Gravely, Jr., Matthew B. Elmore, Kirk D. Dreyer, John M. Huff, Stacey Healy, DeAnna Hansford Crombie, Lynsie DeCet, Lawrence Wesson, Jr., Katie Hunt, Crystal Carlson, Collin Brence, Sarah Swain its true and lawtul Attomey-in-tact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and conf-irming all that the said Attorney -in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20" of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this zom day of August A.D. 2024 SURETEC INSURANCE COMPANY ul', u, jai Michael C. Ke mig, President C;)in State of Texas s, w' County of Harris .�✓' On this Zan day of August , A.D. 2024 before me personally came Michael C. Keimig, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he sig irsi�taux[r4terelu by like order. — .� Chelsea Turner, Notary Public My commission expires July 6, 2028 1, M. Brent Beaty, Assistant Secretary of SURETEC INSU%ku_� r iereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which Sf xr fLPt/QfQ effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. f" , r t . w11 4A Given under my hand and the seal of said Company at Houston, Texas this day of 1 V13ve�'. 4yv A.D. rent Beaty, Assistant cretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. 4221060 For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm CST. SureTec Insurance Company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9500 Arboretum Blvd., Suite 400 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714- 9104 Fax#: 512-490-1007 Web: http://www.tdi.state.tx.us Email: Cons umerProtection@tdi.texas.gov PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. SIC TX Rider TDI Required Notices rev 07_2022 Page 1 of 1 Sureiec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Limitation on Bond Penalty Increase Notwithstanding any provision in the bonds or suboontract to the contrary, the pedal sum of this Bond shall automatically be adjusted to reflect the additive or deductive amounts of all change orders issued to theSubcontract; provided, however, that Obligee shall notify Surety if an individual charge order increases the Subcontract Price by mare than 10%, and, if at arty point the aggregate amount of all change orders increases the Subcontract Price by more than 35% of the Subcontract Price, the Surety's consent shall be required to increase the penal sum of this Bond rn excess of 3 % of the Subcontract Price, such consent not to be unreasonably withheld. The failure to provide the requited notice shall riot release Surety from its obligations to the extent of the bond penalty in force prior the change that required such notice, Texas Rider 010106 SureTec Insurance Company RIDER TO BE ATTACHED TO AND FORM A PART OF PERFORMANCE AND PAYMENT BONDS BOND NO. 4475854 Wherein _Q&S Utility Contractors,_ Inc, is named as Principal and SureTec Insurance Company, as Surety in favor of M/I HOMES OF DFW, LLC as Obligee, in the amount of Eighty -One Thousand, Four Hundred sixteen and 25/100. Dollars ($81,416.25) effective .January 1, 2025 for Sanderos Ph 2 - Citv Project No. 105416, CFA24-0139. WHEREAS, when this bond was executed _W1 HOMES OF DFW, LLC was named as Obligee, and WHEREAS, it is now desired that certain other parties be added as "Additional Obligees". NOW, THEREFORE, it is hereby understood and agreed that the following shall be considered as Additional Obligees under this bond: City of Fort Worth,TX The foregoing, however, is subject to the following further provisions: (1) The Surety shall not be liable under this bond to the Obligees, or any of them, unless the said Obligees, or any of them, shall make payment to the Principal or Surety strictly in accordance with the term of said contract as to payments, and shall promptly perform all other obligations to be performed to by the Obligee under said contract at the time and in the manner therein set forth. (2) The Principal and the Surety shall not be liable to any one or to all of the Obligees in the aggregate in excess of the penal sum of the bond, to wit: $&1,416.25 Signed, and sealed this 4th--day of Navg-raber, 2-024. Signatures on following page SIC AS Dual Obligee Rider rev 10_2021 Page 1 of 2 Principal: C&S Utility Contractors, By: I6'l'�{ Inc. Signature Name: I)V cfo E/ SU V /61cs Title: SureTec Insurance Company By: Signature Name: Lawrence Wesson Jr., Attorney -in -Fact SIC AS Dual Obligee Rider rev 10_2021 Page 2 of 2 POA 4:4221060 SureTec Insurance Company LIMITED POWER. OF ATTORNEY Know A11 Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Frank Swingle, Warren Gravely, Jr., Matthew B. Elmore, Kirk D. Dreyer, John M. Huff, Stacey Healy, DeAnna Hansford Crombie, Lynsie DeCet, Lawrence Wesson, Jr., Katie Hunt, Crystal Carlson, Collin Brence, Sarah Swain its true and lawtul Attomey-in-tact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and conf-irming all that the said Attorney -in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20" of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this zom day of August A.D. 2024 SURETEC INSURANCE COMPANY ul', u, jai Michael C. Ke mig, President C;)in State of Texas s, w' County of Harris .�✓' On this Zan day of August , A.D. 2024 before me personally came Michael C. Keimig, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he sig irsi�taux[r4terelu by like order. — .� Chelsea Turner, Notary Public My commission expires July 6, 2028 1, M. Brent Beaty, Assistant Secretary of SURETEC INSU%ku_� r iereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which Sf xr fLPt/QfQ effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. f" , r t . w11 4A Given under my hand and the seal of said Company at Houston, Texas this day of 1 V13ve�'. 4yv A.D. rent Beaty, Assistant cretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. 4221060 For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm CST. SureTec Insurance company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9500 Arboretum Blvd., Suite 400 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714- 9104 Fax#: 512-490-1007 Web: I1i.Lr1; 1www.tdi.state.tx.us Email: Cons umerProtection@tdi.texas.gov PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. SIC TX Rider TDI Required Notices rev 07_2022 Page 1 of 1 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Limitation on Bond Penalty Increase Notwiihstanding any provision in the bonds or subcontract to the contrary, the penal sum of this Bond shall autOmatically be adjusted to reflect the additive or deductive amounts of all change orders Issued to the Subcontract, provided, however, that Obligee shall notify Surety if an individual charge order increases the Subcontract Price by more than 10%, and, if at any point the aggregate amount of all change orders increases the SubconfraCt Brice by more than 61/h of the Subcontract Nce, the Surety's consent shall be required to increase the penal sum of this Bond in excess of 35% of the Subcontract Price, such cocsent not to be unreasonably withheld , The fai€ure to provide the required notice shall not release Surety from its obligations to the extent of the bend penalty in force prior the change that required such notice. Texas Rider 010106 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by ISEREp,��` ACEC CS AMER1C N COUNCIL OF ENGINEERING COMPANIES OF �MEs��a SMILE RfffI INTEGRITY SCEo.sW American Society National Society of Professional Engineers Aof Civil Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by lov CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nsve.or2 American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.or2 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.ora Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.a2c.ory The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology..................................................................................................................................5 Article2 — Preliminary Matters......................................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance............................................................................. 6 2.02 Copies of Documents.................................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed.............................................................. 6 2.04 Starting the Work..........................................................................................................................7 2.05 %fort stZekixg cmCh:uctior.........................................................................................................7 2.06 —Pr-eceatmetien�ferenoo; Do✓ ao................................. 7 2.07 Initial Acceptance of Schedules................................................................................................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse............................................................................ 8 3.01 Intent.............................................................................................................................................. 8 3.02 n e f Yoe o 3.03 Reporting and Resolving Discrepancies...................................................................................... 8 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points..........................................................................................................10 4.01 Availability of Lands..................................................................................................................10 4.02 Subsurface and Physical Conditions..........................................................................................11 4.03 Differing Subsurface or Physical Conditions.............................................................................11 4.04 Underground Facilities...............................................................................................................13 4.05 Reference Points.........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5 — Bonds and Insurance.....................................................................................................................16 5-01 IPQrf ando..................................................................................16 5.02 L,.ovr.aQd Euritiea aid Imc)urow...................................................................................................16 5.03 Cartifoatos of Lrvamnoo............................................................................................................. IC 5.04 Contractor's Insurance................................................................................................................17 5.05 Owner's Liability Insurance.......................................................................................................18 5.06 Iloper*iy Iiouruuwo...................................................................................................................... IS 5.07 Waiver of Rights......................................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds........................................................................21 5.09 Aeeeptaaee of Bonds „d lm—umnc •o� Optionto Replaeo...........................................................21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5.10 Partial Utilization, Acknowledgment of Property Insurer.........................................................21 Article 6 - Contractor's Responsibilities........................................................................................................ 22 6 01 S'ap.............................................................................................. 22 6.02 lZlbuF,-Workixg I-Iours................................................................................................................22 6-03 Sefvi^,tea is , and F"ipm nt........................................................................................... 22 E.N lllogrccc Ea':gdulo.......................................................................................................................23 6.05 S/ab3t:tatfi rxd "Or Equal5......................................................................................................... 23 ti C r^o.. ing c„h^ r-ae o:c, F/aprlier o c...................................................................2-5 6.07 -Patent Fees and Royalti 3........................................................................................................... 2 E 6.08 Permits.........................................................................................................................................27 6.09 Laws and elation3................................................................................................................. 27 6.10 Taxes...........................................................................................................................................28 6.11 U3e of Site and Othe A "^µ17....................................................................................................... 2° 6.12 .l'coo:d Do:,uij&i-,& ......................................................................................................................29 6.13 ftf-\-y� Pro-tgotion.................................................................................................................. 2,7 6.11 Saf to-k-;o.................................................................................................................30 6.15 Hazard r^„,,,- unie pion Pfogntmo............................................................................................. 30 6.16 Emergencies................................................................................................................................ 30 6.17 Shop Dlu»g✓axd Eerxplco ...................................................................................................... 39 6.18 Continuing the Work.................................................................................................................. 32 6.19 ' tee..........................................................................32 6.30 Z-,d r=Koado.. 3?- 6.21 Delogatio„ of P - fessi ,na Design Sw,-"iea,j .............................................................................. 311, Article 7 - Other Work at the Site................................................................................................................... 34 7.01 Related Work at Site................................................................................................................... 34 7.02 Coordination................................................................................................................................35 7.03 Legal Relationships.....................................................................................................................35 Article 8 - Owner's Responsibilities......................................................... 8.01 Communications to Contractor .............................................. 8.02 Replacement of Engineer....................................................... 8.03 Furnish Data........................................................................... 8.04 Pay When Due....................................................................... 8.05 Lands and Easements; Reports and Tests ............................. 8.06 Insurance................................................................................ 8.07 Change Orders........................................................................ 8.08 Inspections, Tests, and Approvals ......................................... 8.09 Limitations on Owner's Responsibilities .............................. 8.10 Undisclosed Hazardous Environmental Condition ............... 8.11 Evidence of Financial Arrangements .................................... 8.12 Compliance with Safety Program .......................................... Article 9 - Engineer's Status During Construction 9.01 Owner's Representative ..................... 9.02 Visits to Site ....................................... 9.03 Project Representative ....................... EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii ....................... 36 ....................... 36 ....................... 36 ....................... 36 ....................... 36 ....................... 36 ....................... 36 ....................... 36 ....................... 36 ....................... 36 ....................... 37 ....................... 37 ....................... 37 37 37 37 38 9.04 Authorized Variations in Work............................................................................. 9.05 gDsfwtis`xTork..................................................................................... 9.06 Shop Drawings, Change Orders and Payments .................................................... 9.07 Determinations for Unit Price Work..................................................................... 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 9.09 Limitations on Engineer's Authority and Responsibilities ................................... 9.10 Compliance with Safety Program.......................................................................... Article 10 - Changes in the Work; Claims ......... 10.01 Authorized Changes in the Work ... 10.02 Unauthorized Changes in the Work 10.03 Execution of Change Orders........... 10.04 Notification t c„rzky...................... 10.05 Claims .............................................. 40 40 40 40 11 41 Article 11 - Cost of the Work; Allowances; Unit Price Work....................................................................... 42 11.01 Cost of the Work.........................................................................................................................42 11.02 Allowances..................................................................................................................................44 11.03 Unit Price Work.......................................................................................................................... 45 Article 12 - Change of Contract Price; Change of Contract Times............................................................... 46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Times.......................................................................................................... 47 12.03 Delays.......................................................................................................................................... 47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................48 13.01 N-Aioo of Dofcatg........................................................................................................................1 ° 3.02 Aacccr to A' lork........................................................................................................................... A 0 13.03 Tests and g..................................................................................................................1 13.N Unoc7;oril�g Wonl........................................................................................................................19 13.05 Owner May Stop the Work......................................................................................................... 49 13.06 C eet ,. n omo,�,a1 of Dofootivo V'a-il................................................................................ 50 13.97 Co: sotios Nviod........................................................................................................................50 13.08 A „tanee of Defeet W di.................................................................................................. 51 c Article 14 - Payments to Contractor and Completion.................................................................................... 52 14.01 Schedule of Values..................................................................................................................... 52 14.02 Progress Payments...................................................................................................................... 52 11.93 Co:,,,�-uot--,r'o Wanu ty of T'itlo................................................................................................... cc 14.04 Substantial Completion...............................................................................................................55 11.95 R%rkal Utilizratim........................................................................................................................ cc 11.0E Fir.l InToot:axi...........................................................................................................................5C 14.07 Final Payment............................................................................................................................. 56 14.08 Final Completion Delayed..........................................................................................................57 14.09 Waiver of Claims........................................................................................................................ 58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii Article 15 — Suspension of Work and Termination ..... 15.01 Owner May Suspend Work ..................... 15.02 Owner May Terminate for Cause............ 15.03 Owner May Terminate For Convenience 15.04 Contractor May Stop Work or Terminate Article 16 — Dispute Resolution ......... 16.01 Methods and Procedures Article 17 — Miscellaneous ............... 17.91 Giving " TWoo ............... 17.02 Computation of Time . 17.93 Ro mo d:co .. 17.0/1 Fkin,ival of Obligations 17.05 Controlling Law ........... 17.06 uo di-ng3....................... EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv 58 58 58 59 60 ............. 60 ............. 60 ARTICLE I — DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. 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. 5. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder —The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order —A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim —A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. �.. ,. The Gentfaet seper-sedti rrrsr negotiations,, agr-eements,. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 63 12. Gen-tffiet DeeiEment-s Theso it=. Z Z�d91Zi���ci�riirtl icrgrecnicn+. nr-vniy�mircca ^vi"--1rrFc i eepies of the �cm llot Drawings, other- G,,,Afa 1, mix-nitt-als, and —too nport& „a a,.,,wing of vabva:faee-and ,.b,ysie l ,, a;+;ono ano nat r,,,A.aet r,,,etff ents 13. Contract Price —The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor —The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work —See Paragraph 11.01 for definition. 17. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. &gi-neer The individual or enticenamed as sieh in the Agreement. 20. Field Order —A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. f Divic&-m 1 of the Speei fie ,*ions 22. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestene A p oipal ov . speeified in the Ge;ifaet Doeumei3ts—f-ating ;o an intefmediate eempletion date or- time pr-ief- to Substantial Compietion of all the Wofk. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 63 27. Notice of Award —The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed —A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner —The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs —Polychlorinated biphenyls. 31. Petroleum —Petroleum, including 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. 32. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project —The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual —The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. 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. 36. Resident Project Representative —The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. 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. 38. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 63 40. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. therete, and sueh ether lards f,m;shed by Owner -which aw designated for the use ef r,�aeton materials, e"ipment, systems, stud wor'km. m-Ahip as applied to the WoFk, eert i administrativer-equir-emeffts a*d p eeduml mattom applieable the fete 43. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder —The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. 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 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. 49. Unit Price Work —Work to be paid for on the basis of unit prices. 50. Work 44ie entire eonstmetion or- the various separately identifiable pafts thereof fequifed to pfevidiwg all labor zervi es, and a,,,.,,, en4 do neeessar-y to p duee suesueh e rs.,.,,e fiery . n Wig, irtiteallin , and ineefpefating all materials and equipment in4e siieh eenstnuetion, all as required by the C rt,- et D,,etff en4s 51. Work Change Directive —A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 63 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. b. does t meet ther-equir-ements of any aPPliab11i i-xspeetio fe f , enee standaFd, toss o. l�ro been p:i�r to Engineer's TecemmendationofmKma'. p y4ne t-� responsibility for- the pr-oteetien thereof has on osvimad by Owner- at Substantial Completion ; aeeor-danee with n.,,.., upih 1' .nn ,,�T EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 63 1. The wof"-TuY illy" -,Aen used in eenneeti9irwith -set=vt e&,-4 &t-_,6,a1s, or equipment, sn�ii fneanto 3,jWIy, .,a ����� m�*orlala, or aVipfnen4 to the Site (or- seme ethe oeifiea 1....ation) ,.early f use or im?teallatios and is wablooperable , rditio,, 2. The word "install," when used in conneetion with serviees, inater-ial I . . . ent, shall mean to pat into useor- ..lace i final position said s o&, :rn komalz, o ent , rlete and ready fef intended use. 3.The =wofs "p C; " Z "provide," when used riirE6imcvti6irwith rsciviccsmaterials, r equipment, shall mean k f imioh and ink 1, saidsei=viees,materials,or- o R1 eE)Mpl and ready for- if4en oa , 4. IA4ien "furnioh ," "inocall ," "p e vfr,„6" 6vide" is not usedin eennectioiv"rtrrservices-, is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to three printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The r nt, aet T;.,.00 will oammencc to run cn the thiAieth day after- the Effeetive Date of the Notiee to Pr-eeeed may I gi I time within 30 days after- the Effeetive Date of Agr-eefnen4. In no event will the Centr-aet Times eemmenee to Fda later- than the sixtieth day afte the day of Bid opening or- the thil4ieth day after- the Effeetive Date of .Sgreentn:, whicheve duo is oa:iion EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 63 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. A. P-r-elitninary Sehed-ukes., Within 10 days after- the Effective Date of the Agf!eement (unless theFn „se e ;R-cd i-,, the Geaer- l Regt em. of tO, Centraeto; aIiaL cub ,:sit t Engineer- for- t;,. el�7 . a prOiminary Progress Sehe"Ie indieating the fifnes (numbers of days or- dates) for- stafting and completing the various stages of the Work, ineluding any Milestones speeified in the r^�aooun xits; 2. a preliminary cif F/abmittals; a -ad 3. ao'.imlr,, c l,oa„lo fValuesfor-all of the xx'.,a, ..,1,; 1, ; l,, low „t;t;os a r o .f items w-hieh when added together equal the Centfaet Pr-iee and subdivides the Work into eernpenent parto is Duffieieat detail to sef e as the basis for- progresspay-meats dufifig per-fofmanee of the xx�oileh pr-iees will ineludo an appi"aprrate amount of ever—headever-head an profit applieable to eaeh item of Wofk-. A. Befefe any Work at the Site is staf-ted, a eeafef-enee attended by Owner-, cc� Ek.,bgin and ethers as appr-epfWe will be held tablish a Nye .long under -standing among the p.fties ., to the Work and to disetiss the sEhea�aesTe€erredo in llamgmph. 2. handling Fhb Drv. 4t- ra �or cubnntiltels—, soodrrg Appneations for- Payment, anc� nxtintainingr-e,,, ife , r-ds B. At this eenfer-enee nyffie,- and Gent,..,, tOF e ,a'i ohz1 designate, in writing, a speeifiei dividual to au ao ito auth3naedr-epr-esextative with f:espeet to the serviees and f-espc�lb;litioo under- the Contmet Sueh indi ,;dual--,IhNaR 11..,0 the .,,,thor-;�, to t-.,,,sfnit inst ,,,bons o v o infefmation, 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 63 the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract 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 Owner. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. A. &tear and&, gpo--ifieafiens, Codes, Laws, and Regulati 1 . Refer-enee to standards, speeific-ationz, rnarua �i�cea�� �� tee �a�-sere ; erg-anizatign,, or- assecieat�on, or to La A , by 91m11 n. e r the standard, s eeif e tkov, r.rual, moo, c T ai,s ne�, in effeet at the time of opening of Bids (or- on the Effeeti o Dato af the Agreement if there were no Bids), exeept as may be otherwise speeifiea4y stated in the Cent-Faet Poeume > > from these set f ft>1 i the GepA, aet D,,,.,,,. e ts N sue pr-evisi„ or kiztjuatie shall be e f f etiye t to Ownef-, > , pa , agents, seesultait or- subeo rtmeteis, any duty ority o :,ulnr,,ise three per-fefmanee of the Work or- any dffty of- authefity to tmdeftake ornib;.lity ;neen4stetA „tt1 the provisionsof the Got#, aet n,.,.,,men4s 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 63 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). deletions,A. The GepAfaet Doeuments may be amended to provide for- additions, d-vio;o:0 ix the Work or- to modify the tei:ms and eendifiens thereof by either- FC)hanbgo Order- or- a We CN-xygo Dire. alun2cnt d, and mina -- vafiafiefiS an de-N4-Ationlss in dhee Work fna-y be au*er-ized, by one or- more of the following ways- apF,,.,. op D,-uu,--r Farspl.Q (subjeet to the pfovisions f Pafagf! p of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 63 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving parry. Any conclusion or information obtained or derived from such electronic files will 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. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party. C. 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. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 63 Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor 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. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 63 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times i£ a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 63 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. 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 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 Contract Documents, Contractor 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 written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 63 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. p peri*s and n, in a: The F/applameu*tafy- Conditions identify those reps and knev ., to nyfflo,- el., tag +o Hazardouo Dnvir-onrmepAal Conditions that have been idefiti fie � the Site. aeetifaey of the "tea. data!' eentained in suehzepef-ts and dFawings, but iehr-eperts and wings afe not ontraet Bow " a'mioal data" is inthe Supplementary Conditions.E-Xeept-fermi-Ah roliaroo on rush "teehnieal data," GofAraeter fRay not rely upo fake- c4aim a aiiist Owner- er- Engineer, of any of theif offieefs, difeeters, membefs, pzftaefs, employees, agents, eonstiltants,ubsentfaEterwith r-espeet to: 1. the eompleteness f suer-epet4s and drawings f Geftt,aetor'o r/arpases,iffeludiffg, but not meted to, a*y aspeets of an.aaxo, r. atheds, teehai }es;-Se"enees andpreeedtifes Of rstna do to be employed by Gent aettor and 3af, r o „tions and r mm3 ineide o 2. "bloc data, inter-pfetations, " r;ono and inf ,.,,,. atio contained ; sueh fepefts of: show e indicated in sueh drawings; e 3. any GePAT-aeter- interpretation of "r , el„s on dn,v. C. Contractor 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 Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor 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) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 63 permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either parry may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either parry may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.11 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 63 ARTICLE 5 — BONDS AND INSURANCE A. CofAfaet--T zlall fu izh pa,.f ,......aaee and payment bonds, o-aZh is Zr wmaupA at least 0 1 t she obligationsunder- the Contfaet Doetunei4s. These bon 3 olmll it 3ffeet w4i! one ye after —the date��final px,,mont boeemes due or- u*til eempletion f the correetion pe oA speei€red 'im -Bamgrup-h 13.9—hiehevlater-, exeept as pfovided othe y Laws o Regulations or by the G,,,A,aet Tle..iimeats Gef t, actor ,Ball ab- 9 ftimish . ie OtheF 11,.,,, s as are r-e"ir-ed by ontnwti TD9CCiITMnto. B. All bonds shall the fonn Mier-ibed by the Contfact Doetimensoxeopt—as- provided otheFNN4se by Laws or- Regulations, and ch l b-z exeeffted by suesueh s ,.egos as are namedi the 1i of "Cempanies Helding Cer-tifieates of Authority as Aeeeptable Sweties on Feder -a! Bonds and ins Aowptaho Rcix-.long ✓ompa�vo" ao paNlished in Gifeular- 570 (,,,.-,ended) 1.., +l,o Fimrzal Ma-nageme*t Sey-viee, Sufety Bond oh, U.E. DepaF4+ierit-of the Treasufy. All beiids signed authefityto bind the sufe eviaeree of authe ohall oha , that it ; of f etiye o the date the agent of attomey in faet signed eaeh bond. G. if the s et„ en effyJaeml-furni3hod b'y, r,.��, � ., to l ,, 0d bankmpt l.o,,,ffies insolvent its right to .,immoo iein as;' state wher-e any paft of the Pr-ejeet is leeated or- it. eeases to meet therze"ir-emeffts f n.,,..,gmph 5.01.B, C,,, tfa or ohall pramtly ffet;f., n., ne and Engineer- „d olsall, .h,;i:1,;n 16 An ftef the 0 en4 givinge to ?/,:/-1 natifreatmr.� provide other bend and s et., 1,..�1, f ..,hidh ohall a • 1 �- 1 i se�eseiw i►w����i�eii�iseiniv one �i 1 iw�iwi����a ��z.�n�� ��u��Q�� �nr.�„ � ii . 1 1 /� �. 1 � �rs�et� and ir��na��oo�p��io:�'�11 zse o w mr,, b p ide ;a +"o F/applcm-antafy A. Contraetc o,11z1 deliver— toONNner-, with—eepies to eaeh—additionwed—and loon payee idea fie t o Sapplar.entaiy Genditior., oei4;fieates of iromrc B. Over d ll deliver-toGe}traeter-, with—eepies to eaeh—addrtia l i su ea and less payee idefifified i+"o WW., tiew, cce.;f;�af inc/aranse (and othe f e ide e f insuranee fe"ested by r rt,.,,, tefor- anyothe,..,,1difi-o"`ll ingurad) .t-hiel, n.,,ro, v rod t EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 63 C. Eailurt orsplian e :�4p 1an0., from-the-evide13ee pr-evided o1hNaRl n9t be enstn d as a waivef of Contft c4or'z obligation4e maintainsue1, , D--viciie"' does not "@pr-esei3t that insufanEe-E9v€r-ag^c-and lifnits ozAeablizhed E. T c ircummo d -equir-ed her-ein shall of be deemed ro a liritation on 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 63 employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. Contractor Shall include the Engineer and their designee as additional insured. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. A. Unless otherwise provided in the SWplementar-y Conditions, 0 z ohall purelhaso and nmint-an prepinoum—xoeupon the Wofk at the in dho arno-unt of w ft ���� (s*eet to sueh de aiNe =ouVi o co mar,be-pfevided4n4ho F-appl„ required by Laws and Reg l.,tizomL). This irmaw 1. imxx ude-the interests of Owner-, Gep.4f axis Eub , and Engineef, and any ethe.r- individualsor- entities identified i *"c Eupp?cnz2ntaryrditions, and the effieer-s, dir-eeters membo , partrim, cn2plr✓, , agents, eenstiltants, and smubeentfaeter-s of eaeh and any e EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 63 them, owAI of ,i,1,,,,v, ,s deemed t havo an l.-,Gu able interest d -,tali 'a-4ist6,d ao a ?os-5 2. be . ,-ittef on a B, i1dc 'o mil' "a.kl p hey form t -,�L at least ; elude ; e physie-alloss of damage to the temper-ary buildings, rnisewor-k and ,r terialo and equipnwAnt in tfans,-a d zlmll inc-um against t least the f ,l,..: ing r fils or—oawlij offs: fire, ightning, extended -cover -age, theft, vandaliom andfnaliciouo mio: iief-, earthquake, eellapse, debris > , water damage (othef! than that caused by flood), and Such other- per-ils of! eattses of loss as may be sp€eifieally r-e"ir€d b3thet rse:HIM _ .Ee!ss. . e�as:e�sesss�eees;Ee�sers�: eer:re rs. IN ON' . NO M.M. • B. Own,- ohall pur tease and maintain stieh equipment rreakdo n inoumn e o;! additional property insl anEo -\O HX-zi be Yo -e by the S,, Pleffientafy Conditions r t,o and P_. will n the ifAerestsfOneF, Goatfaeto1I, Fkaboont>=aete-fs, and Engineer-, and any othef n,a;t,;,a,,.,ls , „fifies identified in tho F/uppl. mc- --,I partne�e ees, agents-,exn ul�a-W; suboofft.,,eto-.s f eaeh and any f the eaeh f'wham is deemed t haw ar. irxurl-xl ' . C. All the poheies -e-f in un nze (and -the eei4ifieates of: Qther-evidenee theteef) tequir-ed to be d rruintained in aeee dalroo 5.96 will eon ain a govision er r-e€ttsed ur.Kl a+Aeast,o p6or e-aeh otho: l000 payee t,.whom a eei4 f;eate f ir., um-, e has been issued a -a will eofftain , pfevisions in th Bamgrao. 5.9.? D. 0 : cbcalk' n t be 4ble 4or speeiAed irrthio Patagruo. 5. , Of others in th-e „'-oi-to the extefA of a4iy de"etib--Nintc t1mt are identified Yh F/upplementafy C iti�.o. The r-isnof less - within sReh-identified deduetih}o arm unt v., Cat#r-aeter-, Stibeentr-aeter-Is, E)r- others stt�r-ing a4iy stieh less, a -ad if any of them wishes pf:opefty insufanee eever-age within the limits ch anvant , tain it at4he piffehaser-'s EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 63 E. i�ntT-aEterr-equests ..sting gi t other- speaal inunlr.se be ifleluded in the pr-epefty Ohio Pamgmph 5.96 -Owmr ahall, if possible, " insufanee, and the eest thereof will be ehar-ged to Gefitfaetor- by appropriate Change d�� lk�r to Eommeneemef4 of the Work at the Site, 9ifflc shall in •1, not stieh thcr ix-mran e has been r roa by nyffie,. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.073 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 63 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any parry in interest, Owner as fiduciary shall give bond for the proper performance of such duties. of the bon c iscrosse -eqir-ed-to be ehkased-andmaintained by4he -et1Wr par" aEcerdaneewith AAiele 5 on tho bavr3 of ,,o eonfeFmanee with the Coot, aet r,,,,.,,., effts the ob jeeting a4y 1 3a notify she other- . i4y lhithi,. 18 daysr after- ieeeipt of the ,.eF fif; ates (or- ,thee e ,ideas e requested) ,-e b, , Nmgmph. 3.01 B nyigneir and C „t,.ae .. alvll. oash provide t the other- stieh ddi ional :rf f m.-m .-we r ide thereqj�l,o, v ,, ,1.1., +. T may fth--T part., does not pufe1, ,so or main + ;n ,11 ,f the bends and inurat.\oa ohall nee to maintain prior- to afty ehange in the r-e"ifed eovefage. Withou4 pfejudiee to any other- right o ' 0 u Y- l 0 , 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 63 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES .GofAfae --T ahall up o . ioo, im?,Nst, ar-eet the "fkeomPeteftlaand effieien4y, devotifg sueh attention there o and appl:r4ng-s-udh gldlls andexpei4iso as may be neeessary t per —form the Wofk ; aeewdanee with she Contfaet D,,,.time„ts Goat. eto ?hall be solely responsible for - means, methods, techniques, sequenees, and pr-aeedufe of eenst—metion. �>10 or shall net4e responsible f the n gligenee f n.t ,.cc or Engineer- i the designor- ee fieat o f " " eifi . moano, m. , in and o essly ,-o,,uired by the rorxtuCv s B. ^-� t all timoo during the progress - of the Work, Ctaetor shall a ; peter* reside super-ifAendent .,,l,o z1.mll nat be r-eplaeed without .-Fine„ ,oboe to nm--e,. mnd Efzlmo ml-ept A. GefAfae or shall pr;!�-J— !�rr�:se�sri■sr�:e!�saae!e!rs .iffrrieersries fm eon 'he Go aet Doeumen s. Gentmetor 7hqll al��j maintain geed diseipline and ofder- at the Site. at -he W o1nal be pe>-f4m a dwing egula.. ,,,.king hotifs GofAfae cc wxkl -.,t rofmit the orf ,.., anee f Wor4 on a &a lr , or any -le -gal holiday without Owner's .., tte eoasei4 (whieh will not be tiar-easonably withheld) given aftef prior- wr-itten notiee to Engineen A Unless the fy 4se " eei fi3d in tho r n#aet r,,,,.,hffien4s, r,..,,..aetef shall p ide and w&j TX7 f44 rocpo1 oib�li,y-f'T ',L oew4e9o, nx.,�or&-.q I . e 4,,—Ircaborl t7 -nopar atio eenstiwfien olo, applian"-\3, --v, Franitari =aeilities, tomponsr,--fi le d �1 -athe ae l t* 3 and inaideRtals neeessat=y or- , start up, and eempletion of the W,,, t, B. All ormla xid equipment ineerporatedinto theWonc dll lkl bo av,-jpeeified o if not " oeified olnll ?Q truwt 1008thiflefits. All speot� �ow dhall e ess , m to the bo„v�;� of Ownef. if r-e"ir-ed by , GofAfaetuy dhall wish oatiof reports of tests as-te-the sewee, kind, and ""' xialo am"quipnwx; G. All mater-ials and ont ohall bQ cteoxad, applied, install„ , , used, eleaned, and , „dit rod ; eFd nee _ ,;th imtruo ans-a-thy applieablo Fkapp;iar-, exeept as other -wise may be pfevided in the Gen#aet Deeumen4s. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 63 A. -rttrae or mall adher-e t the n,,,,gress Schedule o3tabli5hea ; aceordance .kith Pamgmph 2.07 1. G #,.,,, tor- shall „i. En,-ineer f aeeeptanee (to the extepA indieated in 1Zamgaph 2.07) proposed-adjustmen*s in the Progress Sehedule-tit ,;,l not F lit 1IX rttraet Time. Su-- i adjustments will eomply with an), pr-ovis ons of the General ReEfdir-enoncg applizable then-eto EMPTTUMI� I �11 W.M. ~'- MO. ' M11, A. Where et! a ite f matorial ar eduipmont io opo i fie deset!ibed i the G,,,,t,. et r,,,,,uffle„ s by , g the name f a p etafy ;tow, of the flame f a -pa --mb F/app lm" the S-Peeifiefttion Of descfiptienis intended to establish the type, ftnEtion, appoamnse, and quality r roa Unless the speeifieation or- dese ins or- is followed by words r-eading that o lilo, oft; ot! "or- " 'tern or- fl.o vabstitut; .,, v,,,,;I.,+oa then ;toss of fnatet!i l of o „A of „,, er- l of equim, ost of othcc EappLer-s may bo cuN-mNt 1 . -9r-EqHal- Aeif in Ef gifleel:'S-Sole dser-efios an item of mtmial a: ;a"ipmeflt pt!oposed by Coi#r-aetot! is funetionally equal to that named and suffieiepAly oimilar so that no Work will bo ro,, ir-e,a ;t , be eonsider-ed by EfIgi or W ar. « » itom, in Whieh case ttview andappt!oval f the proposed tan ma; Egig „eef- ok disefeti ,,,, be aeeompl�had withoet oompltalwo eme all af�zgain rxz-Itc fer a oval of pr-opvosed s4stitu* items. FooF the pufPoses o� hio TkampuRli 6.05.A.1,R n am oa ; f. a. in the . 1) it is a4 least -gu'q in r7n�sFi-als of eonstFuetior, quality, dumNlit, , stfength, and design ; r�e�!�rr��ssxesirs�sssse�srrsr�srsrss .���rssrsier+se� M. wit bum a proven v ar- fpe49,.,,,anee w,a m,ailability fr-e . ,,,�.,o l) there will be no iner-ease in east t the Owner -or- „ G,,�t Timo; and ors Gub3tantially oin mmed in the G nA,- et D nAs EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 63 W 0- - WO ..... a, IWIM b. Contmeto sImll vaLnit suffie ent ifif ,.,,,"4;,.,, as pr-ovided below t allow Ffiginee dote, nine ;file item of'material equipmant proposed ; essentially equivalent t items of material or equipment will not be aeeepted by Engineer- from anyone other- than row e. The , ents for- tvview by E jnee, a \kl bo -\-3 earth in Pam -„-a, A.2.d, x Supplemented by the-GeneruReqttirements, and as Engineer may deo is app:under the eir-eumstanees. d. Contraetar zhall ire , ttm applie item of ma4et!ial or- equipment that Gonlmetot! seeks to f4nish ot! use. The applieati 1) z 11 o. . a)per-fofm adequately the unetiom and a--iieve the results ^"ilea r^,- by the ge r"i design, "✓oimilar in oubotanee to that speeified, an e) be Suited to the same ttse as tha4 " ";f;e . 2) will cA,-ae�.L -eke-ax:mt, if arry, to whieh the tise of the pfoposed s4sfitute itcn2 Trill��adiee b) whethef use of the pr-e-posed s4sfittite item in the Work will o a e'x)b-e4n aiiy f the Gefiti-7aet n,,,.time is (of: i thepr-ovisionsof " other- diFeet rtr-aet with Ow-nef for- othef work on the Pfejeeo to adapt the o tho pvmpased s4stitu4e item, an ✓'titute ;to,,., , eenfleetion , ,i thethe A --d i e t t paymetA Tar., liee se fee "lt.,. co, nminten nee; repair, an ; 1) Shull een,ain an itemized estimate f all eosts of , edits that will r-estdt dire." d drainm of other- . fftf ete agaeted by my r-esultifig..1,. igee EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 63 B. sHbstitwe cloiistffietioii Akma£--6r P-PoeeyAllo N a speeifie means, method, teehnigde—, mquimi by the Golitfaet Deettments, C..,,t,-.,eto - m f„mish or „t lizo a vabvtiftAo moans, mQ+cc vn j 1:cnbiincjd e.ueiice, ^arpr^vce ccrrc of LA'S aW.aye.a by 1~', ginee !-'opA-aeto,- shall submit s f'f;ciepA information to a ,--. €*ginool� in En , that expr-essly called for- by the Contraet DoettmepAs. The r-e. i -fits fol! sg_*Iw.M --�:lvmllar t d in Ilam . G Engineer�s Evahtation., Engineer- will be allowed a t!easonable titne within which to evaluate eae pr-opo --,r submittal m-€ plamuant-4o Nrogmphs fequke fur%id-. add.�ata-abut the proposed substitute ;pow, the sole jttdge of aeeeptability. No "or- e"al" or- s4stittite will be ordered, installed or- tttilized ut#il Engineer's review is eomplete, whieh will be evidenced by a Change Order- in the ease of -a stibstitute-aid an appm°edShop Dr -awing "or- equal." Engineer- will advise Goff ,.,,,tor ; wrifing of any negative detemination-. furnMh at ' per-foftnanee gttar-apAeeor- thee! s ety - it , eet to afty „bsti „ e pfoposed or vibr.N. Ae by CepAfaetor plarujcint to Par-a�-,..,,gam ._^_:? and Whethor ox note app :ea a zidbst-itute so proposed or submit , GopAtuetor &hall reimbur-se Owner- for the reasonable 1,.,fges f >~rgineet! fee! evaluating 0 1, :hall alza ffib ir-se Ownef for- the reasonable ,.h -ges o for rnaril� eofitfaet with Owner-) Festthing from the aeeet4a-nee of eaeh -proposed s4st or dlall provido all dada im uaVaft of any proposed substitute L�f gzyal" at . A. Cantfaeter- shall not empley any Sttbeen clr, Flappli. , these aEEeptable to Owneras indieated is _%ragfap tip; - et#e itia�ly=-o;=� fepIaocma-it, cgaimt 0 nx-iy or 51mll not be fequifearte .le C„ .CeatFacal�apn l^i-v e",.;.;.uaor- entitytef�no pe4ofmanyoftheWorl clgainzt �r. B. if o FmprplemefitafyConditions FeVife-the identity of Eeftair. &ab eefAmetoM, &applied-0 ather- ;,,,a; -.;,a als eF entities to bi c/dhmitt tzr.o b;OwfieF by a r,,-Y j mt ist the fee f in aeee darwo -i ithrtho F/app).. ' or- by failing to make wFitten ebjeetiefi thereto by the date ind-jeated for- aeeepta-nee oF ebjeetion ir: th c)u&. FlaLroantfaetc\; Fkapp�i.--ar 31\a11 Dubmit an ao Eel#r-i6to'1, Flap]. 1.',T,v"ry e'iri7ren , and the E6irtFaccrrrcc= will ry aojttsted thediffefenoo in tlo eost oeeasioned by stieh feplaeefnent, d an appr beissued.No . ,-.t., ee by OwneF of any „ 1, C'4eefitf:ac4o- ,1 F/applio,-, of: othe,- indi .;"a ., EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 63 C. CotAfaetor ohall be full„ ,. s b.le to n,t,ner- and Engineer- for- all „^ts .,,,d omio✓rono of the ,S4^^ F/aff)H G ark the individualsor- entities per-foFming r fl shi aff f t>10 Wofk just as Co t. etor- ; responsible f r,,.,faetor-'s own ^ts and o niovronz. Nothing4n he 1. zhall 0 e to f r the befief;t of ff zuoh FiatizetAT-acatoA Fiapplior, o other- ; dual or entice any contractual relat onzhip between eT or- Engineer and any ueh Sube6irtmeterStipplier- or- other- indi-N4&al or- eatity; no - -3. GlmL ^ e ate ., obligation on thc'pai"f n,f eF Ew >~ngif eeF t p OF to vo to the of aff moneys &e any Stleh SttbeOR4Fae OA gdW- ieF, OF otheF individual o entity o ., p may ather-wise be Fequifed by Laws and Regulations. T'�--GofAfae --T shall bo oalely=esp^H�for- sehe&ling and eoefdinatiag the Work of Sub^,. ef", F/ap-liers, and deer- ;,,.1;,,;.1 RIS or entities Pore ,.ffli g f,,.,,ishi g any f the € Centr-eeair rhall raquiro all Fk�uoafftfaetov;, �.ep'�Jrrz��, urnd sueh othzy ;�idi:,id„als or entities orf ,.... ing or-fumiohing arry of the Work t ^ ^.ate w;tl, Engineer- thf ough Goff traetof. �1�:�r�:rr�srs�r:�s�E�Tse!�sfsrss��fes�r:rssxrrse�e•� . •ter � se G. All Wofk per-f ,.., e for- Gentmeter- b a F/abee cT Fmpp ier will be r nt to a binds the Scivevircrccccrn(1 F1app1 Tto the appheable—torm and -eenditionz ar—t1iLc^vrrcrucc Sube ,.,fact ,. or &applies ho io lice, is so^ provided , Pefagmph 5.96, the agreemet# between the C—e=auEter—and the SubeentraEter or Fmppliwill ea��is prqvisiens whefeby tko gubse�ter-cc EuMli. , Contreeter neer, and all tho indi:,;,lua4sor- entities identified tl,o Fappiefnentar-y C ioxf) to bQ listed w imuro , employees, agents, eensultat4s, and subeepAfaeter-s of eaeh and any of them) for- all 1OSSeS aHA damages eaused by, ar-ising out f, rckting to, less eovef:ed by suesueh pokeies and ., other- r ,.in-imunze applieable to the Work. if the c�cpamlk .uaive,. fefms t be signedby afly Suboontrax�or al= A. Gentfae cc shall pa; all heense fees and royalties and asstffne all eests ineident to the use in per-fefmanee of the or tN. ine , preduet, or- -de-vieew-hia': iz thesubjeeto€patent fight p1ghts held - paf ioultr im ocun-a-ito for- use in the per-feFmanee of the Work and if-, to the aetual knowledge of Ovmer- or- Engineer-, its EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 63 tlso iz ubjee"&tatent nghto ghts e lling for- the payment of any lieense feeor- to ohall k. . B. To the fullest ex4ent pefmitted by Laws- and eg *;o r &hall inaefm f , and hold harmless Gentraetcc, and its ofneer-', dirc6ter-s, members,pa er-s, employees—ageH4s, sensttl ai4s, and sieentr-aeter-s--fpom and all Jraimz, sosts, losses, and damages professioxialz, and all eettt4 or- afbibFatienor- other- dispute resection-e0s Z) arnng Odor elating to r� '' „A of ,-..,tent rights ghts ; eide„t t the , "G in th,—,,,perf6rmaHee of the --T restilting ftofnrthe ineorpofatien in the Wofk of any invention, designees G. To the fff lest el 1►ix tte by Laws and Regulations, C nt,aetor G�V.11 isd,,,• ify .,* hafmiess Ovffier- and Engineer-, and the > , losses, and damages (ine! ink but not lifnitedte-all nfees -ar-gesorengiI aahitees,-at4efneys, and ether- r fess orx& a'.Nd atl eett ar aA/.*. afiiror: or othe,. disp,,to ro .,hAie,, eosts) ., of or- r-elating to a*y ififfifigefnefA of paten4 rights or- eopy-r-ights ineidef4 to the use in the per-fofmanee of the Work orr-esultingfr-em tl e4ffoarNmfiiox ;a t • 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. A. Centr-actor 01mll give all r tiees requiredby and ahall with all .. heable to the per-fefmanee of the Work. Exeept where other -wise expressly required by applie-able Laws and Regu4atizrz, nci her-Diner—ler- Engine -cc oliall be responsible for menitering Gen4aeter-'s caome.ianse. B. if C nlraotef inug My Wefk knowingor- having reason to know that it is ,mot,-.,,-„ to Laws ot: Regulations, for chill ear- all elaims, eosts, losses, and damages (ine1„dirrg b/atnot limited to all fees and ehar-ges of engineers, ar-ehiteets, , alrz and -ail eouA or ar itrut' or Howe-ver-, t-dImll not be Contraeter-'s responsibility to make eet4ain that the Speeifeatiens aRA Dfawingo aro in aseerdanee with Laws and Replafi3r., fat thio dill nat relieve rv,.,,t,.,,, ter- f C. Changoo in La-&--R��ono rat lm, on the Effeetive Date of the Agr-eement if there were no Bids) having an effeet on the eest or- time of per-feffflanee of Qkall b. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 63 sueh Ozairs rnr,� d in Pumgfaph 10-05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 1 o; obaL c f rnaeomv an A , . s of workers to the Site and other areas pemitted by Laws and Regulations, and - any mcNli laid -or alma, to the ^ eoupant thorn^f of: of . ,,0jaeent land Of resulting ft!om the per-fefmanee of the Work. Claim be made by any sownefttehor-oeeepant l.^. attse of t e per-fefmanee f t e Wor-k, tmeter ohall pmmptly sett! h ouoh atho paw, by „ etiatio ^ othen ise To the Ulest exteitper�nitted by Laws zand Regulations, Cottraor ohall ink he d hannlo32; Own gificq% and the offieefs, ifeeter3, msocnbaaf3, parts employees, agei#s, consultants and subeepAraeters of eaeh and any of them from and against >a4-olai rno, oasts—,4ogNo, and damages (ineltidi g bt t not limited to 11 foes and ,.har-ges f e -. I ehiteets, attomeys,-and other efesrsio�z� -and all ^ ,,,4 ^ ar-b;tFatief ^ ethe . t2;) arivf.\,- at4--af c/e rcJ tin , 4ought by „ehh owneF ar 000upmt L1�iaoa� or other- paFty indemnified Km,-oun ' the :ef. Utz c11xzL keep thee -and odwr ar2as fFee &)m-ue ties of m ate -rims ruLvnh, an''h dio. Itcmvlal and disposal of stieh waste ma4ovialg, ruLv�rh, arm a dobri,- 1hall c rf;,n- to . „1;eablo Trwciasd Rogulaiens: C. C4eaniffg.-- o Fiabz4an6al chill clean the Site a -Rd the shall r-etneve ft^m the Site all t^^lo, aWlianees, eens4ttefion equipffient aiid machinel=y, and ,-urpllro fits"alo a d 31mll rester^ to oFiginal ^ a;t;on all pr^pe fty net designated far- alter- D.Lea,4iffg Gentf: or slxi11 net leaner- ^, ,,;t ,, ,,t of any stt.uetttfe to be 1eadea tlxtt will Lxio ahall aF dj nt r et4y to stresses o s that will ^a.a. ige ;t EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 63 A. —Cntrae or ?hall maintain in a mfe plaee at the Site one reeord6opwf all Dmv, > , Field Orders, and wr-ittefl inter-pr-etations and ela6fieations in good ordef and annotated to show changes inade during eonctr.lc`i^on. These Y ,.,.a ,aoeti,, a is togethe , .;th all aplxo :mod F-am. and a eotmter-pa44 o all approved c1,op Dm.i,;,, .s . „11 b-R,ailablo to Engineer for-Te€er-enee. Upon completion of the AT.,,-1 those r-eeord .1...,,,,fw to, £/arnplr, ;Dp Dlll..;ff&-s ..;11 be deliver-ed to >~',-.,.inee,- F r. A. Contrae or zhall be sole!), resporsiblezot—inictiuting, maintaining and supeFvising all of t C '.lail'so ix '�nneetio„ with the Work St eh respoa,-�y.Kt;' does not relieve tn2ti woAE, nor- for- -conzpl�r —se with applieable safiaty Laws and Regulations. Contraetor�iiuic take all neeess precautions for the safety of, aid ohall pi- vide the fleeessaty protection to • 7 all the We -L and m til alo a.—, o ,,t t be ineefpofated the LYE, Lt-erage * 0 off the site, -and 3. otherprepef, at the Site or- adjueent therete, inel tr-ea7,, vhrub?;, la;n2g, walhz, pavements, t!oa&,aytruEtur-e3, utilitioa, and Undergoun F^�litio& nat designate B-= z chcakl with al aNioablee T ,ate=o znxt Regulatior. fvlat� pef:sans Of pr-epef�y, or- to the pr-Oteefien of per -sons or- om darr`ago, injur,�, or Iwo; and shall e oet and main ain al neeessafy s f ..,,.,Ms f ,- suesueh sa y and pt:eteetion. !`o t,-ae o: Lll1�l notify ow-nefs of t p, ptesesntiOR Of theWoy1 r1.11;=a€feet t�,.�n, aM c�11�1 seer-ate with them in the protee C. Centme -- ohall zomply with t1,o -reqwrem" s of Owner's safet, pt:ograffls if an - The Supplementafy Conditions identify any nz'2; zaf egmtm that are appheable to the A'-erl . D. Centraetuy shall infofm C u sx an ' ;'h Whieh O ,,,or'o Z&d o�npley000 anxt ropf:ese t tive 1.' while t 11 -" E. All damago, injury, loss to pr-epefty referred to in-%-,ug,-.,,-.l, 6.13.A.2 6.13.A.3 ,l 0 in part, by-42-entracrr-r, any Subee tf tor, P/applief, of any thee: ;,,.a;,.;.a,,.,l entity d -eetly E) indifeetly employed by any f them to per- m as,-ef4he Wer-k, or- anyone fef whose aets any of em nny-be4ablo, A ll be or Er:ginoor , EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 63 any of theme may be liable, and no attmbatable, d;,-oe4y of indir-ee4y, ; „ holo or in part-,4e4he faidlt of negligenee of or or any can, Wppli„ , or- ethef individual or- entity dir-ee4y of indifeedy employed by any of them), F. GwAfaetar-'s duties and responsibilities for sa�� and for- pr-oteetion of the Work shall continue until tmo ro all the As-cempleted-and En4nac lhro iozi=d a notiee to nyffie,. and EeAfae or in aemph 11.07.4iat A ork io aeeeptable (exceptas othef, 4se expressly provided ; eonneetion .t,itr Eubckantal Completion), A. Contr-ae --T dmll designate a qualified and exper-ieneed sa�� r-epr-esefitative at the Site whose duties and „onoibilitiao ohall be the prevention of aseidents and maintaining and fs � � pro pragrams. A. GofAfae or ohall br--espoirrrblj for- ,.,.ainating any- v.,,a,, nge of ,,. ater- „l safi �,. data sheets of ether hazard-eommunizatio inf ,..v atio,, required t be made available t or ox..b,. raged b.etweo., or- among employers at the Site in aeeor-danee with Laws or- Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. A. Gen4aec& i3imll o; bm. it -,Shop Drwnings d F/ampl, and apprav44* aeeer-danee with -the —aeoWed Sehof EubmtA is (as requiredby n.,,..,gmo. 2.97). Eaeh Submittal will be identified as Engine I . . :e-. a. F/dbmit ntmiber- of eepies speeified in the General Requirements. b. Data Shownr-vir- the �iop Diw.,Jngs will be E9mpiccc=vvicir icspcvt6crtlg&, tcria, mate4alR,-and camilar data to show Engineer -the serviees, mxtorialz, and equipment r,,,,#.,, ter- proposes to provide and to enable Engineer- to review the infefmation for- the limited pwpeses r-equir-ed by D.,,-.,..,-.,p 6.17.D. a. F/abrsitnurnba af Samples-speeified in the Speeifieatiers. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 63 b. Cleafly identify each &a-.vzple as to fn c�ial, F/appli„ , dam w satalog ftumberc the use for- •T h eh intendedd oth✓r data as Engineer- may r-eq-tfir-e to ena Engineer- tor-eview dh, —mlxn ttal f the limited p o re"ifed by D.,,-.,..,-.,,.,1, ti 1 7 r, B. WheFe a cop Dm. or Fiamplo is mquked by the Contraet Doeuments or the Sehedule F/aIx-mittall, arzy related Work porf prior- t Engineer's ro o and appr-oval of the ret4i en4 submittal will be at the sole expense and responsibility of CopAfuetor, 1. Befoio oubmitting eaeh Shop Drawing or FiamjJ.e or ohall ha. Id and eeordinated eaeh clop Drvi'v ng or Earsple with other- clop Dnn.41qgs and Samples .,,,a with the requirements f the Work andandthe r`,,,,tfaet TL,etff e ts; t, f a all f: t, t; es a n. etern}ine a. :'eriaccr-c^nrzr "^ccr�areli�en o, gL'lanticic,� en§i: "�peEl�ec� orf .,,,a deli .n erito7iea, installati,,, ro I ts, ,v,a4e fWs, e t.,log numbers, and c rmi lar inf ,.,n t; with fe eet t efeto-, e detefmined and verified the suitabilAy-of all materials off r-e T,4 o e t t the indieated rlie do , f br-i .,,t;os, zhipping, handling, storage, assembly, ffi,a instillation d. detefmined and vei #`led all in fofmatienr-ela6ve to GofAfaeter-'s Fesponsibilities for mzano, mathods,teehniques, sequeneeo, and praeedwes of eonstruetiornnd safety pfeeatAions and pr-o-gu:Tiz inside t thereto 2. E ah submittal ohall bear a stamp or peeifie "tten eertifisatien-that Eontraeter-has review and approval of that submittah 3. W4h each vabmittal, Gontr-aetcc zhall give Engineer- speeifie wfitten notiee of any variations tlmthe Shop D,wringor Fn p; may have r- the equir-ements Of the Contaec Ito. Thiz nadeo ohall bo both a .rrAlen-eommunisatiorrso-parato ffem-the Shop Dfawingo or Ea,.�p;o cubmmtval; and, is addition, by ., eeif e n0tat;,,,, MadeOfl eaeh chop Drawing r>r &l:-vabm. i f E3p Dru .virgs--and Fiamplos in meefdanee T.it,, the Sehedule f F/jbmitta o,. able t l~rgine n Engintereview and a .,1 will be only to detefmine if the items eover-ed by the sibmittals will, a or irttallati the Wxfkeenfefmrto the infbnnation-g an ir. Pit r,.nt,aet r,,.etff en4s and be , ,.a4ible coin ' 2. ' cana, methods,, or-preee eenstmetien(exeeptw-hen a partic-ular mwarz, method, teehnigae, sequenee, or- pr-eeediffe of omtruai EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 63 Contact Documents) or t safety pfeeatifiens z in,.;a�eto. TN. raview and approval of a separate .rn az F/jeh will not indieate approval ef o auncmla,, in whieh the item fidnetions-. 3. Engineer's review and apprwval shall relieve Coftraeterfrom ooponoibility-any ,variation ffor the ,-equines-r��tits f the Gorr, aet T,, et ff,. en4s unless Gorr,.,,, for has , ,.h ,it1, the requirements of Pam mph 6.17.C.3 n Efiginoc hao given " on approval o€ eac'., mch. variation Shop or Fiamplo. Engineer's review and approval ohall nat relieve Co flt-.-a tlor- Irof., res-pomsiNlit, for eoraplying with theFe"irefnefAs of Paragraph 6, 7r , 1. Contraet.-IT z' 11:rnolo soffeeti ns r-equired by Engineer and 31mll return the ro red nur bor of eerreeted eepies f Shop Dm»gs--and oubmit, .,re"ired, „ Samples for reviewn approval. G.,fA, aet.D z�lm11 direet speei#ie attention in writing to revisions or than the eerreetiens . alle., for by Engineer e e ,;ouo oubmit 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. A. Contraeter=warrants 3 that A Work will be in aeeo ee with the C,.,,t, aet r,,,,.,,.net4s and will not be de f eti o. Dnginter and its offieers, direeters, raeraber-,, partners, employees, agents, orvallunt��rnd b t'� chv11 b. efi4itled to rely on , � �l�c�n*fa�: representation of Contra r'o 1. abune, moo-x, or irspropo ram\xt-en nee or operation by persons other than r nt,..,ete ,Subeentfaetoro, &apipliors, -or-and' other indivi"al or entity for . -her., Gentraeter is roopom-iNo; er C. Contrae c 'o obligation rm --,zA senTiete-the orlr ir. azee ee with the Gentaet Deettments shall be abseliite. Neneef the following will eenstitute an aeeeptaneeef WE)f-k that is not in aeeoFdanee with the C-on#aet Doe eats -a a ral-ase of Contraetor'z obligation to perform the Work in aeeerdanee with the Contraet Deetirneats.! F�!�assrr�s�resr.�!tisf•�ee�s� 2. r-eeenurlendation by Engineer or payment by Owner of any final px;w&i4-, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 63 -3--.—tl. moans 4. ese of wmpanoy of the Work or- any pa44 thereof by Ownef; 5. any review and approval of a Shop Dmv ingor &am„lo —,,1.mitta ^r O ioauan e of a rotie-e of --ptaLylit,,, 6. any inspection, tossor- approval by others; • $. In any and all elaims against Owner or E gine�r of their ieels�eetom, momber� paftncm, omp to, or oub efit+ et by any employee (of the poamorxz :epFesefAative of suehemployee) orGoatmeter, c, eontf:aetef:, , 0 any individi ci e-itit-Y G\-M an, e Waal, or as;,^ e for- whose aets . rsay bo fiva le, the rode ni , atio obligation , rdeF A 91mll not bo limited in any on tho am , Sti,pplief, of other- indivi"al or- entity tfflder- ' eempensation aets7dimb/ifity benefit aetsT other- e -,levee benefit aetom Bar lagraph 6.20.1 chill nat extend to *'�^ liability r a l t� �y--or�gme��gme E eEter� ate, p ��ne�er3�p�e�xgen� the „ ,..,tier -- apy~v,.,i ^r ^r the f ilufe *o pm-pzo or apnm vo r sapo,'TDcvuingo, clpin�o:l 2. giving dir-eetions E)r- ifistfuetions, Ew failing to give them, if tha4 is o p.A-'.%ar,, eattse of the it�� of damage. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 63 A. Centraeter- will not be r-e"ired to provide professional design ser--viees unless stieh serviees are sped#ill"'�equir-thee}traet Dee el is for- a portion of the l-or unload vah required to early a�4 , s responsibilities for- eenstpaetion means, , u if professional dwigS zar-viewor- ,.o..Eifieations by a design professional Felated •1 systems, O.,Ng e - and R giwo, 11.411 speeify all per-fofmanee and design eritaciz that vast, set=viees ,st heense of ss onal, whale -signature and sea4 3ha11 appear- z.11 d v, .vi s,, ,..,1,.u4atton , speeif e-atiens, eertifre-atiens, Sh-p Mwi ings-a etkn val nit+als „ fed by suesueh professional. -Shop Drm ,inn ra oth-- ;ubmittara rolated to Work designed or- ee#ified by suek professional, if pre -pared by ethers7-ahall boar aushpre€essional'a appr^�o en „>,mit4oa to Engineer-. C. Owner and Enginvcoxr shall be entitled t rely upon tho a , the se v eer-ti fie Lionsor- approvals per-fofmed by suesueh &cign pra€essio:s\ata, pr,yidea Ownef Mi ft oatislf�- D. Pu-,auant-te--this I- mgfapk-6.21, Pngin.er-'s r-eview aiid appf:eval ef design ealettlatioro and design dru»ingz will bo anly for -the limited of eheek for- -ee ne h perfefma-neez and design eritoria given -and -the design eeneept �Drpmaaad in the Centraet Doeuments-E*gi-noor'z ravie w and appfeval-af Pnop valxwitt l�rs— e design ealeulations and design drawings) will be efily f r tho p'arpo39--stated in llamgr-aph 6.17.D. 'T. E. Cen#ae cc a'ia1l -xat be responsible for- -the -adeq f the perf }ee gm cfizeria ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a parry to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 63 access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner 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. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.0I.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 63 ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.13. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 63 and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 63 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times 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 Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. A. Engineer- will hwe attt4efity to r-ejeet Wefk w-hieh Engineer- believes to be defeetive, or- that Engineer believes will not produee a eempleted Prejeet that eenfemis to the Cent -Fact Doeumei#s or- that will pr-ejttdiee the integrity of the design eoneept of the eompleted Pr-0jeet as requkz-Wc6al inapeetion or tooting afthe Work ai od in Nragmph 13.01, who*not the Work is ft03r4eated, installed, or- eempleted. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 63 on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 63 and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0l.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 63 executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. A. if the provisions of any bond require notiee to be given to a sefety of any ehange affeeting the general seope of the Wo fkor- the r, ,f the Gon T,,.,.,,,. ents (inn! dire bates spor�ib;Lt<, �-am p ereaok appl;,.able bond will be adjusted t r-efle t the e ffeet of -any 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other parry to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 63 E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.0I .B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.13, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 63 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.1)), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 63 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.I or specifically covered by Paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.0l.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 63 the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. Any and all Work specifically called for in the Contract Documents or which is required for the proper construction of items called for in the Contract Documents is to be performed by Contractor unless specifically indicated otherwise. The cost of all work for which there is no separate pay item in the proposal shall be included in the price for a related pay item such that work called for or required by the Contract Documents will be constructed for the Contract Price. C. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. D. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. E. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 63 ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l .C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0I.A.1 and 11.0LA.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l .A.3, the Contractor's fee shall be five percent; where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0I.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.O1.A.4, 11.0 LA.5, and 11.0 LB; the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 63 deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.0l.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, 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. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 63 E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK A. Proall defeetive 3A'o :k f,, h eh Owner- ar Elnneer I-,,w actual k—w-v edge will be - given toContmeton Defeetiv orl, may be r eetea eorreeted,eptoa as idea i this A t4ie1 e 13. A. • eanstier-vesa-apersonneha-ve aeeess to the Site and the Wor4 at t:easofiable times for- their- obsen, them of Gefit+aeter-'s safe� A -doo and programs so tha4 they may eompl . �: A. Coi#raeor ohall give Engineet! time!y nQtiee—of readiness- of the �x�zor all rid feetions, tests, or- appr-evals d d'\a11 :s eraith inspeetion and testing p of f e l;t.ate r roc ; eetions or- test B. 0 cc olmll ampley and -pay for- the sefviees of an independent tesfing labor-a4efy to per-fefm all o I.—S tt., or apnr,,., ls roc by the C r�,,,.,, �tfaet me is o pt. l�sPes�ro gmlxho 13.03 C and t 3 03 D below; 2. that OE)StS , rocifl e6tiO With tests or im-po .tions tea,, tod pu.-c --,&+ t P. ,-, rl, 13.04. z1.xxill b. paid as pfe 3 in Nmgmph 13. 4. an C. if Laws or- Regtila4ions of any publie body ha-,4ng jtffisdiefion r-equir-e any Wor-k (or- paft thereof) publie body, or zh.all woumo f or arrungifig and Obtaining stieh iii . eetions, tes-1J, or appro-m!-, pai all eests in eenneetion thefewith,-and-furms-.1i1 E Duo Imll bo ammnging and --NeairiVr4 and -,Ivll pay .,ll ee ts ; o t; .,, or' g and E ' ffia1l�!o cc e"ipfnen4 to be ifieoi-poFated in the Wor-k;, or- zaeeeptaneez-vnirirtj.Ala a, .�n11 designs, or'o pure EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 63 the Aler4. Stteh ifisneeticxio, tc tej, ar-appre als abak ?� per -formed by ,. tabiu to E. if a*y Wer4 (or the wefk of others) that is to be inspeeted, tested, or- appr-eved is eover-ed by G rA,-,,eto „t1 ou4 written eoneur-fenee r>~, gineo, G r r- or shall, if requested by E, ginee F. Uneovering ork as pravidod in Pamgmph 13.03.E shall be at Cot#r^^*^r's expense unless Contraetor- has gi on En 2er- timely fietiee of Gontraetor-'s intention to eover- the Same and Engineer has not aeted with reasonable prompt ase to sueh flotiee. A. if any Work is eovered eofi4aryto the kvr-itten request of Engi-neor, it must if requested by peEted -of tested by others,-Oentraeter, afigioeer-'s Tegoe41--3hall ww , etl}e keavazlable for- ebsefv on, impeetio ^r testing as Enginec ma;,req,,;�at poi4ioa of the WME ini slur. oz-�al., and e"ipmefit. C. it is that the unEoverea Work is defeetive, Contrae or shall pa,, all ela ms eests losses Noll~ irrb b.1, not limited to all f000 and chi-ages-ori'ahitecs,-atteffleys, and other f ss onals and all „rt o ,,fbit,-atia or other disp costs) . „t , and testin5, a:,,.d of r-eplaeemefit of wME of others); and O�A or ohall be ego an apprapr-iate deer-o-wo in the Coi#fuet Pf!iee. if the parties are unable to agree as to the amotifA thef!eof, Owfief! may make a Chaim thar-efof as pfo d in Ianagfaph 10.05. D. rr d W l d b d allowed � . rr �crrC-e�epe�rr^vrn��iv euixcrte�aercvtl�'�, E6at�6lJr Ll. .. the G,,,,t, aet Pfiee or an cjAension of the Gan4faet Times, of both, difeetly a4fibtitato o'aA iZnve�cciiir expestit�,c— bserd-c"ct��, 1NUp; etion, testing,, ieplaeemefft, and ieeefistmetion.. if the dies pro umbel o t , nmki a Claim thet:e f r as pr-ovided in lfkazur 5. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 63 •fiet fabr-ieated, installed, Ew eempleted, or-, if the Wc\ii I m- been r-ejeeted by Engineer, r-emove B. Wien eeffeeting defective «er4 tindef: the tefms o-f-thio Pwugmph 13.9��ph 13.9? Contrae or shall U-ce no .,etio,, that would void or tl,oo impair n,, ne s .,l , rt, and-gua -xtoe, if affy, an said Wofe off withM ane yeaf after- the date f Stibstantial Completion (c w,--\h langer- period of time as may hepreser-ibedbythe tons of any applioablo opoeial guatutrteeTequired by Con Deeffmews) of by a" o pnwicr�n af the Gowfaet Deetimews, de€eetive, ot! if thetepaif ofany damages to the l^ areas ✓aiailable fat! CetAr etet!'s use by Owner -or- ,.mitte by Laws and Reg l +ions in Bam to be Gottrae or diall promptly, without ee t toOwnet! and in aeeoManee with I—.r--pair sueh de fee ;ve'^„d or aloao; ar E�f�er�:rsisesse�r�sr�:�_ . �:eeess. _ .e�ss IV 'ncT rrxz, s he defeetive 3A'oFk eeFFeeted OF Fepaire e. the Fejeete ',oyc wmc iaa and Feplaeed. All elai eests, losseszand-danx-egoo od to all fees and ehafges V. orgir.,ocrn, r-eselt4ian s) arivn �r ay-�i wmaval and will be paid by Contfaetof� C. In -Poeial apFtiettkaf item of e"ipffl.xit is r)eased in eofiti be€ofo F/abzkant' , ma fFom a1}earlier- date if sepr-avidedinthe eeifie-ations. D. Wher-e defeetive Work (and damage to ethef Work roc/altin o,a an r-eplaeed , rao,. *hio 1%mgmph 13.97the eeffeetion „ a her-e„ndef: with r-espeet EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 63 E. oc'o aUli • the llamgmph. 13.97 aw in aiditio t other- ,,blig, Rio ,. w nt., The p tic Paragraph �mhall Y.,ct L�&-e�d G, a-vA,-ei „ e f .f the p v,r,ong of any plieable statute of limitation or- fvpose. A. If, inot Ial arxi replaeement of de€eeti e Work, Owner- (and, t Efigifleef,� o„datior ffilla). payment Engineer) prefers t aceept it Owner- may ,A qA r,.,,t, or shall pa;=a alaim;, oests, losses, and damages (e i,, . ,.,,t not limited to all €eec asd c�'s��es Af ei�gi mac, wohitee�, attorneys and other- professionals and all ceur-t or- afbitratton or other d ter—eselution—ce-to) attribdtaVzj to Owner-'s evalti4en of and determination to aeeopt cmok defer tive Work (sueh eeststo be appivv d by Engiileet! a v r-easonabl'-'�8-j) and fef the diminiJha7yalt e of the We E to the-exteat not et iefwise paid by CAntr e oy puymmnt ta--tbie Y, ...enee if any sueh aeeeptan ee—^vceufs pfier- toifrgii}eet!' S r-eeemmeadation-&f final pa-yi .—A, Change Order- will be isseed , ., ing the r-evisions in the Contract Documents with to the Work, and ir "..1 be entitled to aryh oa cteeepted. if the parties me unable to agree as to the amount thereof, Ownet! may make a Claim thorefef as probe) in hang ph 19.05. if the oeetifs--a€ter-sttehFeeommendrtiea, an A. if C,,,,t,..,,ter- fails iKx* � time after- tt tiee from Ef � t i iS a rZi�G�'1. .0 zn�-�crccr=wiicre�i�ivrrc� rrorrrz�rgincc� cvrrccr .; bnaph 13.96.A,f Gontraeter— fails rto perfofm the A oft 1n aeeer-lanee with the Centf Ot T—Nmi-me , or- if contfaeter- fails to eomply with aay at -her- pfevision of the Coatfaet B. in exetvising the -righ4s andBaragrapi'i 13.99, 3NNar 31.m11 peed Coatmeter- ffem all or- part of the Site, take possession of all or- paFt of the WeFk a*d Suspend Coatfaeter-'salo, aria-no-e-s-, eonstfuetion d rn-w no�, at the Site, i a iaeot:p fate in the W-Mi: all irate-vials-ai equip,.* r..nt stere3 at tho Fite or- for- whieh Ownor hao paid--Contmrteor b/at ..,.hie —A,,re elsewhere. CentraEter a'1a11 allonOwner's Tepentativa „'�3��& Owner- t o e the rights a,a edk , , �de the 1%mgr-ap4} G. All _o4airm, casts, losses, g brat nat limited toallfees -and— Jlmrgos of eagme€r-s,-a ehiteets, attemey s, and otheF pFofessional?. and, of aibitfatioN or O*'��r auAaixed by Ow-nef the fights and Feffiedies- uader—thi-z Bamgmph 13.09 will be ehargedagaixst Ceatfaeter, and a G geOr-deF will be Al ri a n a r t,..,,.t Pfieo if ,-ties �-orb-icinrcrdc�i entitled � an ap%N�'"vpriatezceE�e-aSezir cvrrcrzzccrricczr e�3irrcrcr EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 63 djuct,mm.t, provided in Namgfaph 10.05. &aah olaim2;, aests, loaaoz and damages will inelude but not be limited to all osts o rropax 0plaeefnefA of work of others destfoye or -damaged by premoval, o replacement D. e --T zliall sat bo all.,3wed an extension of the CofAfaet Times b.eea- se f any delay i the per-fofmance of the �x� attribacable t the 0 e by nvffie,. f nvffler's rights an r-emedi tmder thiz 1%mg-, aph 13.99, ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 30 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 63 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. I By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 63 of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.I and subject to interest as provided in the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 63 A. C,.,,,,-.,, tar- warrants and guarantees that title t all W3rk, matarialo, an any Applieation for- D,,.,,nenl whether- ; ,-.,tea i the Pr-ojeet o of till prow t o later- than the tifne ,.fpayment fee and clear f an Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. A. Pf-iof- to SiAstanfial Completion of all the Work, Ov,%er- may use or- eeeiipy ruLmtantiall: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 63 which Owner-, Engineer-, a -ad Gentfaeter- agree eenstittAes a separately funetioning and usable oni thole ito int inter-fer-enee with tfaEter-'s per-fefmanee of the r-emainaer- of the ub;e � following nditions- su;Jn pal of the Work = h ehOwner believes tobe ready fers4tefided DU and substaffti '�somplete if and whenCof}traeter—agmie that Flashes t of the Work is. Paragraph 14.04.A thfough D for- that part of the Work. 2.Centmeto: atiar. ;mime ,Y, notify Owner- and Engineer- ; writing that Gent..,, ter considers any sueh p—aft, of the Work ready for- its it#ended use and Substantially eomplete and request Eagineef to issue a cer-tifieate of Substantial Completion for- that part of the Work. 3. Within a r-easonable time after- either- stieh > > and Engineer- shall make ffi inspeetion of that part of the Work to detefmine its sta�us ef eempletien. if En i 9vffiei- and C—entr-aeter- in vffiting giving he reasons ther-ef �; tit "a of the Wofk to bes4stat#'complete, the N 44kaf g ph 1 appJi;—Aith r-espeet to eer-tifieation of Substantial Gempletion of that paFt of the Work and the division e responsibility in wTost ther-eof and aeeess thereto-. 4. '�erc%N-u.,angy r sepafate oper-4ien ef paft ef the orli eomplianse with the requia���nt&-o�gmph 5.10 regarding ing „ „e imaumnac- A. Upon "aen netiee ffem Gentraeter that —the —entlfe Wefk or an Weed efts ,,, thereof ; eemplete, Engineer- will pr-emptly make a final inspeetion with Owner- and Centfaeter- and will notify Gentfaeter- in f all purtiularo in -��hioh thi& inopaefien r- oalo tint the-Wr msemplete-or-defeetive. QmAraeter a'sa11 irzxmdiately take suesueh measufoi ao am noeessat=y to eomploto us . 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.6; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 63 b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 63 Contractor to Engineer 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 Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 63 full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds 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) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor 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 no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 63 3. 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) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor 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 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.13 shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 63 elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS A. Whenevor any provision of the Contmet r,,,,,,,ments requiroa thegiving of written notiee, it will be deemed to hewe been validly g ; f- r�:r�Errr_s��: me A: A The dt4ies and oblig t;oif irnpased by those !'!enef.,l /''.,,.,bons and the rights .,n r-emedieFi ;l.,b a 1,e -et n aef to tho pait�I ker-ete-«addition to, andZi-r-e not to be sefistfl d ir. arr,, way x a li,.v�,it-atien of-, a+iy -rights a*d fe edies available to -any or -L of the „hie otherwise imposed or- 'ailkhio by , or- by ether pr-evisi ns of the C-errtraetDoe ef4s. The „ ef-dhio BaragrII v.,ill be x effeetive & parsty , r > byor- given , in aeee ee with the -EentraetDeettments, as we l w all eontinuing r ntr-actBeetiffiefitS, ill va:-JiTJ. fr-na1 payment, eempletien,-and aeeeptafiee of the «per tei:fflination Of eefffplefioli of the colitfaet of orm:�iisatian of the sefviees ofCent,-, ete 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 63 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 63 SUPPLEMENTARY CONDITIONS Page 1 of 10 SUPPLEMENTARY CONDITIONS Supplementary Conditions These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC C-700 (2007 Edition). All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. SC1.01 DEFINED TERMS The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract, EJCDC C-700 (2007 Edition) have the meanings assigned to them in the General Conditions and the Standard City Conditions of the Construction Contract for Developer Awarded Project Amend the following definitions of 1.01 to read as follows: Contract — Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Contract Documents - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Contract Times — is defined as a calendar day including weekends and holidays. Engineer - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. General Requirements - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Milestone - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Owner — as known as the developer in the Standard City Condition of the Construction Contract for Developer Awarded Project. Site - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. SANDER OS PHASE 1 CITYPROJECTNO 104630 SUPPLEMENTARY CONDITIONS Page 2 of 10 Specifications - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Work - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. SC1.02 TERMINOLOGY Delete Paragraph 1.02.D in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 1.02.B. Delete Paragraph 1.02.E in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 1.02.C. SC2.02 COPIES OF DOCUMENTS Amend the first sentence of Paragraph 2.02 to read as follows: "Owner shall furnish to Contractor up to three printed or hard copies of the Drawings and Project Manual." SC2.03 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED Delete Paragraph 2.03.A. of the General Conditions in its entirety and insert the following in its place: "Commencement of Contract Time shall begin on the date indicated during the pre - construction meeting with the City. The date indicated during the pre -construction meeting will be determined by the Owner, City and Contractor and as indicated in the Notice to Proceed." SC2.05 BEFORE STARTING CONSTRUCTION Delete Paragraph 2.05 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 2.01. SC2.06 PRECONSTRUCTION CONFERENCE; DESIGNATION OF AUTHORIZED REPRESENTATIVE Delete Paragraph 2.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 2.02. SC3.01 INTENT Add the following language after the second sentence of Paragraph 3.01.B of the General Conditions: SANDER OS PHASE 1 CITYPROJECTNO 104630 SUPPLEMENTARY CONDITIONS Page 3 of 10 "In the event there are any conflicts between the plans, the specifications or other Contract Documents the priority of interpretation will be as follows: Signed Contract Agreement, CONTRACTOR'S Proposal, Project Drawings or Plans, Standard City Conditions of the Construction Contract for Developer Awarded Projects, Supplementary Conditions, General Conditions, Project Specifications, Referenced Specifications." SC3.02 REFERENCE STANDARDS Delete Paragraph 3.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 3.01. SC3.04 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS Delete Paragraph 3.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 3.02. SC4.02 SUBSURFACE AND PHYSICAL CONDITION Add the following new paragraphs immediately after Paragraph 4.02.B: C. The following reports of explorations and tests of subsurface conditions at or contiguous to the Site are known to Owner: 1. Report dated July 2018, prepared by Alpha Testing entitled: "Geotechnical Exploration — SANDEROS - Final ... ALPHA Report No. W221327". a. All of the information in such drawings constitutes "technical data" on which Contractor may rely. D. The reports and drawings identified above are not part of the Contract Documents, but the "technical data" contained therein upon which Contractor may rely, as expressly identified and established above, are incorporated in the Contract Documents by reference. Contractor is not entitled to rely upon any other information and data known to or identified by Owner or Engineer. SC4.04 UNDERGROUND FACILITIES Add the following language to the beginning of Paragraph 4.04.B of the General Conditions: "Contractor shall contact the city water & sewer and public works departments and utility companies which have a franchise to operate in the area of the project site and shall determine the location of their facilities at or contiguous to the site and shall protect same from damage during construction." SC4.06 HAZARDOUS ENVIRONMENTAL CONDITIONS Delete Paragraphs 4.06.A and 4.063 in their entirety and insert the following: SANDER OS PHASE 1 CITYPROJECTNO 104630 SUPPLEMENTARY CONDITIONS Page 4 of 10 A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. SC5.01 PERFROMANCE, PAYMENT AND OTHER BONDS Delete Paragraph 5.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 4.02. SC5.02 LICENSED SURETIES AND INSURERS Delete Paragraph 5.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 4.01. SC5.03 CERTIFICATES OF INSURANCE Delete Paragraph 5.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 4.03. SC5.04 CONTRACTOR'S INSURANCE Add the following language at the end of the Paragraph 5.04.B.6.b: "Contractor shall include the Engineer and their designee as additional insured." SC5.06 PROPERTY INSURANCE Delete Paragraph 5.06 in its entirety. SC5.09 ACCEPTANCE OF BONDS AND INSURANCE; OPTION TO REPLACE Delete Paragraph 5.09 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 4.05. SC6.01 SUPERVISION AND SUPERINTENDENCE Delete Paragraph 6.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.01. SC6.02 LABOR; WORKING HOURS Delete Paragraph 6.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.02. SANDER OS PHASE 1 CITYPROJECTNO 104630 SUPPLEMENTARY CONDITIONS Page 5 of 10 SC6.03 SERVICES, MATERIALS AND EQUIPMENT Delete Paragraph 6.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.03. SC6.04 PROGRESS SCHEDULE Delete Paragraph 6.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.04. SC6.05 SUBSTITUTES AND "OR -EQUALS" Delete Paragraph 6.05 its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.05. SC6.06 CONCERNING SUBCONTRACTORS AND SUPPLIERS Delete Paragraph 6.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.07 and insert the following: "Owner may furnish to any such Subcontractor, Supplier or other person or organization, to the extent practicable, evidence of amounts paid to Contractor in accordance with Contractor's application for payment." SC6.07 PATENT FEES AND ROYALTIES Delete Paragraph 6.07 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.09. SC6.09 LAWS AND REGULATIONS Delete Paragraph 6.09 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.10. SC6.11 USE OF SITE AND OTHER AREAS Delete Paragraph 6.11 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.11. SC6.12 RECORD DOCUMENTS Delete Paragraph 6.12 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.12. SC6.13 SAFETY AND PROTECTION Delete Paragraph 6.13 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.13. SANDER OS PHASE 1 CITYPROJECTNO 104630 SUPPLEMENTARY CONDITIONS Page 6 of 10 SC6.14 SAFETY REPRESENTATIVE Delete Paragraph 6.14 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.14. SC6.15 HAZARD COMMUNICATION PROGRAMS Delete Paragraph 6.15 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.15. SC6.17 SHOP DRAWINGS AND SAMPLES Delete Paragraph 6.17 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.16. SC6.19 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE Delete Paragraph 6.19 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.17. SC6.20 INDEMNIFICATION Delete Paragraph 6.20 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.18 and insert the following: CONTRACTOR ASSUMES ENTIRE RESPONSIBILITY AND LIABILITY FOR, AND AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD OWNER, OWNER'S AGENTS, EMPLOYEES, REPRESENTATIVES AND INSURERS HARMLESS FROM, ANY AND ALL LIABILITIES, CLAIMS, COSTS, EXPENSES, JUDGMENTS, ATTORNEYS' FEES, LITIGATION EXPENSES, CAUSES OF ACTION, DEMANDS, LOSSES AND/OR DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY INCIDENTAL TO THE PERFORMANCE OF WORK OR SERVICES UNDER THIS CONTRACT BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, AGENTS, REPRESENTATIVES AND INDEPENDENT CONTRACTORS. THIS PROVISION APPLIES WITH FULL FORCE AND EFFECT FOR ANY AND ALL CLAIMS, DEMANDS, ALLEGATIONS OR ACTIONS FOUNDED IN WHOLE OR IN PART FROM THE NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACTS, OR ALLEGED NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL ACTS, OF OWNER, OWNER'S AGENTS, EMPLOYEES, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS, AS WELL AS CONTRACTOR, CONTRACTOR'S AGENTS, EMPLOYEES, REPRESENTATIVES AND INDEPENDENT CONTRACTORS. THIS INDEMNITY PROVISION IS TO BE CONSTRUED AS BROADLY AS POSSIBLE TO INCLUDE ANY AND ALL LIABILITIES, CLAIMS, COSTS, EXPENSES, JUDGMENTS, CAUSES OF ACTIONS, DEMENDS, LOSSES, AND/OR WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, CAUSES OR ACTION AND DAMAGES SOUNDING IN TORT, PERSONAL INJURIES, SANDER OS PHASE 1 CITYPROJECTNO 104630 SUPPLEMENTARY CONDITIONS Page 7 of 10 CONTRACT DAMAGES, ECONOMIC DAMAGES, STRICT LIABILITY, STRICT PRODUCTS LIABILITY AND PRODUCTS LIABILITY, COMMON LAW NEGLIGENCE AND GROSS NEGLIGENCE, INTENTIONAL TORTS, FEDERAL AND STATE STATUTORY AND COMMON LAW PUNITIVE AND/OR MULTIPLIED DAMAGES, WORKERS' COMPENSATION CLAIMS, CLAIMS UNDER THE TEXAS TORT CLAIMS ACT, EMPLOYMENT DISPUTES, WRONGFUL DISCHARGE, FEDERAL AND STATE CIVIL RIGHTS CLIAMS, CLAIMS FOUNDED IN CONTRACT OR QUASI - CONTRACT, BREACH OF WARRANTY, CLAIMS UNDER THE TEXAS DECEPTIVE TRADE PRACTICES-COMSUMER PROTECTION ACT, AND ANY AND ALL CLAIMS, CAUSES OF ACTION OR DEMANDS, WHEREBY ANY LOSS IS SOUGHT AND/OR INCURRED AND/OR PAYABLE BY OWNER, OWNER'S AGENTS, EMPLOYEES, REPRESENTATIVES, AND/OR INSURERS. THIS PROVISION IS TO BE CONSTRUED UNDER THE LAWS OF THE STATE OF TEXAS, AND IT IS EXPRESSLY RECOGNIZED BY ALL PARTIES TO THE CONSPICUOUSNESS REQUIREMENT AND THE EXPRESS NEGLIGENCE TEST, AND IS VALID AND ENFORCEABLE AGAINST CONTRACTOR, CONTRACTOR'S AGENTS, EMPLOYEES, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS. CONTRACTOR HAS READ, FULLY UNDERSTANDS, AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS PROVISION AND THE INDIVIDUAL SIGNING THIS CONTRACT ON BEHALF OF CONTRACTOR HAS FULL AUTHORITY TO BIND CONTRACTOR TO THIS CONTRACT AND THIS INDEMNITY PROVISION CONTAINED HEREIN. IT IS FURHTER RECOGNIZED AND AGREED THAT, SHOULD ANY PARTICULAR PORTION OR PROVISION OF THIS INDEMNITY PROVISION BE HELD INVALID, VOID AND/OR UNENFORCEABLE, IT SHALL NOT EFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINDER OF THIS PROVISION. CONTRACTOR AGREES TO MAINTAIN AT CONTRACTOR'S SOLE COST AND EXPENSE, INSURANCE OF ANY AND ALL TYPE AND WITH MINIMUM LIMITS AS FOLLOWS, AND FURNISH CERTIFICATES TO OWNER EVIDENCING SUCH INSURANCE WITH INSURERS ACCEPTABLE TO OWNER: ALL INSURANCE COVERAGES CARRIED BY THE OWNER, WHETHER OR NOT REQUIRED HEREBY, SHALL EXTEND TO AN PROTECT OWNER, OWNER'S AGENTS, EMPLOYEES, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS, TO THE FULL EXTENT OF SUCH COVERAGES AND CONTRACTOR AGREES TO NAME OWNER AS AN ADDITIONAL INSURED UNDER EACH SUCH INSURANCE COVERAGE. SAID INSURANCE SHALL APPLY TO ANY AND ALL LIABILITY OF THE CONTRACTOR, CONTRACTOR'S AGENTS, REPRESENTATIVES, EMPLOYEES, AND/OR INDEPENDENT CONTRACTORS, ARISING FROM THE INDEMNITY PROVISION IN THIS SECTION. SANDER OS PHASE 1 CITYPROJECTNO 104630 SUPPLEMENTARY CONDITIONS Page 8 of 10 HOWEVER, LIABILITY OF THE CONTRACTOR, AS PROVIDED IN THIS SECTION SHALL NOT BE LIMITED BY THE INSURANCE COVERAGE REQUIRED OF CONTRACTOR IN THIS PROVISION. SC6.21 DELEGATION OF PROFESSIONAL DESIGN SERVICES Delete Paragraph 6.21 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.19. SC9.05 REJECTING DEFECTIVE WORK Delete Paragraph 9.05 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 8.03. SC10.04 NOTIFICATION TO SURETY Delete Paragraph 10.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 9.02. SC11.03 UNIT PRICE WORK Add the following new paragraph immediately after Paragraph 11.03.A: "Any and all Work specifically called for in the Contract Documents or which is required for the proper construction of items called for in the Contract Documents is to be performed by Contractor unless specifically indicated otherwise. The cost of all work for which there is no separate pay item in the proposal shall be included in the price for a related pay item such that work called for or required by the Contract Documents will be constructed for the Contract Price." SC13.01 NOTICE OF DEFECTS Delete Paragraph 13.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.01. SC13.02 ACCESS TO WORK Delete Paragraph 13.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.02. SC13.03 TESTS AND INSPECTION Delete Paragraph 13.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.03. SANDER OS PHASE 1 CITYPROJECTNO 104630 SUPPLEMENTARY CONDITIONS Page 9 of 10 SC13.04 UNCOVERING WORK Delete Paragraph 13.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.04. SC13.06 CORRECTION OR REMOVAL OF DEFECTIVE WORK Delete Paragraph 13.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.06. SC13.07 CORRECTION PERIOD Delete Paragraph 13.07 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.07. SC13.08 ACCEPTANCE OF DEFECTIVE WORK Delete Paragraph 13.08 in its entirety. SC13.09 OWNER MAY CORRECT DEFECTIVE WORK Delete Paragraph 13.09 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.08. SC14.02 PROGRESS PAYMENT Revise the first sentence of Paragraph 14.02.A.1 to read as follows: "At least thirty (30) days before each progress payment,...." SC14.03 CONTRACTOR'S WARRANTY OF TITLE Delete Paragraph 14.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 12.01. SC14.05 PARTIAL UTILIZATION Delete Paragraph 14.05 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 12.02. SC14.06 FINAL INSPECTION Delete Paragraph 14.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 12.03. SANDER OS PHASE 1 CITYPROJECTNO 104630 SUPPLEMENTARY CONDITIONS Page 10 of 10 SC17.01 GIVING NOTICE Delete Paragraph 17.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.01. SC17.02 COMPUTATION OF TIMES Delete Paragraph 17.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.02. SC17.03 CUMULATIVE REMEDIES Delete Paragraph 17.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.03. SC17.04 SURVIVAL OF OBLIGATIONS Delete Paragraph 17.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.04 SC17.06 HEADINGS Delete Paragraph 17.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.06. SANDER OS PHASE 1 CITYPROJECTNO 104630 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Article 1 — Definitions and Terminology.......... 1.01 Defined Terms ............................... 1.02 Terminology .................................. Article 2 — Preliminary Matters ....................... 2.01 Before Starting Construction...... 2.02 Preconstruction Conference........ 2.03 Public Meeting ............................ Page .............................................1 .............................................1 ............................................. 5 ....................................................... 6 ....................................................... 6 ....................................................... 6 ....................................................... 6 Article 3 — Contract Documents and Amending............................................................................................... 6 3.01 Reference Standards..................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents.................................................................. 6 Article 4 — Bonds and Insurance....................................................................................................................... 7 4.01 Licensed Sureties and Insurers..................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds........................................................................ 7 4.03 Certificates of Insurance............................................................................................................... 7 4.04 Contractor's Insurance.................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................12 Article 5 — Contractor's Responsibilities........................................................................................................12 5.01 Supervision and Superintendent.................................................................................................12 5.02 Labor; Working Hours................................................................................................................13 5.03 Services, Materials, and Equipment...........................................................................................13 5.04 Project Schedule..........................................................................................................................14 5.05 Substitutes and "Or-Equals".......................................................................................................14 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors).....................................16 5.07 Concerning Subcontractors, Suppliers, and Others...................................................................16 5.08 Wage Rates..................................................................................................................................18 5.09 Patent Fees and Royalties...........................................................................................................19 5.10 Laws and Regulations.................................................................................................................19 5.11 Use of Site and Other Areas.......................................................................................................19 5.12 Record Documents......................................................................................................................20 5.13 Safety and Protection.................................................................................................................. 21 5.14 Safety Representative.................................................................................................................21 5.15 Hazard Communication Programs.............................................................................................22 5.16 Submittals....................................................................................................................................22 5.17 Contractor's General Warranty and Guarantee..........................................................................23 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ............................................ 5.19 Delegation of Professional Design Services 5.20 Right to Audit: ............................................. 5.21 Nondiscrimination ........................................ Article 6 - Other Work at the Site....... 6.01 Related Work at Site ....... Article 7 - City's Responsibilities ............................................ 7.01 Inspections, Tests, and Approvals ....................... 7.02 Limitations on City's Responsibilities ................ 7.03 Compliance with Safety Program ........................ Article 8 - City's Observation Status During Construction....... 8.01 City's Project Representative ................................. 8.02 Authorized Variations in Work .............................. 8.03 Rejecting Defective Work ...................................... 8.04 Determinations for Work Performed ...................... Article 9 - Changes in the Work ...................... 9.01 Authorized Changes in the Work 9.02 Notification to Surety ................... Article 10 - Change of Contract Price; Change of Contract Time 10.01 Change of Contract Price ........................................... 10.02 Change of Contract Time ........................................... 10.03 Delays......................................................................... Article 11 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ............ 11.01 Notice of Defects.............................................................................................................. 11.02 Access to Work................................................................................................................. 11.03 Tests and Inspections........................................................................................................ 11.04 Uncovering Work............................................................................................................. 11.05 City May Stop the Work................................................................................................... 11.06 Correction or Removal of Defective Work...................................................................... 11.07 Correction Period.............................................................................................................. 11.08 City May Correct Defective Work................................................................................... Article 12 - Completion ........................................... 12.01 Contractor's Warranty of Title ............ 12.02 Partial Utilization ................................. 12.03 Final Inspection .................................... 12.04 Final Acceptance .................................. Article 13 - Suspension of Work ..................................... 13.01 City May Suspend Work ............................. Article 14 - Miscellaneous ......................................... 14.01 Giving Notice ......................................... CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 24 24 25 25 26 26 26 26 26 27 a a ... 29 ... 29 ... 29 ... 29 ... 30 ... 30 ... 30 ... 30 ... 31 ................................. 32 ................................. 32 ................................. 32 ................................. 32 ................................. 33 ............................................................. 33 ............................................................. 33 34 34 14.02 Computation of Times................................................................................................................ 34 14.03 Cumulative Remedies................................................................................................................. 34 14.04 Survival of Obligations...............................................................................................................35 14.05 Headings......................................................................................................................................35 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw — City's on-line, electronic document management and collaboration system. 5. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home -rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract —The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents —Those items that make up the contract and which must include the Agreement, and it's attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non -Resident Bidder iii. Prequalification Statement C. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions 1. Supplementary Conditions in. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents o. Drawings P. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor —The individual or entity with whom Developer has entered into the Agreement. 11. Day or day —A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer — An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance — The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 16. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements —A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non -Participating Change Order —A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order —A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans — See definition of Drawings. 24. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 25. Project —The Work to be performed under the Contract Documents. 26. Project Representative —The authorized representative of the City who will be assigned to the Site. 27. Public Meeting — An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours — Hours beginning at 7: 00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 30. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site —Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions — That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of apart of the Work at the Site. 35. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions —That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours — Hours beginning at 9: 00 a. in. and ending at 5: 00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 41. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non -Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p. m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. C. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 ARTICLE 2 — PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non - Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 — CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non -Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City's written interpretation or clarification. ARTICLE 4 — BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 1. The certificate of insurance shall document the City, an as "Additional Insured" on all liability policies. 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either parry or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 4.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor's Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 1) $1, 000, 000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: a. General Aggregate: b. Each Occurrence: : Enter limits provided by Railroad Company (If none, write none) Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of - CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at -grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company's right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 — CONTRACTOR'S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre -qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 ❑ Required for this Contract. (Check this box if there is any City Participation) ❑ Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates ❑ Required for this Contract. ❑ Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 1 Ith day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For -Information -Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.13. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 ARTICLE 6 — OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. ARTICLE 7 — CITY'S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 7.03 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 — CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 ARTICLE 11— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. Developer/Contractor. City will forward all invoices for retests to 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor's obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 11.09. ARTICLE 12 — COMPLETION 12.01 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 — SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 — MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given i£ 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 02 4113 SELECTIVE SITE DEMOLITION 024113-1 SELECTIVE SITE DEMOLITION Page 1 of 5 5 A. Section Includes: 6 1. Removing sidewalks and steps 7 2. Removing ADA ramps and landings 8 3. Removing driveways 9 4. Removing fences 10 5. Removing guardrail 11 6. Removing retaining walls (less than 4 feet tall) 12 7. Removing mailboxes 13 8. Removing rip rap 14 9. Removing miscellaneous concrete structures including porches and foundations 15 10. Disposal of removed materials 16 11. Removing signage/road barricades 17 B. Deviations this from City of Fort Worth Standard Specification 18 1. Modified to include removal of signage and road barricades 19 C. Related Specification Sections include, but are not necessarily limited to: 20 1. Division 0 — Bidding Requirements, Contract Forms, and Conditions of the 21 Contract 22 2. Division 1 — General Requirements 23 3. Section 3123 23 — Borrow 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 1. Measurement 27 a. Remove Sidewalk: Measure by square foot. 28 b. Remove Steps: measure by the square foot as seen in the plan view only. 29 c. Remove ADA Ramp: measure by each. 30 d. Remove Driveway: measure by the square foot by type. 31 e. Remove Fence: measure by the linear foot. 32 f. Remove Guardrail: measure by the linear foot along the face of the rail in place 33 including metal beam guard fence transitions and single guard rail terminal 34 sections from the center of end posts. 35 g. Remove Retaining Wall (less than 4 feet tall): measure by the linear foot 36 h. Remove Mailbox: measure by each. 37 i. Remove Rip Rap: measure by the square foot. 38 j. Remove Miscellaneous Concrete Structure: measure by the lump sum. 39 k. Remove Signage/Barricade: measure by each. 40 2. Payment CITY OF FORT WORTH SANDEROS, PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 105416 Revised December 20, 2012 0241 13 - 2 SELECTIVE SITE DEMOLITION Page 2 of 5 1 a. Remove Sidewalk: full compensation for saw cutting, removal, hauling, 2 disposal, tools, equipment, labor and incidentals needed to execute work. 3 Sidewalk adjacent to or attached to retaining wall (including sidewalk that acts 4 as a wall footing) shall be paid as sidewalk removal. For utility projects, this 5 Item shall be considered subsidiary to the trench and no other compensation 6 will be allowed. 7 b. Remove Steps: full compensation for saw cutting, removal, hauling, disposal, 8 tools, equipment, labor and incidentals needed to execute work. For utility 9 projects, this Item shall be considered subsidiary to the trench and no other 10 compensation will be allowed. 11 c. Remove ADA Ramp and landing: full compensation for saw cutting, removal, 12 hauling, disposal, tools, equipment, labor and incidentals needed to execute 13 work. Work includes ramp landing removal. For utility projects, this Item shall 14 be considered subsidiary to the trench and no other compensation will be 15 allowed. 16 d. Remove Driveway: full compensation for saw cutting, removal, hauling, 17 disposal, tools, equipment, labor and incidentals needed to remove improved 18 driveway by type. For utility projects, this Item shall be considered subsidiary 19 to the trench and no other compensation will be allowed. 20 e. Remove Fence: full compensation for removal, hauling, disposal, tools, 21 equipment, labor and incidentals needed to remove fence. For utility projects, 22 this Item shall be considered subsidiary to the trench and no other 23 compensation will be allowed. 24 f. Remove Guardrail: full compensation for removing materials, loading, hauling, 25 unloading, and storing or disposal; furnishing backfill material; backfilling the 26 postholes; and equipment, labor, tools, and incidentals. For utility projects, this 27 Item shall be considered subsidiary to the trench and no other compensation 28 will be allowed. 29 g. Remove Retaining Wall (less than 4 feet tall): full compensation for saw 30 cutting, removal, hauling, disposal, tools, equipment, labor and incidentals 31 needed to execute work. Sidewalk adjacent to or attached to retaining wall 32 (including sidewalk that acts as a wall footing) shall be paid as sidewalk 33 removal. For utility projects, this Item shall be considered subsidiary to the 34 trench and no other compensation will be allowed. 35 h. Remove Mailbox: full compensation for removal, hauling, disposal, tools, 36 equipment, labor and incidentals needed to execute work. For utility projects, 37 this Item shall be considered subsidiary to the trench and no other 38 compensation will be allowed. 39 i. Remove Rip Rap: full compensation for saw cutting, removal, hauling, 40 disposal, tools, equipment, labor and incidentals needed to execute work. For 41 utility projects, this Item shall be considered subsidiary to the trench and no 42 other compensation will be allowed. 43 j. Remove Miscellaneous Concrete Structure: full compensation for saw cutting, 44 removal, hauling, disposal, tools, equipment, labor and incidentals needed to 45 execute work. For utility projects, this Item shall be considered subsidiary to 46 the trench and no other compensation will be allowed. 47 k. Remove Signage/Barricade: full compensation for removal, hauling, disposal, 48 tools, equipment, labor and incidentals needed to remove signage and/or road 49 barricade. For utility projects, this Item shall be considered subsidiary to the 50 trench and no other compensation will be allowed. CITY OF FORT WORTH SANDEROS, PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 105416 Revised December 20, 2012 0241 13 - 3 SELECTIVE SITE DEMOLITION Page 3 of 5 1 1.3 REFERENCES 2 A. Definitions 3 1. Improved Driveway: Driveway constructed of concrete, asphalt paving or brick unit 4 pavers. 5 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 6 1.5 SUBMITTALS [NOT USED] 7 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 8 1.7 CLOSEOUT SUBMITTALS [NOT USED] 9 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 10 1.9 QUALITY ASSURANCE [NOT USED] 1 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 12 1.11 FIELD [SITE] CONDITIONS [NOT USED] 13 1.12 WARRANTY [NOT USED] 14 PART 2 - PRODUCTS 15 2.1 OWNER -FURNISHED PRODUCTS [NOT USED] 16 2.2 MATERIALS 17 A. Fill Material: See Section 3123 23. 18 2.3 ACCESSORIES [NOT USED] 19 2.4 SOURCE QUALITY CONTROL [NOT USED] 20 PART 3 - EXECUTION 21 3.1 INSTALLERS [NOT USED] 22 3.2 EXAMINATION [NOT USED] 23 3.3 PREPARATION [NOT USED] 24 3.4 REMOVAL 25 A. Remove Sidewalk 26 1. Remove sidewalk to nearest existing dummy, expansion or construction joint. 27 2. Sawcut when removing to nearest joint is not practical. See 3A.K. 28 B. Remove Steps 29 1. Remove step to nearest existing dummy, expansion or construction joint. 30 2. Sawcut when removing to nearest joint is not practical. See 3A.K. 31 C. Remove ADA Ramp 32 1. Sawcut existing curb and gutter and pavement prior to wheel chair ramp removal. 33 See 3.4.K. 34 2. Remove ramp to nearest existing dummy, expansion or construction joint on 35 existing sidewalk. CITY OF FORT WORTH SANDEROS, PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 105416 Revised December 20, 2012 0241 13 - 4 SELECTIVE SITE DEMOLITION Page 4 of 5 1 D. Remove Driveway 2 1. Sawcut existing drive, curb and gutter and pavement prior to drive removal. See 3 3.4.K. 4 2. Remove drive to nearest existing dummy, expansion or construction joint. 5 3. Sawcut when removing to nearest joint is not practical. See 3.4.K. 6 4. Remove adjacent sidewalk to nearest existing dummy, expansion or construction 7 joint on existing sidewalk. 8 E. Remove Fence 9 1. Remove all fence components above and below ground and backfill with acceptable 10 fill material. 11 2. Use caution in removing and salvaging fence materials. 12 3. Salvaged materials may be used to reconstruct fence as approved by City or as 13 shown on Drawings. 14 4. Contractor responsible for keeping animals (livestock, pets, etc.) within the fenced 15 areas during construction operation and while removing fences. 16 F. Remove Guardrail 17 1. Remove rail elements in original lengths. 18 2. Remove fittings from the posts and the metal rail and then pull the posts. 19 3. Do not mar or damage salvageable materials during removal. 20 4. Completely remove posts and any concrete surrounding the posts. 21 5. Furnish backfill material and backfill the hole with material equal in composition 22 and density to the surrounding soil unless otherwise directed. 23 6. Cut off or bend down eyebolts anchored to the dead man to an elevation at least I - 24 foot below the new subgrade elevation and leave in place along with the dead man. 25 G. Remove Retaining Wall (less than 4 feet tall) 26 1. Remove wall to nearest existing joint. 27 2. Sawcut when removing to nearest joint is not practical. See 3.4.K. 28 3. Removal includes all components of the retaining wall including footings. 29 4. Sidewalk adjacent to or attached to retaining wall: See 3.4.A 30 H. Remove Mailbox 31 1. Salvage existing materials for reuse. Mailbox materials may need to be used for 32 reconstruction. 33 I. Remove Rip Rap 34 1. Remove rip rap to nearest existing dummy, expansion or construction joint. 35 2. Sawcut when removing to nearest joint is not practical. See 3.4.K. 36 J. Remove Miscellaneous Concrete Structure 37 1. Remove portions of miscellaneous concrete structures including foundations and 38 slabs that do not interfere with proposed construction to 2 feet below the finished 39 ground line. 40 2. Cut reinforcement close to the portion of the concrete to remain in place. CITY OF FORT WORTH SANDEROS, PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 105416 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0241 13 - 5 SELECTIVE SITE DEMOLITION Page 5 of 5 3. Break or perforate the bottom of structures to remain to prevent the entrapment of water. K. Sawcut 1. Sawing Equipment a. Power -driven b. Manufactured for the purpose of sawing pavement c. In good operating condition d. Shall not spall or fracture the pavement to the removal area 2. Sawcut perpendicular to the surface completely through existing pavement. L. Remove Signage/Barricade 1. Salvage existing materials for reuse. Materials may need to be used for reconstruction. 3.5 REPAIR [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.2.A.2. Modified Payment - Items will be subsidiary to trench on utility projects 1/3/2014 J. Bengfort Modified to include removal of signage and road barricades CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANDEROS, PHASE 2 CITYPROJECT NO. 105416 333960-1 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 1 of 6 1 SECTION 33 39 60 2 EPDXY LINERS FOR SANITARY SEWER STRUCTURES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Application of a high -build epoxy coating system to concrete utility structures such 7 as manholes, lift station wet wells, junction boxes or other concrete facilities that 8 may need protection from corrosive materials 9 B. Deviations from this City of Fort Worth Standard Specification 10 1. Replaced coating properties in Section 2.2 (B) with manufacturer and product 11 number specified by City of Fort Worth Water Department 12 C. Related Specification Sections include but are not necessarily limited to: 13 1. Division 0 — Bidding Requirements, Contract Forms, and Conditions of the 14 Contract 15 2. Division 1 — General Requirements 16 3. Section 33 0130 — Sewer and Manhole Testing 17 1.2 PRICE AND PAYMENT PROCEDURES 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 A. Measurement and Payment 1. Manholes a. Measurement 1) Measurement for this Item shall be per vertical foot of coating as measured from the bottom of the frame to the top of the bench. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid per vertical foot of "Epoxy Manhole Liner" applied. c. The price bid shall include: 1) Furnishing and installing Liner as specified by the Drawings 2) Hauling 3) Disposal of excess material 4) Clean-up 5) Cleaning 6) Testing 2. Non -Manhole Structures a. Measurement 1) Measurement for this Item shall be per square foot of area where the coating is applied. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the unit price bid per square foot of "Epoxy Structure Liner" applied. c. The price bid shall include: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANDEROS PHASE 2 City Project No. 105416 333960-2 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 2 of 6 1 1) Furnishing and installing Liner as specified by the Drawings 2 2) Hauling 3 3) Disposal of excess material 4 4) Clean-up 5 5) Cleaning 6 6) Testing 7 1.3 REFERENCES 8 A. Reference Standards 9 1. Reference standards cited in this Specification refer to the current reference 10 standard published at the time of the latest revision date logged at the end of this 11 Specification, unless a date is specifically cited. 12 2. ASTM International (ASTM): 13 a. D543, Standard Practices for Evaluating the Resistance of Plastics to Chemical 14 Reagents. 15 b. D638, Standard Test Method for Tensile Properties of Plastics. 16 c. D695, Standard Test Method for Compressive Properties of Rigid Plastics. 17 d. D790, Standard Test Methods for Flexural Properties of Unreinforced and 18 Reinforced Plastics and Electrical Insulating Materials. 19 e. D4060, Standard Test Method for Abrasion Resistance of Organic Coatings by 20 the Taber Abraser. 21 f. D4414, Standard Practice for Measurement of Wet Film Thickness by Notch 22 Gages. 23 g. D4541, Standard Test Method for Pull -off Strength of Coatings Using Portable 24 Adhesion Testers. 25 3. Environmental Protection Agency (EPA). 26 4. NACE International (MACE). 27 5. Occupational Safety and Health Administration (OSHA). 28 6. Resource Conservation and Recovery Act, (RCRA). 29 7. The Society for Protective Coatings/NACE International (SSPC/NACE): 30 a. sp 13/NACE No. 6, Surface Preparation of Concrete. 31 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 32 1.5 SUBMITTALS 33 A. Submittals shall be in accordance with Section 0133 00. 34 B. All submittals shall be approved by the City prior to delivery. 35 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 36 A. Product Data 37 1. Technical data sheet on each product used 38 2. Material Safety Data Sheet (MSDS) for each product used 39 3. Copies of independent testing performed on the coating product indicating the 40 product meets the requirements as specified herein 41 4. Technical data sheet and project specific data for repair materials to be topcoated 42 with the coating product including application, cure time and surface preparation 43 procedures CITY OF FORT WORTH SANDEROS PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105416 Revised December 20, 2012 333960-3 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 3 of 6 1 B. Contractor Data 2 1. Current documentation from coating product manufacturer certifying Contractor's 3 training and equipment complies with the Quality Assurance requirements specified 4 herein 5 2. 5 recent references of Contractor indicating successful application of coating 6 product(s) of the same material type as specified herein, applied by spray 7 application within the municipal wastewater environment 8 1.7 CLOSEOUT SUBMITTALS [NOT USED] 9 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 10 1.9 QUALITY ASSURANCE 11 A. Qualifications 12 1. Contractor 13 a. Be trained by, or have training approved and certified by, the coating product 14 manufacturer for the handling, mixing, application and inspection of the coating 15 product(s) to be used as specified herein 16 b. Initiate and enforce quality control procedures consistent with the coating 17 product(s) manufacturer recommendations and applicable NACE or SSPC 18 standards as referenced herein 19 1.10 DELIVERY, STORAGE, AND HANDLING 20 A. Keep materials dry, protected from weather and stored under cover. 21 B. Store coating materials between 50 degrees F and 90 degrees F. 22 C. Do not store near flame, heat or strong oxidants. 23 D. Handle coating materials according to their material safety data sheets. 24 1.11 FIELD [SITE] CONDITIONS 25 A. Provide confined space entry, flow diversion and/or bypass plans as necessary to 26 perform the specified work. 27 1.12 WARRANTY 28 A. Contractor Warranty 29 1. Contractor's Warranty shall be in accordance with Division 0. 30 PART 2 - PRODUCTS 31 2.1 OWNER -FURNISHED [ox] OWNER -SUPPLIED PRODUCTS [NOT USED] 32 2.2 EQUIPMENT, PRODUCT TYPES, MATERIALS 33 A. Repair and Resurfacing Products 34 1. Compatible with the specified coating product(s) in order to bond effectively, thus 35 forming a composite system 36 2. Used and applied in accordance with the manufacturer's recommendations 37 3. The repair and resurfacing products must meet the following: CITY OF FORT WORTH SANDEROS PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105416 Revised December 20, 2012 333960-4 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 4 of 6 1 a. 100 percent solids, solvent -free epoxy grout specifically formulated for epoxy 2 topcoating compatibility 3 b. Factory blended, rapid setting, high early strength, fiber reinforced, non -shrink 4 repair mortar that can be toweled or pneumatically spray applied and 5 specifically formulated to be suitable for topcoating with the specified coating 6 product used 7 B. Coating Product 8 1. Coating shall be Warren Environmental S-301-14 Spray Epoxy or approved equal. 9 C. Coating Application Equipment 10 1. Manufacturer approved heated plural component spray equipment 11 2. Hard to reach areas, primer application and touch-up may be performed using hand 12 tools. 13 2.3 ACCESSORIES [NOT USED] 14 2.4 SOURCE QUALITY CONTROL 15 1. Testing 16 a. Take wet film thickness gauge per ASTM D4414 at 3 locations within the 17 manhole, 2 spaced equally apart along the wall and 1 on the bench. 18 1) Document and attest measurements and provide to the City. 19 b. After coating has set, repair all visible pinholes by lightly abrading the surface 20 and brushing the lining material over the area. 21 c. Repair all blisters and evidence of uneven cover according to the 22 manufacturer's recommendations. 23 d. Test manhole for final acceptance according to Section 33 0130. 24 PART 3 - EXECUTION 25 3.1 INSTALLERS 26 A. All installers shall be certified applicators approved by the manufacturers. 27 3.2 EXAMINATION [NOT USED] 28 3.3 PREPARATION 29 A. Manhole Preparation 30 1. Stop active flows via damming, plugging or diverting as required to ensure all 31 liquids are maintained below or away from the surfaces to be coated. 32 2. Maintain temperature of the surface to be coated between 40 and 120 degrees F. 33 3. Shield specified surfaces to avoid exposure of direct sunlight or other intense heat 34 source. 35 a. Where varying surface temperatures do exist, coating installation should be 36 scheduled when the temperature is falling versus rising. 37 B. Surface Preparation 38 1. Remove oils, grease, incompatible existing coatings, waxes, form release, curing 39 compounds, efflorescence, sealers, salts or other contaminants which may affect the 40 performance and adhesion of the coating to the substrate. CITY OF FORT WORTH SANDEROS PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105416 Revised December 20, 2012 333960-5 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 5 of 6 1 2. Remove concrete and/or mortar damaged by corrosion, chemical attack or other 2 means of degradation so that only sound substrate remains. 3 3. Surface preparation method, or combination of methods, that may be used include 4 high pressure water cleaning, high pressure water jetting, abrasive blasting, 5 shotblasting, grinding, scarifying, detergent water cleaning, hot water blasting and 6 others as described in SSPC SP 13/NACE No. 6. 7 4. All methods used shall be performed in a manner that provides a uniform, sound, 8 clean, neutralized, surface suitable for the specified coating product. 9 3.4 INSTALLATION 10 A. General 11 1. Perform coating after the sewer line replacement/repairs, grade adjustments and 12 grouting are complete. 13 2. Perform application procedures per recommendations of the coating product 14 manufacturer, including environmental controls, product handling, mixing and 15 application. 16 B. Temperature 17 1. Only perform application if surface temperature is between 40 and 120 degrees F. 18 2. Make no application if freezing is expected to occur inside the manhole within 24 19 hours after application. 20 C. Coating 21 1. Spray apply per manufacturer's recommendation at a minimum film thickness of 22 125 mils. 23 2. Apply coating from bottom of manhole frame to the bench/trough, including the 24 bench/trough. 25 3. After walls are coated, remove bench covers and spray bench/trough to at least the 26 same thickness as the walls. 27 4. Apply any topcoat or additional coats within the product's recoat window. 28 a. Additional surface preparation is required if the recoat window is exceeded. 29 5. Allow a minimum of 3 hours of cure time or be set hard to touch before reactivating 30 flow. 31 3.5 REPAIR / RESTORATION [NOT USED] 32 3.6 RE -INSTALLATION [NOT USED] 33 3.7 FIELD [OR] SITE QUALITY CONTROL 34 A. Each structure will be visually inspected by the City the same day following the 35 application. 36 B. The inspector will check for deficiencies, pinholes and thin spots. 37 C. If leaks are detected they will be chipped back, plugged and coated immediately with 38 protective epoxy resin coating. 39 1. Make repair 24 hours after leak detection. CITY OF FORT WORTH SANDEROS PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105416 Revised December 20, 2012 333960-6 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 6 of 6 1 3.8 SYSTEM STARTUP [NOT USED] 2 3.9 ADJUSTING [NOT USED] 3 3.10 CLEANING [NOT USED] 4 3.11 CLOSEOUT ACTIVITIES 5 A. Upon final completion of the work, the manufacturer will provide a written certification 6 of proper application to the City. 7 B. The certification will confirm that the deficient areas were repaired in accordance with 8 the procedure set forth in this Specification. 9 3.12 PROTECTION [NOT USED] 10 3.13 MAINTENANCE [NOT USED] 11 3.14 ATTACHMENTS [NOT USED] 12 END OF SECTION 13 Revision Log DATE NAME SUMMARY OF CHANGE 14 Replaced coating properties in Section 2.2 (B) with 8/16/17 C. Edwards manufacturer and product number specified by City of Fort Worth Water Department CITY OF FORT WORTH SANDEROS PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105416 Revised December 20, 2012 FORT WORTH, CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: November 08, 2021 The Fort Worth Water Department's Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department's Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specification will override the Fort Worth Water Department's Standard Specifications and the Fort Worth Water Department's Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department's Standard Specifications or is on the Fort Worth Water Department's Standard Products List. FORT WORTH® Note: All water or CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST than 1S inch diameter shall be approved for use by the Water basis. Special bedding maybe required for some Updated: 11/08/2021 Water & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16) I I 07/23/97 33 05 13 Urethane Hydrophilic Waterstop Asahi Kogyo K.K. Adeka Ultra -Seal P-201 ASTM D2240/D4I2/D792 I I 04/26/00 33 05 13 Offset Joint for 4' Diam. MH Hanson Concrete Products Drawing No. 35-0048-001 I I 04/26/00 33 05 13 Profile Gasket for 4' Diam. MIR. Press -Seal Gasket Corp. 250-4G Gasket ASTM C-443/C-361 SS MH I I 1126199 33 05 13 HOPE Manhole Adjustment Rings Ladtech, Inc HDPE Adjustment Ring Traffic and Non -traffic area I 5/13/05 33 05 13 Manhole External Wrap Canusa - CPS WrapidSeal Manhole Encapsulation System I er - Manholes & Bases/Fiberelass 33-39-13 (1/8/13 I I 1/26/99 33 39 13 Fiberglass Manhole Fluid Containment, Inc. Flowti[e ASTM 3153 Non -traffic area I I 08/30/06 33 39 13 Fiberglass Manholc L.F. Manufacturing Non -traffic area I I j Water & Sewer - Manholes & Bases/Frames & Covers/Rectammlar 33-05-13 (Rev 2/3/16) I I33 05 13 IMaoholc Frames and Covers Western Iron Works, Bass & Hays Foundry 1001 24"x40" WD I Water & Sewer - Manholes & Bases/Frames & Covers/Standard Bound) 33-05-13 (Rev 2/3/16) I 3305 13 Manhole Frames and Covers Western Iron Works, Bass & Hays Foundry 30024 24" Dia. I I * 3305 13 Manhole Frames and Covers McKinley Iron Works Inc. A 24 AM 24" Dia. I 08/24/18 3305 13 Manhole Frames and Covers Neenah Foundry R-1272 ASTM A48 & AASHTO M306 24" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry R- 165-LM (Hinged) ASTM A48 & AASHTO M306 24" Dia. I 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry NF 1274 ASTM A48 & AASHTO M306 30" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry R-1743-LM (Hinged) ASTM A48 & AASFTO M306 30" dia. I33 05 13 Manhole Frames and Cove s Sigma Corporation MH-144N I 33 05 13 m Manhole Fraes and Covers Sigma Corporation MH-143N I 33 05 13 Manhole Frames and Cove s Pont-A-Mousson GTS-STD 24" dia. I33 05 13 Manhole Frames and Covers Neenah Casting 24" dia. I 10/31/06 33 05 13 Manhole Frames and Covers (Hinged) Powerseal Hinged Ductile Iron Manhole ASTM A536 24" Dia. I 7/25/03 3305 13 Manhole Frames and Covers Saint-Gobain Pipelines (Pamrex/rexus) RE32-R8FS 30" Dia. I 01/31/06 3305 13 30" Dia. MH Ring and Cover East Jordan Iron Works V1432-2 and V1483 Designs AASFITO M306-04 30" Dia. I 11/02/10 3305 13 30" Dia. MH Ring and Cover Sigma Corporation MH165IFWN & MH16502 30" Dia I 07/19/1 t 3305 13 30" Dia. MH Ring and Cover Star Pipe Products NIH32FTWSS-DC 30" Dia I 08/10/11 3305 13 30" Dia. MH Ring and Cover Accucast 220700 Heavy Duty with Gasket Ring 30" Dia 30" ERGO XL Assembly 10/14/13 3305 13 30" Dia. MH Ring and Cover, (Hinged & Lockable) East Jordan Iron Works with Cam Lock/MPIC/T-Gasket ASSFITO MI 05 & ASTM A536 30" Dia 06/01/17 3405 13 30" Dia. MH Ring and Cover (Hinged & Lockable) CI SIP Industries 2280 (32") ASTM A 48 30" Dia. CAP-ONE-30-FTW, Composite, w/ Luck I Water & Sewer - Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight 33-05-13 Bev 2/3/16) I33 05 13 Manhole Frames and Covers Pont-A-Mousson I3305 13 Manhole Frames and Covers Neenah Casting I3305 13 Manhole Frames and Covers Western Iron Works,Bass & Hays Foundry I* 3305 13 Manhole Frames and Covers McKinley Iron Works Inc. I03/08/00 3305 13 Manhole Frames and Covers Accucast I04/20/01 3305 13 Manhole Frames and Covers (SIP)Seramoore Industries Private Ltd. I �Wr - Manholes & Bases/Precast Concrete 11ev 1/8/13 33 39 10 Manhole, Precast Concrete Hydro Conduit Corp I* 33 39 10 Manhole, Precast Concrete Wall Concrete Pipe Co. hic. I09/23/96 33 39 10 Manhole, Precast Concrete Concrete Product Inc. I05/08/18 33 39 10 Manhole, Precast Concrete The Turner Company I 10/27/06 33 39 10 Manhole, Precast Concrete Oldcastle Precast Inc. I 06/09/10 33 39 10 Manhole, Precast (Reinforced Polymer)Concrete US Composite Pipe Pamtight 24" Dia. 24" Dia. 300-24P 24" Dia. WPA24AM 24" Dia. RC-2100 ASTM A 48 24" Dia. 300-24-23.75 Ring and Cover ASTM A 48 24" Dia. SPL Item 449 ASTM C 478 41" ASTM C-443 48" 48" I.D. Manhole w/ 32" Cone ASTM C 478 48" w/32" cone 48", 60" I.D. Manhole w/ 32" Cone ASTM C 478 48", 60" 48" I.D. Manhole w/ 24" Cone ASTM C 478 48" Diam w 24" Ring Reinforced Polymer Concrete ASTM C-76 48" to 72" 09/06/19 33 3920 Manhole, Precast Concrete Forterra Pipe and Precast 60" & 72" I.D. Manhole w/32" Cone ASTM C-76 60" & 72" 10/07/21 1 32 39 20 IManholle, Precast Concrete I Forterra Pipe and Precast 48" LD. Manhole w/32" Cone ASTM C-77 48" 10/07/21 33 3920 Manhole, Precast Reinforced Pol er Concrete Armorock 48" & 60" LD. Manhole w/32" Cone 48" & 60" 10/07/21 33 39 20 Manhole, Precast H id Pol cr &PVC Predl S 48" & 60" I.D. Manhole w/32" Cone 48" & 60" ` Water & Sewer - Manholes & Bases/Rehab Svstems/Cementitiou EL rE1-14 Manhole Rehab Systems Quadex I 04/23/01 EI-14 Manhole Rehab Systems Standard Cement Materials, Inc. Relmer MSP E1-14 Manhole Rehab Systems AP/M Permaform I 4/20/01 E1-14 Manhole Rehab System Strong Company Strong Seal MS2A Rehab System I 5/12/03 EI-14 Manhole Rehab System (Liner) Poly -triplex Technologies MH repair product to stop infiltration I08/30/06 General Concrete Repair FlexKrete Technologies Vinyl Polyester Repam Product I F-_ Water & Sewer - Manholes & Bases/Rehab Svstems/NonCementitious I 05/20/96 EI-14 Manhole Rehab Systems Spravrou, Spray Wall Polyarethane Coating I* EI-14 Manhole Rehab Systems San Coast 12/14/01 Coating for Corrosion protection(Exterior) ERTECH Series 20230 and 2100 (Asphatic Emulsion) I 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1BB, S1, S2 I8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 I 08/30/06 Coatings for Corrosion Protection Citadel SLS-30 Solids Eggoxy 33 05 16, 33 39 10, RR&C Dampproofing Non-]ribered Spray .3119118 33 39 20 Coating for Corrosion protection(Exterior) Sherwin Williams Grade (Asphatic Emulsion) I I I ASTM D5813 I Misc. Use I I ASTM D639/D790 I For Exterior Coating of Concrete Structures Only Acid Resistance Test Sewer Applications I Sewer Applications I Sewer AO lications I For Exterior Coaling of Concrete Structures Only * From Original Standard Products List CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Note: All water or sewer pipe larder than 1S inch diameter shall be approved for use by the Water Department on a proiect specific basis. Water & Sewer - Manhole Inserts - Field Onerations Use Onlv (Rev 2/3/16) I33 05 13 Manhole Insert Knutson Enterprises Made to Order- Plastic I * 33 05 13 Manhole Insert South Westem Packaging Made to Order - Plastic I * 33 05 13 Manhole Insert Noflm-Inflow Made to Order - Plastic I 09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. LifeSaver - Stainless Steel I 09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. TetherLok - Stainless Steel I Water & Sewd—fl aCasin! Spacers 33-05-24 (07/01/ 11/04/02 Steel Band Casing Spacers Advanced Products and Systems, Inc. Carbon Steel Spacers, Model SI 02/02/93 Stainless Steel Casing Spacer Advanced Products and Systems, Inc. Stainless Steel Spacer, Model SSI 04/22/87 Casing Spacers Cascade Waterworks Manufacturing Casing Spacers 09/14/10 Stainless Steel Casing Spacer Pipeline Seal and Insulator Stainless Steel Casing Spacer 09/14/10 Coated Steel Casin Spacers Pipeline Seal and Insulator Coated Steel Casin Spacers 05/10/11 Stainless Steel Casing Spacer Powerseal 4810 Powerchock 03/19/18 Casing Spacers BWM SS-12 Casing Spacer(Stainleas Steel) 03/19/18 Casing Spacers BWM FB-12 Casing Spacer (Coated Carbon Steel) f Nonyressure Pipe and Grouted Casing "W Water & Sewer - Pines/Ductile Iron 33-11-10(1/8/13) Updated: 11/08/2021 equired for some pipes. itional Al ASTM D 1248 For 24" dia. ASTM D 1248 For 24" dia. ASTM D 1248 For 24" dia. For 24" dia. For 24" that Up to 48" Up to 48" Up to 48" * 33 11 10 Ductile Iron Pipe Griffin Pipe Products, Co. Super Bell-Tite Ductile Iron Pressure Pipe, AW WA C150, C151 3" thrn 24" 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Fastite Pipe (Bell Spigot) AW WA C150, C151 4" thin 30" 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Flex Ring (Restrained Joint) AW WA C150, C151 4" thin 30" * 33 11 10 Ductile Iron Pipe U.S. Pipe and Foundry Co. AW WA C150, C151 * 33 11 10 Ductile Iron Pipe McWane Cast Iron Pipe Co. AW WA C150, C151 I Water & Sewer - Utility Line Marker (08/24/2018) I Sewer - Coatin-s/EDoxv 33-39-60 (01/08/13). 02/25/02 Epoxy Lining System Sauereisen, Inc S—Gard 21ORS LA County 9210-1.33 I 12/14/01 Epoxy Lining System Enech Technical Coatings Ertech 2030 and 2100 Series I I 04/14/05 Interim Ductile Iron Pipe Coating Induron Protecto 401 ASTM B-117 Ductile Iron Pipe Only I I01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, SIBB, Sl, S2 Acid Resistance Test Sewer Applications I I8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications I I Sewer - Coatings/Polvurethane I I I Sewer - Combination Air Valves I 05/25/18 I 33-31-70 Air Release Valve A.R.I. USA, Inc. D025LT1`02(Composite Body) 2" I I Sewer - Pioes/Concrete I * EI-04 Conc. Pipe, Reinf ced Wall Concrete Pipe Co. Inc. ASTM C 76 I E1-04 Conc. Pipe, Reinforced Hydro Conduit Corporation Class III T&G, SPL Item 977 ASTM C 76 I I E1-04 Conc. Pipe, Reinforced Hanson Concrete Products SPL item #95 P lanhole, #98 Pirre ASTM C 76 I I* E1-04 Conc. Pipe, Reinforced Concrete Pipe & Products Co. Inc. ASTM C 76 I I Sewer - Pine Enlargment Svstem (Method)33-31-23 (01/18/13) I PIM System PIM Corporation Polyethylene PIM Corp., Piscam Way, N.J. Approved Previously McConnell Systems McLat Construction Polyethylene Houston, Texas Approved Previously I I TRS Systems Trenchless Replacement System Polyethylene Calgary, Canada Approved Previously I I Sewer - Pine/Fibemdass Reinforced Pipe 33-31-13(1/8/1 7/21/97 33 31 13 Cent. Cast Fiberglass (FRP) Hobas Pipe USA, Inc. Hobas Pipe (Non -Pressure) ASTM D3262/D3754 I 03/22/10 33 31 13 Fiberglass Pipe (FRP) Ameron Bo idstrand RPMP Pipe ASTM D3262/D3754 I I 04/09/21 Glass -Fiber Reinforced Polymer Pipe (FRP) Thompson Pipe Group Thompson Pipe (Flowtite) ASTM D3262/D3754 I I 4/14/05 Polymer Modified Concrete Pipe Amitech USA Meyer Polycrete Pipe ASTM C33, A276, F477 8" to 102", Class V I I06/09/10 E I-9 Reinforced Polymer Concrete Pipe US Composite Pipe Reinforced Polymer Concrete Pipe ASTM C-76 I I Sewer - PiDes/HDPE 33-31-23(1/8/131 I * High -density polyethylene pipe Phillips Dnscopipe, Inc. Opticore Ductile Polyethylene Pipe ASTM D 1248 8" I High -density polyethylene pipe Plexco Inc. ASTM D 1248 8" I I High -density polyethylene pipe Polly Pipe, hic. ASTM D 1248 8" I High -density polyethylene pipe CSR Hydro Conduit/Pipeline Systems McConnell Pipe Enlargement ASTM D 1248 I I Sewer -Pines Pressure Sewer 157 I 12/02/11 33-II-I� DR-I4 PVC Pressure Pipe Pipelife Jetsheam PVC Pressure Pipe AWWA C900 4"thin l2" 10/22/14 I 33-11-12 DR-14 PVC Pressure Pipe Royal Building Products Royal Seal PVC Pressure Pipe AW WA C900 4" thrn 12" I * From Original Standard Products List FORT WORTH® Note: All water or CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST than 1S inch diameter shall be approved for use by the Water Department on a proiect specific basis. Special bedding may be required for some Updated: 11/08/2021 * 12/23/97* ' 01/18/18 11/11/98 * 09/11/12 05/06/05 04/27/06 ' 1 3/19/2018 1 3/19/2018 1 3/29/2019 1 10/21/2020 1 10/22/2020 1 10/21/2020 33-31-20 33-31-20 33-31-20 33-31-20 33-31-20 33-31-20 33-31-20 33-31-20 33-31-20 33-31-20 33 3120 33 3120 33 3120 33 3120 33 3120 33 3120 PVC Sewer Pipe PVC Sewer Pipe PVC Sewer Pipe PVC Sewer Pipe PVC Sewer Pipc PVC Sewer Pipe PVC Sewer Pine PVC Ss Wall Pipe PVC Sewer Fittings PVC Sewer Fittings PVC Sewer Pipe PVC Sewer PTc Gasketed Fittings (PVC) PVC Sewer Pipe PVC Sewer Pipe PVC Sewer Pipe J-M Manufacturing Co., Inc. (JM Eagle) Diamond Plastics Corporation Lamson Vylon Pipe Vinyltech PVC Pipe Diamond Plastics Corporation J-M Manufacturing Co, Inc. (JM Eagle) Piq life Jet Stream Diamond Plastics Corporation Harco Plastic Trends, In.c Pipelife Jet Stream Pipelife Jet Stream GPK Products, Inc. NAPCO Sanderson Pipe Corp. NAPCO SDR-26 SDR-26 Gravitv Sewer "S" Gravity Sewer Pipe SDR 26/35 PS 115/46 SDR-26 and SDR-35 SDR 26/35 PS 115/46 SDR-26 and SDR-35 Gasket Fittings Gasketed PVC Sewer Main Finings SDR 35 SDR 26 SDR 26 SDR 26 SDR 26 SDR 26/35 PS 115/46 ASTM D 3034 ASTM D 3034 ASTM F 789 ASTM D3034 ASTM F 679 ASTM F 679 ASTM F-679 ASTM F-679 ASTM D-3034, D-1784, etc ASTM D 3034 ASTM F679 ASTM D3034 ASTM D3034/F-679 ASTM D3034 ASTM D3034 ASTM F-679 4" - 15" 4" thin 15" 4" thru 15" 4" thin 15" 18" to 27" 18" - 28" 18" 18" to 48" 4" - 11" 18"- 24" 4"- 15" 4"- 15" 4" - 15" 4"- 15" 18"- 36" * Clued m Place Pipe Insituf Texark, Inc ASTM F 1216 05/03/99 Cured in Place Pipe National Envirotech Group National Liner, (SPL) Item #27 ASTM F-1216/D-5813 05/29/96 Cured in Place Pipe Remolds Inc/Inlinef Technolgv (Inliner USA) Inliner Technology ASTM F 1216 Sewer - Pines/Rehab/Fold & Farm Fold and Form Pipe Cullum Pipe Systems, Inc. 11/03/98 Fold and Form Pipe Insituf Technologies, Inc. Insituf "NuPIpe" ASTM F-1504 Fold and Form Pipe American Pipe & Plastics, Inc. Demo. Purpose Only 12/04/00 Fold and Form Pipe Ultralmer Ultraliner PVC Alloy Pipeliner ASTM F-1504, 1871, 1867 06/09/03 Fold and Form Pipe Miller Pipeline Corp. EX Method ASTM F-1504, F-1947 Up to 18" diameter L Sewer - Pioes/Oven Prorde Large Diameter 09/26/91 E100-2 PVC Sewer Pipe, Ribbed Lamson Vylon Pipe Canon Vylon H.C. Closed Profile Pipe, ASTM F 679 18" to 48" 09/26/91 E100-2 PVC Sewer Pipe, Ribbed Extrusion Technologies, Inc. Ultra -Rib Open Profile Sewer Pipe ASTM F 679 18" to 48" E100-2 PVC Sewer Pipe, Ribbed Up -or ETI Company 11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Double Wall Advanced Drainage Systems (ADS) SaniTite HP Double Wall (Corrugated) ASTM F 2736 24"-30" 11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Triple Wall Advanced Drainage Systems (ADS) SaniTde HP Triple Wall Pipe ASTM F 2764 30" to 60" 05/16/11 Steel Reinforced Polyethylene Pipe ConTech Construction Products D=mx ASTM F 2562 24" to 72" Water - AD 01/18/18 33-12-10 Double Snap Saddle Ronnie 202NS Nylon Coated AW WA C800 1"-2" SVC, up to 24" Pine 08/28/02 Double Strap Saddle Smith Blair 4317 Nylon Coated Double Strap Saddle 07/23/12 33-12-10 Double Strap Service Saddle Mueller Company DR2S Double (SS) Strap DI Saddle AW WA C800 1"-2" SVC, up to 24" Pipe 10/27/87 Curb Stops -Ball Meter Valves McDonald 6100M,6100MT & 61 OMT 3/4" and 1" 10/27/87 Curb Stops -Ball Meter Valves McDonald 4603B, 4604B, 6100M, 610OTM and 6101M 1 %" and 2" FB600-7NL, FB1600-7-NL, FV23-777-W-NL, 1/25/2018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. L22-77NL AW WA C800 2" FB600-6-NL, FB1600-6-NL, FV23-666-W- 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. NL, L22-66NL AW WA C800 1-1 /2" FB6004-NL, FB16004-NL, B11-444-WR- 1111018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. NL, B22444-WR-NL, L28-44NL AW WA C800 B-25000N, B-24277N-3, B-20200N-3, H- AW WA C800, ANSF 61, 1111.18 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, , H-1552N, H142276N ANSI/NSF 372 _ B-25000N, B-2020oN-3, B-24277N-3,H- AW WA C800, ANSF 61, 1/25/2018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, H-14276N, H-15525N ANSI/NSF 372 1-1/2" B-25000N, B-20200N-3,H-15000N, H- AW WA C800, ANSF 61, 1111.18 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15530N ANSI/NSF 372 1" 01/26/00 Coated Tapping Saddle with Double SS Straps 1CM Industries, Inc. #406 Double Band SS Saddle 1"-2" Taps on up to 12" 0/5/21/12 33-12-25 Tapping Sleeve (Coated Steel) 1CM Industries, Inc. 412 Tapping Sleeve ESS AW WA C-223 Up to 30" w/12" Out 05/10/11 Tapping Sleeve (Stainless Steel) Powerseal 3490AS (Flange) & 3490MJ 4"-8" and 16" 02/29/12 33-12-25 Tapping Sleeve (Coated Steel) Ronnie FTS 420 AW WA C-223 up to 42" w/24" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Ronnie SST Stainless Steel AW WA C-223 Up to 24" w/12" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST III Stainless Steel AW WA C-223 Up to 30" w/12" Out 05/10/11 Joint Repair Clamp Powerseal 3232 Bell Joint Repair Clamp 4" to 30" Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW37C-12-1EPAF FTW Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW39C-12-1EPAF FTW 08/30/06 Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW65C-14-1EPAF FTW Class "A" Concrete Meter Box Bass & Hays CMB37-B12 1118 LID-9 Concrete Meter Box Bass & Hays CMB-18-Dual 1416 LID-9 Concrete Meter Box Bass & Hays CMB65-B65 1527 LID-9 Water - Bolts. Nuts. and Gaskets 33-11-05 (01108/131. * From Original Standard Products List 3 FORT WORTH® CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 11/08/2021 Note: All water or sewer pipe larger than 1S inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding maybe required for some pipes. Approval Spec I( on Manufacturer ModelI. National Spec Water -Combination �Jr a ease 33-31-70 (Ol/08/13) ` * EI-11 Combination Au Release Valve GA Industries, Inc. Empire Au and Vacuum Valve, Model 935 ASTM A 126 Class B, ASTM A v & 2" 240 - that, ASTM A 307 - Cover Bolts * E1-11 Combination Air Release Valve Multiplex Manufacturing Co. Crispin Air and Vacuum Valves, Model No. 11", 1" 12" * E1-11 Combination Air Release Valve Valve and Primer Corp. APCO #143C, #145C and #147C 1", 2" & 3" Fire Hvdrants 33-1240 (01/15/14S' ateW r—rv�ar-r-e1 10/Ol/87 E-1-12 Dry Barrel Fire Hydrant American -Darling Valve Drawing Nos. 90-18608, 94-18560 AWWA C-502 03/31/88 E-1-12 Dry Barrel Fire Hydrant American Darling Valve Shop Drawing No. 94-18791 AWWA C-502 09/30/87 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Shop Drawing No. D-19895 AWWA C-502 01/12/93 E-1-12 Dry Barrel Fire Hydrant American AVK Company Model 2700 AWWA C-502 08/24/88 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Drawings D20435, D20436, B20506 AWWA C-502 E-1-12 Dry Barrel Fire Hydrant ITT Kennedy Valve Shop Drawing No. D-80783FW AWWA C-502 09/24/87 E-1-12 Dry Barrel Fire Hydrant M&H Valve Company Shop Drawing No. 13476 AWWA C-502 Shop Drawings No. 6461 1.1187 E-1-12 Dry Barrel Fire Hydrant Mueller Company A-423 Centurin o AWWA C-502 Shop Drawing FH-12 01/15/88 E1-12 Dry Barrel Fire Hydrant Mueller Company A-423 Super Centurion 200 AWWA C-502 10/09/87 E-1-12 Dry Barrel Fire Hydrant U.S. Pipe & Foundry Shop Drawing No. 960250 AWWA C-502 09/16/87 E-1-12 Dry Barrel Fire Hydrant Water— Company Shop Drawing No. SK740803 AWWA C-502 08/12/16 33-12-40 Dry Barrel Fire Hydrant EJ (East Jordan Iron Works) WaterMaster 5CD250 02/05/93 E101-5 Detector Check Meter Ames Company Model 1000 Detector Check Valve AW WA C550 4" - 10" 08/05/04 Magnetic Drive Vertical Turbine Hersey Magnetic Drive Vertical AWWA C701, Class 1 3/4" - 6" Water - Pines/PVC (Pressure Water) 33-31-70 (01/08/13) 70781! AWWA C900, AWWA C605, 33-11-12 PVC Pressure Pipe Vinyltech PVC Pipe DR14 ASTM D1784 4"-12" 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR14 AWWA C900 4"-12" 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife let Stream DR18 AWWA C900 16"-24" 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 14 AWWA C900 4"-12" 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 18 AWWA C900 16"-24" AWWA C900-16 UL 1285 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 14 ANSI/NSF 61 4"-28" FM 1612 AWWA C900-16 UL 1285 12/6/2018 33 11 12 PVC Pressure Pipe 1-M Manufacturing Co., Inc d/b/a JM Eagle DR 18 ANSI/NSF 61 16"-24" FM 1612 9/6/2019 33 11 12 PVC Pressure Pipe Underground Solutions Inc. DR14 Fusible PVC AWWA C900 4" - 8" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO DRI8 AWWA C900 16"-24" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO DR14 AWWA C900 4%12" 9/6/2019 33 11 12 PVC Pressure Pipe Sanderson Pipe Corp. DR14 AWWA C900 4"- 12" 01/23/92 EI-07 Ductile Iron Fittings Stu Pipe Products, Inc. Mechanical Joint Fittings AW WA C153 & C110 * E I-07 Ductile Iron Fittings Griffin Pipe Products, Co. Mechanical Joint Fittings AWWA C 110 * EI-07 Ductile Iron Fittings McWane/Tyler Pipe/ Union Utilities Division Mechanical Joint Fittings, SSB Class 350 AW WA C 153, C 110, C III 08/11/98 E1-07 Ductile Iron Fittings Sigma, Co. Mechanical Joint Fittings, SSB Class 351 AWWA C 153, C 110, C 112 02/26/14 E1-07 MJ Fittings Accucast Class 350 C-153 MJ Fittings AW WA C153 4"-12" 05/14/98 E1-07 Ductile Iron Joint Restraints Ford Meter Box Co./Uni-Flange Uni-Flange Series 1400 AW WA C111/C153 4" to 36" 05/14/98 E1-24 PVC Joint Restraints Ford Meter Box Co.fUni-Flange Uni-Flange Series 1500 Circle -Lock AW WA C111/C153 4" to 24" 11/09/04 E1-07 Ductile Iron Joint Restraints One Bolt, Inc. One Bolt Restrained Joint Fitting AW WA C111/C116/C153 4" to 12" 02/29/12 33-11-11 Ductile Icon Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 1100 (for DI Pipe) AW WA C111/C116/C153 4" to I" 02/29/12 33-11-11 PVC Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 2000 (for PVC Pipe) AW WA CI11/C116/C153 4" to 24" 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLC4 - SLC10 AW WA C111/C153 4" to 10" 03/06/19 33-I1-I1 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLCS4 - SLCS12 AW WA C111/C153 4" to 12" 08/05/04 EI-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLCE AW WA C111/C153 12" to 24" 08/10/98 E I-07 MJ Fittings(DIP) Sigma, Co. Sigma One-Lok SLDE AW WA C153 4" - 24" 10/12/10 E1-24 Interior Restrained Joint System S & B Tmhncial Products Bulldog System ( Diamond Lok 21 & JM ASTM F-1624 4" to 12" 08/16/06 E1-07 Mechanical Joint Fittings SIP Induaries(Serampore) Mechanical Joint Fittings AW WA C153 4" to 24" 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. PVC Stargrip Series 4000 ASTM A536 AW WA CI I I 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. DIP Stargrip Series 3000 ASTM A536 AW WA CI I I 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Induaries(Serampore) EZ Grip Joint Restraint (EZD) Black For DIP ASTM A536 AW WA CI11 3"-48" EZ Grip Joint Restraint (EZD) Red for C900 03/19/18 33-1141 Mechanical Joint Retainer Glands SIP Industries(Serampore) DR14 PVC Pipe ASTM A536 AW WA C111 4"-12" EZ Grip Joint Restraint (EZD) Red for C900 03/19/18 33-1141 Mechanical Joint Retainer Glands SIP Industnes(Serampore) DRI8 PVC Pipe ASTM A536 AW WA C111 16"-24" * From Original Standard Products List CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 11/08/2021 Note: All water or sewer pipe larder than 1S inch diameter shall be approved for use by the Water Department on a proiect specific basis. Special bedding maybe required for some pipes. Resilient Wedged Gate Valve w/no Gears American Flow Control Series 2500 Drawing # 94-20247 16" 12/13/02 Resilient Wedge Gate Valve American Flow Control Series 2530 and Series 2536 AW WA C515 30" and 36" 08/31/99 Resilient Wedge Gate Valve American Flow Control Series 2520 & 2524 (SD 94-20255) AW WA C515 20" and 24" 05/18/99 Resilient Wedge Gate Valve American Flow Control Series 2516 (SD 94-20247) AW WA C515 16" 10/24/00 E1-26 Resilient Wedge Gate Valve American Plow Control Series 2500 (Ductile Iron) AW WA C515 4" to 12" 08/05/04 Resilient Wedge Gate Valve Amoncim Flow Control 42" and 48" AFC 2500 AW WA C515 42" and 48" 05/23/91 E1-26 Resilient Wedge Gate Valve Amoncan AVK Company American AVK Resilient Seeded GV AW WA C509 4" to 12" 01/24/02 E1-26 Resilient Wedge Gate Valve Amoncan AVK Company 20" and smaller * E1-26 Resilient Seated Gate Valve Kennedy 4" - 12" * E1-26 Resilient Seated Gate Valve M&H 4" - 12" * E1-26 Resilient Seated Gate Valve Mueller Co. 4" - 12" 11/08/99 Resilient Wedge Gate Valve Mueller Co. Series A2361 (SD 6647) AW WA C515 16" 01/23/03 Resilient Wedge Gate Valve Mueller Co. Series A2360 for 18"-24" (SD 6709) AW WA C515 24" and smaller 05/13/05 Resilient Wedge Gate Valve Mueller Co. Mueller 30" & 36", C-515 AW WA C515 30" and 36" 01/31/06 Resilient Wedge Gate Valve Mueller Co. Mueller 42" & 48", C-515 AW WA C515 42" and 48" 01/28/88 E1-26 Resilient Wedge Gate Valve Clow Valve Co. AW WA C509 4" - 12" 10/04/94 Resilient Wedge Gate Valve Clow Valve Co. 16" RS GV (SD D-20995) AW WA C515 16" 11/08/99 EI-26 Resilient Wedge Gate Valve Clow Valve Co. Clow RW Valve (SD D-21652) AW WA C515 24" and smaller 11/29/04 Resilient Wedge Gate Valve Clow Valve Co. Clow 30" & 36" C-515 AW WA C515 30" and 36" (Note 3) 11/30/12 Resilient W Gate Valve Clow Valve Co. Clow Valve Model 2638 AWWA C515 24" to 48"fNote 3) 01/01/91 EI-26 Resilient Seat Gate Valve Stockham Valves & Fittings AW WA C 509, ANSI 420 - stem, 4" - 2" ASTM A 276 Type 304 - Bolts & .its * E1-26 Resilient Seated Gate Valve U.S. Pipe and Foundry Co. Mcoosea1250, requirements SPL #74 3" to 16" 10/26/16 33-12-20 Resilient Seated Gate Valve EJ (East Jordan Iron Works) El FlowMaster Gate Valve & Boxes 08/24/18 Mateo Gate Valve Matco-Noroa 225 MR AW WA/ANSI C115/An21.15 4" to 16" aW e�tnes/Valves�fi tinas/Bubber Seated Butterfly Valve 33-12-2TT077IbTRY-S E I-30 Rubber Seated Butterfly Valve Henry Pratt Co. AW WA C-504 24" * EI-30 Rubber Seated Butterfly Valve Mueller Co. AW WA C-504 24"and smaller 1/11/99 E1-30 Rubber Seated Butterfly Valve Domrik Valves Co. AW WA C-504 24" and larger 06/12/03 E1-30 Valmatic American Butterfly Valve Valmatic Valve and Manufacturing Corp. Valmatic American Butterfly Valve. AW WA C-504 Up to 84" diameter 04/06/07 E1-30 Rubber Seated Butterfly Valve M&H Valve M&H Style 4500 & 1450 AW WA C-504 24" to 48" 03/19/18 33 1221 Rubber Seated Butterfly Valve G. A. Industries (Golden Anderson) AW WA C504 Butterfly Valve AW WA C-504 30"-54" OS/12/OS Water - Polvettvlene Encasement 33-11-10 (01/08/13) E1-13 Polyethylene Encasment Flossol Packaging Fulton Enterprises AW WA C105 8 mil LLD 05/12/05 E1-13 Polyethylene Encasment Mountain States Plastics (MSP) and AEP Ind. Standard Hardware AW WA C105 8 mil LLD 05/12/05 E1-13 Polyethylene Encasment AEP Industnes Bullstrong by Cowtown Bolt & Gasket AW WA C105 8 mil LLD 09/06/19 33-11-11 Polyethylene Encasment Northtown Products Inc. PE Encasement for DIP AW WA C105 8 mil LLD Water - .S'amDI1nE .Station 3/11 6 Water Sampling Station Water Plus B20 Water Sampling Station Water - Automatic Flusher HG6-A-IN-2-BRN-LPRR(Portable) ]OY11 Y20 Automated Flushing System Mueller Hydroguard HG2-A-IN--2-PVC-018-LPLG(Permanent) 04/09/21 Automated Flushing System Kupferle Foundry Company Eclipse #9800wc 04/09/21 Automated Flushing System Kupf le Foundry Company Eclipse 49700 (Portable) * From Original Standard Products List