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HomeMy WebLinkAboutContract 50406-PM11W m city Comte Nory b FoRTWORTH PROJECT MANUAL FOR THE CONSTRUCTION OF OFFSITE SANITARY SEWER IMPROVEMENTS TO SERVE McKELVEY COLE TRACT City Project No. 101118 Sewer# 56008-0700430-101118-001480 Betsy Price Mayor David Cooke City Manager Kenneth C. Morgan Water Director Doug Wiersig Transportation and Public Works Director Prepared for The City of Fort Worth 2018 Dowdey Anderson & Associates, Inc. State Registration No. F-399 of F$.......... . ........... mW F. KRAUSKA t.......... ..... ...� 54729� r. Of lCENs� 1, ON& W OFFICIAL RECORD �Vi �Ci SECRETARY 03/12/2018 �� 1 S(v= FT. WORTH, TX 00 0010-1 PROJECT RECORD DOCUMENTS FOR DEVELOPER AWARDED PROJECTS Pagel of 7 1 SECTION 00 0010 2 TABLE OF CONTENTS 3 DEVELOPER AWARDED PROJECTS 4 5 6 Division 00 - General Conditions 7 09 11 .31 Invitation to Bade,.& 8 0041 12 lnefHetioas to Bidders 9 00-4109 Bid 10 00 42 43 Proposal Form Unit Price 11 09 13 l Bid Ben 12 00 45 11 Bidders Prequalification's 13 00 45 12 Prequalification Statement 14 0911 '.,3 Bi 15 00 45 26 Contractor Compliance with Workers' Compensation Law 16 17 00-52 `? Agr-eemeat 18 A4A Agreement Form 19 00 61 25 Certificate of Insurance 20 00 62 13 Performance Bond 21 00 62 14 Payment Bond 22 00 62 19 Maintenance Bond 23 9942-0J General Conditions 24 00-7"0 SirConditions 25 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded 26 Projects 27 28 Division 01- General Requirements 29 01 1100 Summary of Work 30 n t�0 S `ak.., ien D..,,eedt es 31 01 31 19 Preconstruction Meeting 32 0131 0 Pfejeet Meet_ g 33 01-3216 34 0" 'l? Pro, .,s+...,,Aen Vide 35 01 33 00 Submittals 36 01 35 13 Special Project Procedures 37 01 45 23 Testing and Inspection Services 38 01 50 00 Temporary Facilities and Controls 39 01 5526 Street Use Permit and Modifications to Traffic Control 40 01 57 13 Storm Water Pollution Prevention Plan 41 91 SF 13 T 42 01 60 00 Product Requirements 43 01 66 00 Product Storage and Handling Requirements 44 01-70-0J 'Mobilization 45 0171 2 Q) ffi,,-..etieR e}.,kifig 46 01 74 23 Cleaning 47 01 77 19 Closeout Requirements 48 01 78 23 Operation and Maintenance Data 49 01 78 39 Project Record Documents CITY OF FORT WORTH McKelvey Cole Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised September 1, 2015 00 00 10- 2 PROJECT RECORD DOCUMENTS FOR DEVELOPER AWARDED PROJECTS Page 2 of 7 1 2 Technical Specifications which have been modified by the Engineer specifically for this 3 Project; hard copies are included in the Project's Contract Documents 4 5 NONE 6 Division 02 - Existing Conditions 7 92 11 '12 Egleeti Site De el;t; 8 0241 11 Utility 9 9241_ S5 Paving Refnsv4 10 11 Division 03 - Concrete 12 03 30 00 Cast -In -Place Concrete 13 0341 _L' t oiled & o-,v St fength Material (C SA14 14 93-34 16 15 9-349-00 Medifieati6t2S to IuAVrg Gefier.ete Stmetures 16 17 Division 26 - Electrical 20 2- 6955M, -RaS 21 2605 3 VC-1 .a Doetn and Raeo . ays for- T-.leetFie l Systeff 22 23 Division 31 - Earthwork 24 31 10 9 Site -Clearing 25 3!23 16 Ur2'-ma;f a >J..,..,v do 26 34-2-3-23 RaFfew 27 28 21�9J Embafl4ffnefits 29 31 25 00 Erosion and Sediment Control 30 3136 99 gabiefis 31 31 37 00 Riprap 32 33 Division 32 - Exterior Improvements 34 3201117---P&-,qmAnw.: Asphalt Paving Repa 35 3-2-J1 M slaffAG1rk.dt11:!Ang Repa 36 32-9 49 37 4244-23 Flexible Base Courses- 38 32 11 29 Lim TY-eatedBasc Wi ses 39 32-14-22,2- gement Treated Base Dour-ses 40 321216 Asphalt It -Pa i,.R 41 32-12-,73 42 32 13 1, 3 Geft.irru 1_ wAng 43 324-3-29 9, 44 32 4,7 45 32141E 11rizh Vk-.it %•:4F1g 46 -3-2-41 13 CORefete ficrt "c GUffe s and Valley Guae.- 47 324-7-23 '_-v,.,,,eat Ma.16ffgs 48 32 33 1-1 3 Chain Link lrenees and (`_..te 49 3231 5 `XA. Uo..— .,,,a Gates 50 32312 Wo .a >;o,, �� CITY OF FORT WORTH McKelvey Cole Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised September 1, 2015 00 00 10- 3 PROJECT RECORD DOCUMENTS FOR DEVELOPER AWARDED PROJECTS Page 3 of 7 1 34-32 13 QA- t in Plato n,. „rate net.,;. ift Walls 2 3-291 1 9 T PlaeeffiefA and Finishing of PaFlevvays 3 32 92 13 Hydro -Mulching, Seeding, and Sodding 4 32 93 43 Trees and Shrubs 5 6 Division 33 - Utilities 7 33 01 30 Sewer and Manhole Testing 8 33 01 31 Closed Circuit Television (CCTV) Inspection 9 3--0349 133yp 3 ping of Existing Sewer- Systeffis 10 33-04--9 tin: Bender iW 3,391ation 11 33-01 1 1 9 ffesio Ge tFel Test Stations 12 334)443 Magnesium 13 -33-�04t 0 14 34-0440 gleaning and A eeeptanee Testing of Water Mains 15 33 05 10 Utility Trench Excavation, Embedment, and Backfill 16 334)543 17 33 05 13 Frame, Cover and Grade Rings 18 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 19 33-05 if C,..,,.rete W ter VaWtS 20 33 05 17 Concrete Collars 21 33 05 20 Auger Boring 22 33 95 ! Turxx::� T inm D.l� 23 33 05 22 Steel Casing Pipe 24 3--05-22 1&xidT-umeling 25 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 26 33 05 26 Utility Markers/Locators 27 33 05 30 Exploratory Excavation for Existing Utilities 28 33 11 10 Ductile Iron Pipe 29 33 11 11 Ductile Iron Fittings 30 394442 D 31 3.3'11�2 , Steel Cylinder- Typee 32 32 11 11 l3uFied Steel Pipe and Fittings 33 Z 11 15 p` 34 33- 1219 `V te.. cA--P', ees 1 iaPC-h t -2 ;.,e 35 3312 1-1_ L ute s 36 334-2--29 Rssifie.,t ce.,tea Gate Valve 37 3344-21 NVAVA Rubber Seated BtaeAy Valve& 38 334-2Q5 39 33 1239 Gembinatieft Air- Valve Assemblies for- notable Water- Systems 40 334-2-40 aT 41 331250 AV -at r- Sample Statiens 42 334-2--60 )?Z,,W Off Valves 43 1 31 12 G„re,a in Place Pipe (rron) 44 3331 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 45 3v 31_ L LIJ Fx im&k.aff Sewers (Ck .,:t.. and Far- .e „Rains) 46 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 47 33 31 1 D litr1ts,-8ewef4?-* 48 33-34-2-2 ✓aeitapf-Sewer SHP ✓ming 49 33•-31�3 50 33-315A CITY OF FORT WORTH McKelvey Cole Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised September 1, 2015 00 00 10- 4 PROJECT RECORD DOCUMENTS FOR DEVELOPER AWARDED PROJECTS Page 4 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 33-31-70 Ccr*r_r►ti^ -far Ear_itar; 9eweF zeK- "&&ia 33 39 10 Cast -in -Place Concrete Manholes 33-39-20 nr--Ga t �*o ra .,� 33-39-30 Fiber -glass Mleles 33-39-40 Wastewater- Aeoess Chamber- OW -AG) 33 39 60 Epoxy Liners for Sanitary Sewer Structures 33-4 -40 R ' 33-11 !1 �>DE Stefffi Sewer- Pipe 33 46 0 Sat &aieage 33-4r)-9 Emitted-&Vi-m ?lei D 33-4" TrcrA\k Drain* 33 4919 grit i Dl..eo 11Q.,„l.eles a -ad Tu etio Bo*es 33-49-30and Dfep Inlets l St9fm Drainage Headwalls and W4agwallr, Division 34 - Transportation 34-44 40 ' nffic- lals ?A11_L D 34-41-W Reams} 3,k1=xs*,.-,rAien Assemblies 34-44-30 mufflinum sigas 3471 13 Traffic Control Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC--..Qf 'R. GG 6.0IV-age Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements 37 END OF SECTION CITY OF FORT WORTH McKelvey Cole Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised September 1, 2015 00 42 43 _ DAP - BID Proposal Page 1 of 1 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Offsite Sanitary Sewer Improvements to Serve McKelvey Cole Tract UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Specificati Unit of Bid IBidlist Item Description on Section Unit Price Bid Value i Measure Quantity UNIT I: SANITARY SEWER IMPROVEMENTS S.01 0241.0500 REMOVE FENCE 02 41 13 LF 810 8.00 $ 6,480.00 �r S.02 3125.0101 SWPPP > 1 ACRE 31 25 00 LS 1 5,500.00 $5,500.00 S.03 3231.0211 BARBED WIRE FENCE W/ METAL POSTS 32 31 26 LF 810 9.00 $ 7,290.00 i S.04 3292.0201 UTILITY SERVICE SURFACE RESTORATION 32 92 13 SY 93467 0.60 $ 56,080.20 SEEDING S.05 3301.0002 POST -CCTV INSPECTION 33 01 31 LF 11131 1.00 $ 11,131.00 S.06 3301.0101 MANHOLE VACUUM TESTING 330130 EA 25 138.00 $ 3,450.00 S.07 3305.0103 EXPLORATORY EXCAVATION OF EX. UTILITIES 33 05 30 EA 16 3,007.00 $ 48,112.00 S.08 3305.0109 TRENCH SAFETY 33 05 10 LF 10519 1.00 $ 10,519.00 S.09 3305.0110 UTILITY MARKER 33 05 26 LS 1 3,215.00 $3,215.00 S.10 3305.0112 CONCRETE COLLAR 33 05 17 EA 25 1,008.00 $ 25,200.00 S.11 3305.0113 TRENCH WATER STOPS 33 05 15 LF 10 1,308.00 $ 13,080.00 S.12 3305.0202 IMPORTED EMBEDMENT/BACKFILL, CSS 33 05 10 CY 11 75.00 $ 825.00 S.13 3305.1108 48" CASING BY OTHER THAN OPEN CUT 33 05 22 LF 321 1,058.00 $ 339,618.00 S.14 3305.1109 54" CASING BY OTHER THAN OPEN CUT 33 05 22 LF 291 1,166.00 $ 339,306.00 S.15 3305.3012 30" SEWER CARRIER PIPE 33 05 24 LF 202.00 $ 64,842.00 � 321 S.16 3305.3013 36" SEWER CARRIER PIPE 33 05 24 LF 244.00 $ 71,004.00 291 33 11 10, S.17 3331,4208 12" SEWER PIPE 33 31 12, LF 67.00 $ 4,020.00 33 31 20 60 S.18 3331.4317 24" SEWER PIPE 33 11 10, LF 92.00 $ 93,196.00 33 31 13, 1013 CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM- DEVELOPER AWARDED PROJECTS 00 42 43 Bid Proposal - DAP.docx Form Revised April 2, M4 2014 00 42 43 DAP - BID Proposal Page 2 of 1 333120, I 333121 331110, S.19 3331.4401 30" SEWER PIPE 33 31 13, LF 115.00 $ 515,430.00 333120, 333121 4482 33 11 10, S.20 3331.4414 36" SEWER PIPE 33 31 13, LF 145.00 $ 719,790.00 333120, 333121 4964 ~ I S.21 3339.0001 WARREN MANHOLE LINER 33 39 60 VF 259.00 $ 139,083.00 537 S.22 3339.1101 5' MANHOLE 33 39 10, EA 11,223.00 $ 280,575.00 33 39 20 25 S.23 3339.1103 5' EXTRA DEPTH MANHOLE 33 39 10, VF 300.00 $ 116,100.00 33 39 20 387 S.24 3136.0102 LARGE STONE RIPRAP, DRY 313700 SY 119.00 $ 96,271.00 809 S.25 9999.001 MANHOLE VENT EA 6,610.00 $ 39,660.00 6 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $ 3,009,767.20 1 l•r so ON CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM— DEVELOPER AWARDED PROJECTS 00 42 43 Bid Proposal — DAP.doac Form Revised April 2, 2014 .. 00 42 43 DAP • BID Proposal Page 3 of I BID SUMMARY UNIT II: SANITARY SEWER IMPROVEMENTS $3,009,767.20 TOTAL CONSTRUCTION BID: $3,009,767.20 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 90 working days after the date when the CONTRACT commences to run as provided for in the General Conditions. WRIGHT CONSTRUCTION CO., INC. w CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM— DEVELOPER AWARDED PROJECTS Form Revised April 2, 2014 w 00 42 43 Bid Proposal — DAP.docx 01 78 39 - 1 PROJECT RECORD DOCUMENTS EW 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 Page 1 of 3 SECTION 00 45 11 BIDDERS PREQUALIFICATIONS 1. Summary. All contractors are required to be prequalified by the City prior to submitting bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder Prequalification Application in accordance with the requirements below. The prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. The information must be submitted seven (7) days prior to the date of the opening of bids. For example, a contractor wishing to submit bids on projects to be opened on the 7th of April must file the information by the 31 st day of March in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's Prequalification Application, the following must accompany the submission. a. A complete set of audited or reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements, if any b. A certified copy of the firm's organizational documents (Corporate Charter, Articles of Incorporation, Articles of Organization, Certificate of Formation, LLC Regulations, Certificate of Limited Partnership Agreement). c. A completed Bidder Prequalification Application. (1) The firm's Texas Taxpayer Identification Number as issued by the Texas Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/taxi)ermit/ and fill out the application to apply for your Texas tax ID. (2) The firm's e-mail address and fax number. (3) The firm's DUNS number as issued by Dun & Bradstreet. This number is used by the City for required reporting on Federal Aid projects. The DUNS number may be obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification. These resumes should include the size and scope of the work performed. e. Other information as requested by the City. 2. Prequalification Requirements a. Financial Statements. Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a certified copy be submitted for consideration. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 McKelvey Cole Infrastructure CPN# 101118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 017839-2 PROJECT RECORD DOCUMENTS Page 2 of 3 (2) To be satisfactory, the financial statements must be audited or reviewed by an independent, certified public accounting firm registered and in good standing in any state. Current Texas statues also require that accounting firms performing audits or reviews on business entities within the State of Texas be properly licensed or registered with the Texas State Board of Public Accountancy. (3) The accounting firm should state in the audit report or review whether the contractor is an individual, corporation, or limited liability company. (4) Financial Statements must be presented in U.S. dollars at the current rate of exchange of the Balance Sheet date. (5) The City will not recognize any certified public accountant as independent who is not, in fact, independent. (6) The accountant's opinion on the financial statements of the contracting company should state that the audit or review has been conducted in accordance with auditing standards generally accepted in the United States of America. This must be stated in the accounting firm's opinion. It should: (1) express an unqualified opinion, or (2) express a qualified opinion on the statements taken as a whole. (7) The City reserves the right to require a new statement at any time. (8) The financial statement must be prepared as of the last day of any month, not more than one year old and must be on file with the City 16 months thereafter, in accordance with Paragraph 1. (9) The City will determine a contractor's bidding capacity for the purposes of awarding contracts. Bidding capacity is determined by multiplying the positive net working capital (working capital = current assets — current liabilities) by a factor of 10. Only those statements reflecting a positive net working capital position will be considered satisfactory for prequalification purposes. (10) In the case that a bidding date falls within the time a new financial statement is being prepared, the previous statement shall be updated with proper verification. b. Bidder Prequalification Application. A Bidder Prequalification Application must be submitted along with audited or reviewed financial statements by firms wishing to be eligible to bid on all classes of construction and maintenance projects. Incomplete Applications will be rejected. (1) In those schedules where there is nothing to report, the notation of "None" or "N/A" should be inserted. (2) A minimum of five (5) references of related work must be provided. (3) Submission of an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which the Contactor is seeking prequalification. The schedule must include the manufacturer, model and general common description of each piece of equipment. Abbreviations or means of describing equipment other than provided above will not be accepted. 3. Eligibility to Bid a. The City shall be the sole judge as to a contractor's prequalification. b. The City may reject, suspend, or modify any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 McKelvey Cole Infrastructure CPN# 101118 +w 1 2 3 4 5 6 7 8 017839-3 PROJECT RECORD DOCUMENTS Page 3 of 3 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid the prequalified work types until the expiration date stated in the letter. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 McKelvey Cole Infrastructure CPN# 101118 Mok 00 45 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 *w MR 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 -- Tvpe" box Drovide the complete maior work tune and actual description as provided by the Water Department for water and sewer and TPW for Davin2. NINE Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Wastewater Mains for New Wright Construction Co., Inc. 4/30/2018 no Development Open Cut (36" and under) The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Wright Construction Co., Inc. BY: Kyle Mars 601 W . Wall Street 40 Grapevine, TX _ 76051 -�(Signat e) TITLE: Vice President DACE: 3 _tS-_� Q M END OF SECTION M M M CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT —DEVELOPER AWARDED PROJECTS CPN# 101118 i Form Version September 1, 2015 do W M 01 78 39 - 1 PROJECT RECORD DOCUMENTS Page 1 of I SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 101118. 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. Im CONTRACTOR: Wright Construction Co., Inc MW Company 601 W. Wall MW Address Grapevine Texas 76051 City/State/Zip w Kyle Marsh By: rimy Signature: Title: Vice President (Please Print) THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Kyle Marsh , known to me to be the person whose name is subscribed to $e forle nine instrument, and acknowledged to me that he/she executed the same as the act and deed of ice es> ent for the purposes and consideration therein expressed and in i the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 20th day of March , 2018. DEB DONALDSON Notary Public *'* STATE OF TEXAS My Comm. Exp.1-24-2021 61k- 0 Notary Public in and for the State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 McKelvey Cole Tract CPN# 101118 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of 4 I 2 AGREEMENT 3 4 Contract as attached on the following pages between Forestar (USA) Real Estate Group, Inc. and Wright 5 Construction Co., Inc. for Off -Site Sewer Improvements. M MF ow CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised April 2, 2014 PM CONTRACT DOCUMENTS FOR McKelvey -Cole Off -Site Sewer EMPROVEMIENTS McKelvey -Cole Tract CffY OF FORT WORTH DENTON COUNTY, 1'rAAS OWNERWEVELOPER: Forester (USA) Real Estate Group, Ine. 14755 Preston Road, Suite 130 Des, TX 75254 (972) 341-291Z ENGINEER Dowdey, Anderson & Associates, Inc. 5225 Village Creek Drive, Suite 200 Tel: (972) 931-0694 Fax: (972) 931-9538 Attention: Tony Krauska, P.E. CONSTRUCTION CONTRACT Project No. 101021 265699940 50060.022.04 TABLE OF CONTENTS Page No. REMALS .....- ........................ 1 ARTICLE 1-DEFINITIONS .._..........._.............�..�._..... _ _..�.... 1 ARTICLE 2 - CONSTRUCTION .................. .....3 ARTICLE 3 - CONTRACT PRICE AND PAYMENT ._.....-_......._.....4 ARTICLE 4 - CONTRACT DOCUMENTS.................... ..._..._5 ARTICLE 5 - SURVEYS, STAKES, AND PIRtMHS ..-._ �.�.....____....... .S ARTICLE 6 - EXAMINATION OF JOB SITE ..._...._.. ..._.7 ARTICLE 7 - TESTING, INSPECTIONS AND CORRECTION OF WORIL __...-......�....7 - ARTICLE 8 - CHANGES IN WORK ........... .....8 ARTICLE 9 - TIME FOR COMPLETION: EXTENSIONS OF T D& ...... _8 ARTICLE 10 - USE OF LAND BY OWNER ....... .............. .. _ _..a,__...._ ...... _......... .-10 ARTICLE 11- TRAFFIC CONTROL AND CLEAN UP 10 ARTICLE 12 - SUBCONTRACTORS _. _................-._..... _.. _ ...... ....._... 10 ARTICLE 13 - PROTECTION AND CHARACTER OF WORKMM 11 ARTICLE 14 - PROTECTION OF PROJECT...___ ____12 ARTICLE 15 - INDEMNITY AGREEMENT ... _.......... _ .. _ .-...12 ARTICLE 16 - INSURANCE TO BE MAINTAINED BY C U- RACTiOR ...-13 ARTICLE 17 - NO WAIVER .... ................ ..._ _._.. .15 .� ARTICLE 18 - WARRANTY.. ....................... ...... _...-.. is ARTICLE 19 - TERMINATION OF CONTRACT BY OWNER .-....__..r. ARTICLE 20 - OTHER C?ONI`RACI'ORS....................... 17 f ARTICLE 21- ATTORNEY'S FEES ......................-...--.._.-....-.. ,..._.......-_...17 ARTICLE 22 - NOTICES ........ ... ....__.... .. ........................ ....... �_...._......._...... -.-.._.._... _........ 17 ARTICLE 23 - ASSIGNMENT'S ...................................... ..... ....... .....-......18 ARTICLE 24 - GENERAL PROVISIONS ....................... ........ _.... ........._.............._ 18 ARTICLE 25 -NON DISCRIMINATION ............................ .........._._ .._. ..... ......... ................19 - ARTICLE 26 -TAXES.......»............................................._....._...._ . ._...................................20 ARTICLE 27 - BOOKS AND RECORDS .................................. ........_.........._.............................._......20 ARTICLE 28 - ENVIRONMENTAL PROTECTION......... ....... ......... ......_................... 20 ARTICLE 29 - CFA...._....................................................... ......... ..._.._....... ..._.....................................21 ARTICLE 30 - MC LANDOWNER RIGHTS ...................... ..................-........-_..........23 SIGNATURE PAGE 24 i 26569994A 50060.022.04 TABLE OF CONTENTS, cowkwd LIST OF FITS r A i t_ -.,i x A IMPROVEMENTS 154.11: M ri2lli�11�; : i ii 1 Iii��l l��I�i►frM. Attachment 1 to EXHU31T B EXHIBIT' C SPECIFICATIONS EXHIBITI) ESTIMATED QUAiv t Y t usb AND UNIT COSTS SIT E SUPPLEMENTARY CONDITIONS EXHIBIT F INVOICING INSTRUCTIONS r.A n uw x G SURVEY STAKING PROVIDED BY OWNER EXHIBIT H INSURANCE REQUIREMENTS EXHIBIT I GEOTECEMCAL REPORT ri 2656"W3 MW.022.04 CONSTRUCTION CONTRACT TIHS CONSTRUCTION CONTRACT, referred to as this "Coniract�" dated as of the date on the Contract Signature Page by and between the "Owner" designated on the Contract Signature Page and the "Contractor" designated on the Contract Side Page is entered into with reference to the following recitals: A_ Owner holds title to the easement's rigs with respect to the land shown in the "Contract Documents" (as that term is bere�r defined). The land described is referred to as the "Premises". B. Owner desires to and is required to consbW the Improvements to be constructed on portions of the Premises pursuant to The terms of the CFA. The Improvements consist of the improvements described on Exhibit A to this Contract. C. In addition, Owner is also required to construct the Improvements to be constructed on portions of the Premises to serve property owned by Owner, as well as MC Landowner, r E L I to the terms of certain separate development agreements made and entered into by and between Owner and MC landowner. D. This Contract direedy benefits MC Landowner, and MC Landowner is acknowledged as an intended third party beneficiary of Contractor's obligations to be performed pursuant to this Contract and with certain rights to enforce this Contract as provided herein. E. Owner desires to engage Contractor and Contractor desires to be engaged as an independent contractor to pefonn the Work and omstruct the Improvements as hereinafter dese iibed. NOW, THEREFORE, in consideration of the mutual promises contained herein the parties hereto agree as follows: ARTICLE 1— DEFINITIONS 1.1 Whenever used in this Contract the following terns shall have the meaning hereinafter - set forth: 1.1.1 "Improvements" shall mean the improvements to be constructed by Contractor pursuant to this Contract as described in Exhubit A. 1.1.2 "Work" shall mean the labor, material, and service required by the Contractor to construct the Improvements. 1.1.3 "Contract Documents" shall mean and include the following documents to the extent that the documents have been prepared: 265699940 50060.022.04 C) This Contract (H) The Approved Project Dnrwings, Specifications, General Conditions and Special Conditions specifically referenced in this Construction Contract. (f he Special Conditions, if any, are attached hereto as ExInibit E and in � . ;, ..: r h herein by reference`); (iii) Project Manual For The Construction of Offshe Sanitary Sewer Improvements to Serve McKelvey -Cole Tint City Pmject No. l Ol 118; Sewer #56008-0700430-101118-OQ1480, dated on or about the date of this Contract (the "Project Manual`); (v) The terms and provisions of the easement documents granting Owner the right to perform the Work and construct the improvements as is applicable to any portion of the Premises. (v) All addenda and modifications incorporated into or otherwise expressly made a part of any of the documents enumerated above before execution of this Contract; and (n) Any modification, change order or written order for a change made or issued pursuant to the terms and conditions of this Contract ("Change Order") - An enumeration of the Contract Documents appears in Exhibit B to this Contract, and Contractor acknowledges that Contractor has received and reviewed all Contract Documents. The Specifications are attached hereto as Exhibit C and incorporated herein by reference. L I A `Engineers' shall mean the Design Engineer of Record and his authorized 1.1.5 "Governing Public Authority" shall mean the governmental authority such as: District, Village, Town, City, County, State and/or Federal government having —• jurisdiction over the Project whether it being public or private to include any and all ofthe Project's parts thereof. 1.1.6 "Subcontractor" shall mean any independent contractor having a direct contract with Contractor to fiunish equipment, materials, or labor, labor and materials, or labor and equipment for the Improvements. 1.1.7 "Construction Manager" shall mean the person designated by Owner, who shall be the Owner's agent for making decisions or giving approvals at the Project Site which may be necessary or prudent for the smooth flow of the Work. All notices 2 26569994v3 50060.022.04 regoir+ed to be given by Contractor to Owner in this Contract shall be deemed properly delivered to (honer when delivered to Construction Ma rwW and Contractor shall be entitled to rely on Cow Manager's inshuction and approvals. Owner shall have the right to change the Construction Manager at any time. 1.1.8 "Progress Payment" shall mean any installation of the Contract Price payable to _ Contractor in the manner specified herein. 1.1.9 `Project Site" shall mean those portions of the Premises reasonably required for Contractor's use in c � . L b'..: ; f ng the Improvements. 1.1.10 "CFA" shall mean the Community Facilities Agreement [CFA No. 2017-1201 (CFA") dated on or about the date of this Contract made and entered into by and between Owner and the City with respect to the Work. 1.1.11 "City" shall mean the City of Fort Worth, Texas, a municipal corporation. 1.1.12 `'SIC Landowner shall collectively mean McKelvey -Cole, L.P., a Texas limited partnership, and McKelvey -Cole IPO LP, a Texas limited partnership, having an address at do C.,,": Investment Company, 2808 Fairmount, Suite 100, Dallas, TX 75201, Atta Todd Petty, and their respective and assigns. ARTICLE 2 — CONSTRUCTION 2.1 Contractor shall furnish and/or perform, or, subject to Owner's right to approve any subcontractor as hereinafter set forth, cause to be famished and/or performed, all labor, materials and equipment, of every kind and description necessary to complete the work and construct the :.N � ;....ents in a first-class and good womanlike manner in strict accordance with the , .,;. —ents and provisions of the Contract Documents, the CFA and all applicable permits and laws. 22 Contractor shall prepare and submit, after instructions from Owner to commence, an estimated progress schedule for constructing the Improvements to be approved by the Construction Manager and Owner. 2.3 Contractor agrees to cooperate with the Construction Manager, as Owner's agent. The Construction Manager is authorized to give instructions, on Owner's behalf, to facilitate the smooth flow of work. 2A All drawings, specifications, descriptions, plats, field notes, reports, designs, samples and other documents or materials compiled or furnished by Contractor in the course of or as a result of performing the Work shall be the property of Owner and may be used by Owner for any purpose whatsoever at Owner's sole risk and expense. 265699903 50060,022.04 ARTICLE 3 — CONWRACT PRICE AND PAYMENT 3.1 Unit Price. Owner shall pay Contractor for each item of the Work a unit priory as shown in Exhibit D, aftwhed. to this Contract These unit prices shall be consAcred inclusive of allwodL AN such unit prices in the a b.-64L shall be referred to as the "Contract Price'. This work consists of delivery of the Contractual Improvements complete. 3.2 ProgF= Pavmentls. Co. .A.i, : may submit monthly progress billings for "Progress Payments" for one hundred pert (100'r6) of the value of the portion of the Work performed (mclt ding stored materials) during each monNy period, by following the "- format card , , L, . i, 1: , ; set fvrtli in Exhibit F, Invoicing Instructions_ Progress fillings shall be submitted to &c Construction Manager by the 25" day of the month. Subject to the provisions of this Article, ten percent (10%) of all Progress Payments shall be retained by Owner until C atractor's scope of work has been completed and accepted by the Owner and the G , ii, M ; �'; 6 Public Authority. Such statement shall be catr gonzed according to the code and unit item listing set forth on Eachibit D attached to Ibis Contract Sulu statement shall show the retained i.;,, .,:.rage. Subject to the aforesaid, Progress Payments will be made within thirty (30) days following Owner's receipt of Contractor" s statement Progress Payments for Improvements shall not be construed as evidence of of any part of ConhactWs work. Contractor agrees to fiunish, if and when required by Owner, payroll affidavits, receipts, vouchers, rdeases or claims for labor and material by Conntraac for and/or by subcontractors or other persons performing work or finnisirmg materiah to Contractor or any subcontractor, all in form of content of satisfactory to Owner Contractor agrees to reasonably Cooperate wi@r Owner in complying with the pr ovisioas in the CFA and all other agreements betwcm Owner and MC Landowner relating to the performance of the Work or any finding of The Work. Upon request by Owner and as part of the Work, Contrador may be required to execute such collateral assignments of this Contract and other documents as may be requested and reasonably actable to Contractor, and fiumsh reports, documents and support for payment which require information from the Contractor while performing the Work, to the City and MC Landowner as required pursuant to such agreement& Contractor shall also provide certifications as may be requested and reasonably acceptable to Contractor. 3.3 Withholdine of Payment. Owner may withhold from any Progress or other payment due -- Contractor under the therms of this Contract such amount as in the reasonable judgment of Owner shall be necessary to protect Owner from loss because of (i) defective work not remedied, (n) lien claims filed, or evidence presented to Owner indicating a reasonable �- probability that such claims will be filed, by persons or entities who supplied labor, materials, or equipment used in the construction of the Improvements, (iii) failure of Contractor properly to pay subcontractors and persons supplying labor, materials, or — equipment for use in the construction of the Improvements, (iv) damage caused by Contractor or its subcontractor, (v) reasonable evidence that the Rork cannot be completed for the unpaid balance due of the Contract Price, (vi) failure of Contractor to 265699940 50060.022.04 Lj substantially comply with the material terms of this Conrad. When the above causes have bow removed, payment shall be made for the amount withheld because of them. 3.4 Final Pavment. Final payment, constituting the entire unpaid balance of the Contract _ Price shall be made by Owner to Contractor when (i} the Contractor's Work has been (ally peribrmed and accepted by both the Governing Agency and Engineer, and (n) Contractor has feunished to, Owner a final affidavit, in the form attached hereto, that payrolls, bills for materials and equipment, payments due to subcontractors, and oar indebtedness connected wig the Work for which the Owner or the Owner's ,.. ., ,i� might be . ;,may �:. le or encumbered, have been paid or otherwise satisfied C 4 „ 1' agrees to obtain fien waivers from all Submatiactors on the Project. 4.1 The Contract Documents are intended to complement each other and any items required by any one such document shall be deemed to be required by all such documents. Any word used in the Contract Documents, or any of them, which has a well-known technical or trade meaning shall be domed to have been used in such document or documents in accordance with such meaning_ In the event of any conflict between different provisions of the Contract Documeuts, C. n . - shall advise Owner of such conflict and Owner shall direct Contractor how to proceed with regard to the matter about which there is such. confliil. Contractor shall maintain one complete set of the Contract Documents at th,e job site which shall be available to Ge Construction Manager at all times and upon which the Contractor shall record all change and field adjustments. 4.2 Contractor understands and acknowledges that the detailed information contained in the Contract Documents is shown or stated therein with as mach accuracy as could be obtained at the time such documents were prepared but that the exact accuracy of such detailed information is not guaranteed and the exact locations, measurements, and levels of the various items shown on the Contract Documents will be governed by the physical requirements of the Premises and the Improvements. 4.3 Contractor shall c;arefirlly examine all drawings and specifications for the Improvements before commencing lire construction hereof and promptly notify Owner in writing of any observed discrepancies in such documents before commencing construction, but Contractor shall not be responsible for verifying the accuracy or completeness of such drawings and specifications prepared by Owner's engineers, architects or others. -. ARTICLE 5 — SURVEYS, STAKES, AND PERMITS 5.1 Unless otherwise provided in the Contract Documents, Owner, at its own cost and -. expense, shall furnish all land surveys of the Premises required for the performance of this Contrail, including surveys showing the general location of any easements or public utility lines on the Premises, Owner shall install points, bench marks, and stakes on the ground which are described in detail in Exhibit G. "Survey Staking Provided by Owner" 26569994v3 50060.022.04 and incorporated herein by rekseoce. Cad ractor shall give Construction Manager at least twenty-four (24) hours prim notice of any sw& staking required by Contractor. 5.2 Contractor shall be. "* , -, Ile for all layouts not descabed in Exhibit G and shall protect .� and preserve the established reface points and shall make no changes of relocation or said points without the pnor written approval of Owner. 53 Contractor shall be liable for tie destruction or loss of any such bench marks, reference points, or stakes caused by the negligent or intentional ad or omission of Contractor or Contractor's employees, agents ✓es. S.4 Contractor shall secure all perinds fiat governing public authority at his expense for the proper execution of the Worms i � w ': 1 fees, if any, shall be paid by the Owner. 5.5 Contractor shall not enter property adjacent to the Premises for any purpose without obtaining written permission to do so fium the owner of such adjacent property, and shall provide written notice or evidence of same to Owner. Contractor shall be responsible for the preservation of all public property, wetlands, floodplains, trees, monuments, strums and improvements� along or adjacent to any street and/or right-of-way, from damages from Contractor's Work and shall use every precaution necessary to prevent damage of all monuments and , � Y � ; I maths until an authorized agent of Owner has witnessed or otherwise referenced dmr location and shall not remove them until directed. Locations or utilities shown in the Contract Documents are general locations only and Contractor shall be responsible for d-Ic minin& the precise location of any and all utilities on the Premises prior to commencing the Work_ Contractor shall also be responsible for calling for locations and locating existing utilities not documented or shown on plans. In the event Contractor shall disturb any landscaped or bandscaped areas while performing the Work, Contractor shall return those areas to their original condition prior to the Work being fiilly performed. Rectification of damage or destruction to the landscaping or hardscaped areas forming part of the adjacent properties shall be at Contractor's sole cost and expense. 5.6 Contractor shall at all times so conduct the Work as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work, and to insure the protection of persons and property. Roads or streets shall not be closed to the public except with permission of the proper authorities. Fire hydrants and water valves on or adjacent to the Work shall be kept accessible to fire- fighting equipment at all times. provisions shall be made by Contractor to insure the use of sidewalks and the proper fiu►ctioning of all gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed. Contractor is to advise Owner should any roads, streets or other existing improvements require closure. 5.7 Contractor shall provide and maintain such sanitary accommodations for the use of its employees and those of its subcontractors as may be necessary to comply with the requirements and regulations of the local and state departments of health and Owner. 26569994v3 50%0.022.04 ARTICLE 6 — EXAMMATION OF JOB SITE 6.1 Contractor has by careful examination ascertained ( tthe namm and location of the I U � :j, v w r ;. a u.,.." (ii) the surface conformation of the ground on which the improvements are to be constructed, (iir) the character, quality and gnaatity of the materials, equipment and facilities necessary to complete fie lopm, W , .;..L, aad (iv) the general and local obscrvable conditions pertaining to the L : �+ LI' L.: <,:"t.+. Contractor enters this Contract solely because of the results of such examination and not because of any representations perWrng to the Improvements or the c7omoction thereof made to Contractor by Owner or any agent of Owner and not contained in this Contract. Owner agrees that subsurface or other pr+escntly ualmown conditions may be encountered daring performance of the Work which may result in extension of time for completion and increase in compensation due Contractor. Contractor agrees to notify G 1 � J L. �, . promptly in writing upon encountering any such condition. Contractor will advise Owner in writing of the extent of the time delays and provide revised schedules of anticapat ud completion dates. ARTICLE 7 — TESTING, INSPECTIONS AND CORRECTION OF WORK 7.1 Should the Owner, the Contract Documents, or any law, ordinanoey or governing public authority require that any portion of the Work be tested or inspected, Contractor shall give notice to Owner (or Governing Agency if the Governing Agency is the inspecting body) when such portion is ready for such testing, inspection, or approval, or, if the testing, inspection or approval is to be made or given by a person other than Owner, of the time, place, and date when such testing inspection or approval is to be made or given. Should any portion of the Work be covered up before inspection has taken place, the " Contractor, at Contractor's sole cost and ems, shall uncover such portion of the Work for inspection as required by Owner or Governing Public Authority. 7.2 Owner or Governing Public Authority may request reexamination of any portion of the Work and Contractor must uncover such Work. Should such portion of the Work be found on such reexamination not to conform to the Contract Documents, Contractor shall bear the full cost of uncovering and replacing such portion. Should such portion of the Work on such reexamination be found to conform to the Contract Documents, Owner shall pay all costs of uncovering and replacing such portion. 7.3 Contractor shall promptly correct any portion of the Work that has been damaged or not performed in accordance with this Contract. If Contractor fails to make such corrections or fails to carry out the Work in accordance with this Contract, then Owner may give Contractor written notice to do so; and if Contractor fails within a seven (7) day period after receipt of such written notice to commence and continue correction and t performance with diligence and promptness, then Owner may, without prejudice to other remedies Owner may have, correct such deficiencies or perform such Work; in such case an Change Order shall be issued deducting from payments then or thereafter .. due to Contractor the cost of correcting such deficiencies or performing such Work. If 26569994v3 50060.022.04 payments there or thereafter due to Contractor are not sufficient to cover such amounts, Contractor shall pay the difference to Owner. Conhww shall be required to pay such differenm immediately upon written demand by Owner: ARTICLE 8 - CHANGES IN WORK 8.1 Without invalidating this contract and without notice to any surety or sureties on any _ bond or bonds required by Contractor, Owner may order modifications in the Work or may order additional work not shown in the Contract Documents to be performed by Contractor and such modifications or additional work shall entitle Contractor to extra Such modifications or extra work shall be authorized by a written Change Order, signed by Owner, such written Change Order to be executed prior to such modifications or extra work being comnmenced- 8.2 !f modifications in the Work or additional work not shown on the Contract Documents are authorized pursuant to Paragraph 8.1 above, such additional work or modification shall be ,, ;-I-- vil by Contractor and the cost thereof added to the Contract Price and paid by Owner upon completion of such additional work or modification. ARTICLE 9 - THE FOR COMPLETIONI: EXTENSIONS OF TAME 9.1 Owner shall give Contractor written notice to proceed and Contractor shall complete the work in the number of working days specified on the Exk-bit D of this Contract. Contractor shall provide Owner a schedule prior to commencing work. Contractor shall commence work on the Improvements in act with schedule and shall, unless delayed by one of the causes stated in P... Y L. 93, below, and documented as ` mentioned in Paragraph 9.4 below, work diligently and substantially continuously until completion of the Improvements. 9.2 A working day is defined as a calendar day not including Saturdays, Sundays, or those legal non -days as specified in the list prepared by the Owner for contract purposes, in which weather or conditions not under the control of the Contractor shall permit the - performance of the principal units of work underway for a continuous period of not less than seven (7) hours between 7:00 am. and 6.00 pz. A principal unit of work shall be that unit which controls the completion time o£this Contract Nothing in this definition shall be construed as prohibiting the Contractor from working on Saturdays if he so desires and permission of the .:rr. , ,.:ate government agencies has been granted. If Saturday or Sunday work is permitted, working time shall be charged on the same basis -- as weekdays. Where the working time is expressed as calendar days or a specific date, the concept of working days shall no longer he relevant to this Contract. 9.3 Substantial Completion. date shall be defined in this contract and/or any of its accompanying exhibits as the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 265699940 50060.022,04 FM 9A Fithear party, Contractor or Owner, may be excused for delays in the performance of this CaW ract eased by any intentional acts or gross neglect of the off, by any ads of any public enemy, by any acts of any governmental agency, by war or war defense conditions, by fines, by unusual delays in t ..Wf 6. LIZ.on, by labor disputes, or by any other carise resulting in May of the Work which is beyond such party's reasonable control. Each party shall use due diligence to avoid any such delay or default and to resume performance under this Contract as promptly as possible ai%r any such delay. 9.5 The completion date may only be ganged for a delay of one of the causes mentioned in Ps yy k li 93. Any claim for an extension in the completion date by Contractor shall be based on written notice and supporting data delivered to Owner within thirty (30) days of the of the delaying event giving rise to the claim. Owner may allow Contractor an additional period of time to ascertain and collect more accurate data; It � i i . L all claims for adjustment of the Completion Date shall be determined by Owner. 9.6 The complexion date will be extended in an amount equal to tune lost due to delays beyond the control of Contractor, if a claim is made therefore and,:' . I I I i, 1 by Owner, as provided in Paragraph 9.4, which approval will not be ,.,+.z iw..11 U�.ably withheld or delayed. 9.7 Uquidated Damages for Failure to Complete on Time: The time of completion is the essence of this Contract. At the Owner's sole discretion, for each calendar day that any work shall remam uncompleted after the time specified in the Proposal and this Contract, or time granted by the Owner, or as equitably increased by additional work or materials ordered afkr this Contract is signed, the sum per day given in the following schedule, unless otherwise specified in the special instructions, shall be deducted from the monies due the Contractor. Amount of Liquidated Damages (S) Amount of Contract (Sl Less than 5,000.00 60.00 Per Day 5,000.00 to 14,999.99 80.00 Per Day 15,000.00 to 24,999.99 100.00 Per Day 25,000.00 to 49,999.99 120.00 Per Day 50,000.00 to 99,999.99 250.00 Per Day 100,000.00 to 249,999.99 500.00 Per Day 250,000.00 to 499,999.99 750.00 Per Day 500,000.00 to 999,999.99 1,000.00 Per Day More than 1,000,000.00 1,250.00 Per Day 9 265699%v3 50060.022.04 The sun of money thus deducted for such delay, failure, or zun-completion is not to be considered as a penalty, but shall be deemed, taken, and treated as reasonable liquidated ._ damages, per calendar day that the Contractor shall be in default after the time stipulated on this Contract for completing the Work. The said amounts are fixed and agreed upon by and between Owner and Contractor because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner in such event would sustain; and said amounts are agreed to be the amount of damages which the Owner would sustain and which shall be retained f im the monies due, or that may become due, the Contractor under this contract; and if said monies be insufficient to cover the amount owing then. the Contractor or his surety shall pay any additional am �,:,:.ty due ARTICLE 10 — USE OF LAND BY OWNER 10.1 Daring of Improvements, Owner shall have the right to use such portion(s) of the Premises as may from time to time be deemed safe for such use by the Construction Manager. The use by Owner of any such portions) of the Premises shall not (i) constitute an acceptance by Owner of any Improvements which may have been constructed on such portion of the Premises by Contractor, (H) affect in any way the dates and fines when payments become due to Contractor from Owner under this Contract, or Cam) Prejudice Owner's rights under this Contract The I . r 6 :s shallbe deemed completed only when all Work under this Contract has been fully performed and a notice of completion of the I . , *, : ,;.. i.ents has been duly accepted in writing by Owner and C � 6 � ; 7,. 6 Public Authority which acceptance will not be unruly withheld or delayed. ARTICLE I I — TRAFFIC CONTROL AND CLEAN UP 11.1 Whenever the performance of the Work under this Contract creates a condition which could be hazardous to the public, Contractor shall take all necessary precautions and -- provide adequate means to protect those who must pass through, over or adjacent to the Work. Contractor will notice Owner in writing of such risk, 11.2 During the performance of this Courant, Contractor shall keep all property adjacent to the Premises five of all accumulated rubbish and waste materials caused by Contractor's operations in performing this Contract. On completion of the Improvements, Contractor promptly shall remove all such rubbish and waste materials, structures and all equipment used by it in performing this Contract fivm the Premises and adjacent If the Contractor fails to maintain and clean the Premises, the Owner may use the, : .1. . provided in Paragraph 7.3 and the cost shall be charged against the Contractor. ARTICLE 12 — SUBCONTRACTORS 12.1 Before subcontracting any portion of the Work, Contractor shall deliver to Owner a written list of the names of all persons and entities intended to be employed by Contractor as Subcontractors to work on Improvements. 10 265699940 50060.022.04 C_I 122 Should Owner have any objections to the employment of any person or entity named on the list of Stibcontra c tors delivered to Owner pursuant to the foregoing Paragraph, Owner shall serve written notice of such objection on Contractor within five (5) busin... days after the delivery of such list and Contractor shall substitute another person or entity acceptable to Owner in place of the person or entity to whom such objection was made. 12.3 Contractor shall not employ any person or entity as a Subcontractor on the LMgM 1. :,. `. du — that has been objected to by Owner. Failure of Owner to serve written notice on Contractor I to Paragraph 122 of any objections it may have to any person or entity named on the list of Subcontractors within five (5) business days after the delivery of such list to Owner shall constitute approval by Owner of the employment of such person or entity as a Subcotnhactor on the I , * d ,, w , L. d L.;.. Lb. 12.4 Contractor shall be as fully responsible to Owner for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by such Subcontractors as Contactor is for the ads and omissions of persons directly employed by Contractor. 12.5 Nothing contained in this Article or in any of the Contract Documents shall create a contractual relationship of any kind between any Subcontractor and Owner. ARTICLE 13 — PROTECTION AND CHARACTER OF WORIMEN 13.1 Contractor shall take all precautions for the safety of persons emp*yed to work on the Improvements and shall without limiting the generality of the L :: ; 0i - comply with all applicable provisions of any federal, state, county or municipal safety laws, ordinances, regulations, or building codes, to prevent injury to such persons while on, about, or adjacent to the Premises, (u) properly erect and maintain at all times such safeguards for the protection of persons employed to work on the Improvements as the conditions of the Work may require and (iii) conspicuously post such sigma as may be necessary to wam persons employed to work on the Improvements of all latent -- hazards !mown to and created by Contractor existing on the Premises. 13.2 Contractor shall at all times be responsible for the conduct and discipline of Contractor's employees and/or any Subcontractor or persons employed by Subcontractors. All workmen must have sufficient knowledge, skill, and experience to perform properly the work assigned to them. Any supervisor, foreman or workmen employed by Contractor or any Subcontractor who does not perform his work m a skillful manner or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of Owner, be discharged immediately and shall not be employed again in any portion of the Work without the approval of Owner. 26569994v3 500601M.04 ARTICLE 14 - PROTECTION OF PROJECT' 14.1 Contractor shall furnish and install at its own cost and expense such material and devices as are customarily fiumshed by sib contractors in the industry to protect the Improvements or any part thereof fi-om damage or destruction by rain, wind, or the elements prior to hill and final completion of the impror u:....". Contractor " be ramble for such n of the T , : �.. e� untilr.....:,yt�.,..:, by Owner. 14.2 In the event of an emergency endangering life or property, Contractor shall perform any work and shall furnish and install any materials and ,. ,,; i .-A necessary or prudent during the emergency. In all uses Contractor shall notify Owner of the emergency as soon as practicable, but it shall not wait for instructions before 'i ; � L'-''L , .g to properly protect both life and Yr" r W ; .) . Unless caused by Contractor, its employees, agents or Subcontractors, C,:, shall be entitled to reasonable compensation from Owner fx such materials or equipment firmished during any such emergency. 15.1 Contractor shall indemnify and hold harmless Owner, Owner's representatives, Owners lender (if any), Construction. Manages MC Landowner and each of the aforementioned parties' respective affiliated ..,.: '.es, , art�.��, members, successors, assigns, heirs, legal representatives, devisees, officers, shareholders, employees and agents ("indemmtees") from and against any and all claims, and liabilities, of any nature, kind or description, including, without limitation, court costs, attorneys' fees, costs of investigation, directly or indirectly arising out of, caused by, or resulting from (in whole or in part) the r �,. TL: ...ante of Contractor's work or the acts or omissions of Contractor's employees, agents, suL6..J"4...Lrs THIS INDEMNITY OBLIGATION SHALL INCLUDE SUCH CLAIMS, DAMAGES OR CAUSES OF ACTION, THAT MAY BE CAUSED OR ALLEGED TO BE CAUSED IN PART BY = THE NEGLIGENCE OR OTHER ACT OR OMISSION OF OWNER, CONSTRUCTION MANAGER, MC LANDOWNER, OR ANY OTHER INDEMNITEE. WHERE SUCH CLAIMS, DAMAGES, LOSSES AND EXPENSES ARE BROUGHT BY AN EMPLOYEE OR BORROWED SERVANT OF CONTRACTOR, AND SUCH CLAIMS ARE BARRED FROM BEING BROUGHT AGAINST CONTRACTOR UNDER APPLICABLE WORKERS COMPENSATION - LAWS OR PROPORTIONAL RESPONSIBILITY LAWS OR A JURY ISSUE IS REQUESTED BUT NOT GRANTED ON THE ISSUE OF CONTRACTOR'S CONTRIBUTORY NEGLIGENCE, SUCH CLAIMS SHALL BE DEEMED TO ARISE ONLY IN PART FROM THE NEGLIGENCE OF INDEMNITEES AND SUBCONTRACTOR AGREES TO INDEMNIFY THE CONTRACTOR, THE OWNER AND ALL INDEMNITEES FROM THE CONSEQUENCE OF THEIR OWN .., CONTRIBUTORY NEGLIGENCE. This indemnification shall not be subject to limitation by any policy of workers compensation or other insurance or damages payable or paid under any policy of insurance carried by contractor. The indemnity set forth above includes any claims, liabilities, fines, and/or remedial action required, including 12 265699940 50060.022.04 attorney's fees, including strict liability arising out of any actual or alleged injury to persons or property or contamination of the : � C1::.1:: w . whether from pollution, or otherwise and whether or not prosecuted by a governmental entity. Such indemnity includes any representation or action required in connection with any administrative proceedings wing out of actual or allegod damage to the environment, including, but not limited to, notification that any indemaitee may be a potentially responsible party for any actual or alleged damage to the r,':. � . =L The obligation for inde mity shall survive termination of this Contras#. THE INDEMNITY SET FORTH ABOVE SMALL INCLUDE, WITHOUT LIMITATION, ANY AND ALL PENALTIES IMPOSED ON ACCOUNT OF THE VIOLATION OF ANY LAW OR REGULATION, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY CONTRACTOR'S WORK CONTRACTOR SHALL (1) AT ITS OWN COST AND EXPENSE AND RISK, DEFEND ALL SUITS, ACTIONS OR OTHER. LEGAL PROCEEDINGS THAT MAY BE BROUGHT OR INSTITUTED BY A THIRD PERSON AGAINST OWNER, CONSTRUCTION MANAGER, THEIR AGENTS OR SERVANTS ON ANY SUCH CLAIM, DEMAND, OR CAUSE OF ACTION OR SUCH THIRD PERSON OR TO ENFORCE ANY SUCH PENALTY, (II) PAY AND SATISFY ANY JUDGMENT OR DECREE THAT MAY BE RENDERED AGAINST OWNER OR CONSTRUCTION MANAGER, THEIR AGENTS OR SERVANTS IN ANY SUCH SUIT, ACTION OR OTHER LEGAL PROCEEDINGS AND (III) REIMBURSE OWNER OR CONSTRUCTION MANAGER, THEIR AGENTS T AND SERVANTS FOR ANY AND ALL REASONABLE LEGAL EXPENSES INCURRED BY ANY OF THEM IN CONNECTION i nt ni; w i t ri. ARTICLE 16 — INSURANCE TO BE MAINTAINED BY CONTRACTOR 16.1 Contractor, at its own expense, shall procure and maintain in full force and effect during the performance of this Agreement and for one year thereafter, except as noted below, the following policies of insurance: 16.1.1 Statutory Workers Compensation Insurance and Employer's Liability Insurance with a minimum of $1,000,000 per (See Exhibit H) T 16.1.2 Broad Form Comprehensive General Liability including Completed Operations, Products Liability Premises and Operations, Contractual Liability, Personal Injury XCU, Broad Form Property Damage, Contractors' Protective, with a combined single limit of not less than $5,000,000 for each occurrence. (See Exhibit H) 16.1.3 Comprehensive Automobile Liability Insurance for all motor vehicles operated by -- or for Contractor, owned and non -owned, with a combined single limit of not less than $1,000,000. (See Exhibit H) 13 26569W4v3 50060.M.04 16.2 During the exp rms warranty period referred to in $ris Contrract, Contractor agrees to maintain said Comprehensive General L.iabdity Imo, including Completed Operations and Products Liability coverage. 163 Prior to commencement of the Work described in this Contract, Contractor agrees to deliver to Owner, MC Landowner and to Construction Maw', without expense to Owner or Carstruction Manager, a Certificate (on an Acowd form confirming coverage) from C �, c g .' s insurance companies which Shall eed*, when applicable, the following: 163.1 That each said policy is then in full farce and effect and die expiration date and limits thereof 163.2 That each said policy shall not be canceled or materially changed without ten (1 Q) days prior written notice to Owner or Construction Manager. 1633 That each of the Owner, MC Landowner and the Construction Manager is named as additional insured under each policy. 16.3 A That such insurance shall expressly provide drat "It is understood and agreed that the Owner and the Construction Manager may have or may procure for its own account non-contributing insurance widrmrt notice to this insurance company and without prejudice to this insurance. Any such insurance procured by the Owner shall not be called upon for contribution with the insurance afforded by this policy. This policy shall be considered primary insurance as to Owner, MC Landowner and to the Construction Manager in connection with the Work of the T insured arising out of or in connection with its Contract with Owner." 16.3.5 That the parties to the described policies of insurance hereby agree to irrevocably waive subrogation, claim or recovery against the Owner and the Construction Manager in connection with the work certified. 16.4 All of the insurance required to be procured and maintained by Contractor pursuant to Paragraph 16.1 shall be issued by insurance companies acceptable to Owner. When any required insurance, due to the attainment of a normal expiration date or renewal date, shall expire, the Contractor shall supply both the Owner, MC Landowner and the Construction Manager with Certificates of Insurance and amendatory riders or endorsements that clearly evidence the continuation of all coverage in the same manner, limits of protection, and scope of coverage as was provided by the previous policy. In the event any renewal or replacement policy, for whatever reason obtained or required, is written by a cagier other than that with whom the coverage was previously placed, or the subsequent policy differs in any way from the previous policy, the Contractor shall also furnish the Owner, MC Landowner and the Construction Manager with a certified copy of the renewal or replacement policy unless the Owner provides the Contractor with prior 14 265699940 50060.022.04 written consent to submit only a Certificate of Insurance far any such policy. All renewal and mpla ccui at policies shall be in form and substance satisfictory to the Owner and the C , ; ... � i.. ,..:on Manager and written by carriers ale to the Owner. Certificates of insurance required herein shad provide a statement confirming coverage of the Owner, MC Landowner and of the Construction Manager as an additional insured. Certificates issued "for informational purposes only" and "wbich confer no rights on the certificate holder", such as Acerd 24, will not be .:6�eJ6-t If the Contractor fails to purchase and maintain, or require to be purchased and mainlined, any insurance required herein, the Owner may, but shall not be obligated to, upon five (5) days writtennotice to the Contractor, pmdmc such insurance on behalf of the Contractor and shall be entitled to be reimbursed by the Contractor upon demand. ARTICLE 17 —NO WAIVER 17.1 Neither (i) payment to Contractor by Owner of the full Contract Price for any portion of the Work, nor (n) acceptance of the Improvements by Owner or any governmental agency having, jurisdiction shall relieve Contractor of liabil" for defective materials or worlmnanshig used in the construction of the Improvements or failure to construct the Improvements according to the � y � ,.. .:.tints of the Contract Documents or Change Orders. Acceptance by Contractor of any payment provided for in the Contract Documents shall be a representation by Contractor to Owner duit the portion of the Work required by the Contract Documents to be performed before such payment became due, has been completed by Contractor in accordance with The Cam Documents or Change Orders ARTICLE 18 — WARRANTY 18.1 Except as provided in any special guarantees contained in the Contract Documents or any guarantees by the manufacturers of any materials used in the construction of the Improvements, Contractor shall remedy any defects die to faulty materials or wodanansbip and shall pay for any damage to other work insulting therefrom which shall appear within the longer of (i) one (1) year after the date of completion of the particular Phase of Work, or (ii) the maintenance period required by the Yr, � � .;.ak Governing Public Authority if the Improvements are to be dedicated to public use. ARTICLE 19 — TERMINATION OF CONTRACT BY OWNER 19.1 Should Contractor commit any of the acts of default described in Paragraph 19.2 and should such act remain uncured for a period of ten (10) days after Owner gives written notice thereof to Contractor and Contractor has failed to take substantial actions during such ten (10) day period to cure such act of default, Owner may, without prejudice to any other rights or remedies given Owner by law, equity or the Contract Documents (i) 15 265699940 50060.022.04 terminate the sm iices of Contra under this Contract, CH) take r .. ear t.+..:,on of the _ T ,: , ; : W W and all materials located on the Premises for which Owner has made payable to the C ' (rii) complete the I : Y . � � r : (,,; by method Owner may doem expedient: 19.2 It shall be dcemed to be and constitute an act of default by Cxmtrasc for if C should: 192-1 File a petition in bankruptcy, or if a petition is filed against Contractor and such petition. is not dismissed within 60 days of its tiling. 1922 Mahe a general assignment for the benefit of Conhwtor"s 1923 Allow a receiver of Contractor's assets to be appointed because of Contractor's insolvency. 19.2.4 Refuse or fat, except as provided in Article 9 hereof entitled "TEME FOR COMPI.MON; EXTENSION OF TIME," to supply enough, t � � W I j skilled wod men or proper materials to complete the Improvements m the time specified in this ContexCL 192.5 Fad to make prompt payments to Sabcontradors, laborers, or ma tetialmen for labor performed on, or materials or equipment used in, construction of the Improvements.. 19.2.6 Disregard any law or ordinance relating to the L;. ...ents or the completion thereof, or 192.7 Otherwise commit a substantial violation of any material provision ofthe Contract Documents. 19.3 If, on completion of the Improvements by Owner the expenses incurred by Owner in completing the Improvements, including any compensation paid by Owner for supecvisorial services in completing the Improvements, exceed the unpaid balance of the Contract Price, such excess shall promptly be paid by Contractor to Owner, and if there is any excess of the unpaid balance of the Contract Price above such :..Y.:a in completing the Improvements, such excess shall promptly be paid by Owner to Contractor. 19.4 Should services of Contractor under this contract be terminated by Owner pursuant to Paragraph 19.1 before completion of the Improvements, Contractor shall promptly, within ten (10) days after service of written notice on Contractor to do so, remove all its equipment and supplies fi-om any property owned or controlled by Owner. Should Contractor fain to so remove its equipment and supplies, Owner may remove the same .� and store them at the cost and expense of Contractor. 16 265699940 50060.022.04 19.5 In addition to Owner's other rights and remedies under this Contract or available to Owner at law or in equity, Owner may elect to terminate this Contract for any or no reason as follows: 19.5.1 This Contract may be canceled and terminated at the option of Owner at any time during the term of this Contract upon thirty (30) days written notice to the C � � �n ; . , ("Notice of Cancellation'. In the event of such cancellation, the Contractor shall prat to the Construction Manager within ten (10) days aim Notice of Cancellation, a claim for final payment consisting of the actual amount due based upon the unit prices for Work set forth on Exhibit D completed through the thirty (30) day cancellation period. 19.5.2 Payment of such amount plus all retainage shall be made to Cortractor within thirty (30) days after the claim for payment is sent to the Construction Manager and the Contractor shall have no other claim against the Owner for such amount and agrees to execute a final lien release. ARTICLE 20 — OTHER CONTRACTORS 20.1 Owner reserves the right to enter into other contracts with other contractor(s) to perfomn other types of work on Sie Premises Contractor shall allow Owner, and any such other contractor(s� reasonable opportunity to stow equipment and materials of Owner and such other contractor(s) on the Premises, and to execute and perform =6 contracts, and Contractor shall propedy connect and coordinate the Work with that of Owner and other such contractor(s). 20.2 Where the successful r r L � t,- L 1s o � ze of the Contractor's Work is dependent on the proper performance of work under another contract let by Owner in connection with the — Improvements, Contractor shall observe the completed work performed under such other contract and promptly eve written notice on Owner of any observed defects therein which will interfere with the successful performance of the Contractor's Work. 20.3 Owner and other contractors shall each be responsible for any costs of repairing any damages each has caused to the bnprovements. ARTICLE 21— ATTORNEY'S FEES 21.1 Should any litigation be commenced between the parties hereto concerning the Improvements, any provision of the Contract Documents, or the rights and obligations of either in relation thereto, the pwvailing party in such litigation proceedings shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorneys' fees in such litigation proceeding. ARTICLE 22 — NOTICES 17 265699943 50060.022.04 22. l Unless otherwise specifically provided herein, all notices„ dads or other communication given hereunder shall be in writing and shall be deemed to have been duly given as of personal delivery, or if mailed, as of the second business day a$er mailing by united sates regiskmA or certified marl, retum receipt requested, postage prepaid, addressed as follows: If to Owner, to: Forestac (USA) Real Estate Group, Inc. 14755 Preston Road, Suite 130 Dallas, Teaas 75254 Tek (972) 341 2912 If to Contractor, to: Wright Cron Co., Inc. 601 W. Wail C.1e h! it Y , h 4, Tem 76051 Tel: (214) 315-9567 Attention_ Kyle Marsh or to such other address or to such other person as any party shall designate to the others for such purpose in the manner here ir>above set forth. Delivery to Construction Manager shall be deemed delivery to Owner: Other notices may be required to be given to MC Landowner pursuant to Article 30. ARTICLE 23 — ASSIGNMENTS 23.1 This Contract is for the person$" services of Contractor and Contractor shall not as - this Contract, without the prior written consent of Owner, which consent shall be in Owner's sole discretion and maybe —. , i.6.!,,, y,,bly or arbitrarily withheld. Any such assignment without Owner's prior written consent shall be null and void and deemed to be an act of default hereunder. ARTICLE 24 — GENERAL PROVISIONS 24.1 The Contract Documents c orilam the entire agreement between the parties relating to the transactions contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein_ 24.2 No modification, waiver, amendment, discharge or change of this Contract shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver, amendment, discharge or change is or maybe sought. 24.3 Time is of the essence of each obligation of each party hereto. is 265699903 50060.022.04 24.4 The use herein of (i) the neuter gender inductee the masculine and the feminine and (ii) the singular number indicates the plural, who the context so requires. 24.5 Captions in this Contract are inseded far convenience of reference only and do not define, describe or limit the scope or the intent of this Contract or any of the terms hereof 24.6 All exhibits referred to herein and attached hereto are a part hereof 24.7 All terms of this Contract shall be binding upon and inure to the benefit of and be :.IL.. .ble by the parties hereto and their respective legal a :.r.:.:; .d.�l: #, .,, successors and assigns; nothing in the foregoing provision shall be construed to alter the Article entitled "Assignments " 24.8 This Contract shall be construed and enforced in accordance with the laws of the State of Texas. 24.9 This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument ARTICLE 25 - NON DISCRIMINATION 25.1 Contractor hereby certifies that the Wok performed, produced, and/or furnished under this Contract has been or will be performred, L � d �', and/or furnished in fall and complete compliance with all applicable federal and state laws and regulations and amendments thereto, insofar as thay relate to nondiscrimination in employment including, among others, the Fair Labor Standards Act (29 U.S.C. Section 201 et seq.); the Equal Pay Act (29 U.S.C. Section 206, et seq.); Executive Order No. 11246 (Equal Employment Opportunity) effective October 24,1965, and all regulations of the Secretary of Labor promulgated thereunder; Section 503 of the Rehabilitation Act of 1973 (29 U.S.C. Section 793) and 41 C.F.R section 60-741.4 and Executive Order 117589; the Vietnam Era Veterans Readjustment Assistance Act of 1984 (38 U.S.C. -" Section 2021, et seq.) and 41 C.F.R. Section 60-250A and Executive Order 11701; Executive Order 11625 regarding utilization of minority business enterprises; Section 7 of the Defense Acquisition Regulation and Parts 1-7 of the Federal Procurement Regulations; Section 7-104.36(b) of the Aimed Services Procurement Regulations (ASPR) setting forth the minority business enterprises subcontractor program clause; Section 7-104.14(a) of the ASPR L::-g utilization of small business concerns; Section 1.805 of the ASPR labor surplus area concerns; Section 7.104.14(b) and 7-104.20(b) of the ASPR regarding small business and labor surplus subcontractors; Executive Order 1.2138 regarding utilization of female -owned business enterprises. - Contractor certifies that it does not and will not maintain any facilities it provides for its employees in the segregated manner, or permit the employees to perform their services at any location under its control where segregated facilities are maintained. Contractor agrees to execute, upon Owner's request, Owner's standard form of Certificate of 19 265699903 50060.022.04 Campliance with the United States Governincat's laws and regulating governing equal employment opportunity, the employment of the handicapped, and the employment of veterans of the Vietnam era, which Certificate of C,, , � y, �! g � t , as it may be reasonably revised, upon execution by Contractor shall become a part hereof without further rckrence thereto. Contractor further agrees that, upon Owner's request, Contractor will obtain identical certificates from proposed Subcontractors prior to the award of subcontracts if such subcontracts are not exempt from the provisions of the aforesaid laws and regulations and that Contractor will retain catificotions in its files. C � : : � . recognizes its responsibilities under the Immigration and Nadmatization Act as recently amended and agrees to comply in all respells with tha : ; .: ;. j ..eats of the Act as amended in so far as Contractor's employees are ARTICLE 26 - TAXES r 26.1 Contractor shall pay all federal, state, and local taxes hwhiding, but not limited to, sales, pnvilegc, use, contracting, and excise taxes owing by Camador in oonnection with payments made to Contractor for Contractor's � mice under this Contract. 26.2 If Owner subsequently pays any sales, privilege, use, eomMmA ing, or excise taxes as an Owner -Builder or Prime Contractor becaim of the sale or off -site , I; r , 1 1. L _eats perfomed or because the propertybmcfitted by such off -site improvements, Contractor will request refunds from the taxing authority of any taxes which it paid and for which Contractor would not have been liable if Owner had been Owner -Budder or Prime C , Contractor shall also, provided Owner paid such tax amounts previously to Contractor, at Owner's election, pay such refunds to Owner, credit refunds to Owner's account or execute a waiver of the right to a refand. ARTICLE 27 - BOOKS AND RECORDS 27.1 Contractor agrees to make, keep and maintain, in accordance with generally accepted accounting principles and practices consistently applied from year to year, complete books, records, invoices and records of payments relating to the Work while it is being performed. 27.2 For the purposes of audit Owner shall have the right to examine either directly or through its authorized .;,i,.;a: latives or agents, after at least three (3) days prior notice, during business hours and for a reasonable length of time, the books, records, and accounts of Contractor insofar as they are pertinent to this Contract Owner's right to inspection shall - not apply to the Contractor's trade secrets or other proprietary information designated and/or asserted as such. _ ARTICLE 28 - ENVIRONMENTAL PROTECTION 28.1 Environmental Compliance: Contractor shall comply with applicable laws, regulations, -. orders and guidance administered by the U.S. Eaovimnmental Protection Agency, the 20 26569994v3 50060.022.04 Teals Commission on Environmental Quality (TCEQ) and any local age.ncy(s) with jurisdiction. The matters covered by this paragraph inch&& without limitation, B of waste to air, water or land, solid waste disposal and management of at L 282 Compliance with TPDES: All work shall be performed in aeoordance with the temps and conditions of the general Texas Pollutant Discharge Eli mnnflon. System (TPDF..S) permit and the Storm. Water Pollution Prevention Plan specific to this pro, The Owner will be considered the Operator for the project. By signature of this Contact, the Contractor cerlfifiies: The Contractor shall be required to maintain all erosion control devices during the Work. The Contractor shall also immediately repair any erosion control devices damaged in the coarse of the Worm The Contractor shall adhere to all EPA, TCEQ and MS4 regulations and, ;. � [ : ;. Lcets pertaining to his activities during the tom of this eontraa 28.3 Jurisdictional Waters of the U-S.: Contractor shall respect all designated "Waters of the U.S." or "Wetlands" at or near the project during his course of construction. No vehicles, machinery, materials storage, fill, or excavation shall occur in these areas unless specified on fic plum if Contactor is unsure of "Jurisdictional Amu. , he shall notify the Owner's for clarification. ARTICLE 29 — CFA 29.1 Contrack%r ac imowledges that Contractor has reviewed and,, J of the terms and provisions of the CFA as the same relates to the performance of the Work and construction of the Improvements and agrees that (i) the Work under the Contract Documents includes all of the work necessary to fully complete the lmprovements (as such term is defined in the CFA), (ii) all costs for which the Owner is responsible under the CFA are included as a part of and subsumed by the Contract Price and under the Contract Documents, (iii) Contractor shall indemnify and defi nd Owner (and the other indemnitees as defined in the this Contract) for and with respect to all liability for which -- Owner is. w,.p „table under the CFA pursuant to the indemnification and defense obligations of Owner under the CFA, to the extent arising firm any act or omission of Contractor (and/or its employees, agents, representatives, shbcontactors and suppliers) in the performance of the Work or otherwise included in the indemnification and defense obligations of Contractor under the Contract Documents; (iv) each request for payment under the Contract Documents, with respect to portions of Work performed thereunder, shall include such certifications, waivers, releases and other materials required under the CFA; and (v) to the extent the CFA requires that Owner, Contractor or its subcontractors maintain insurance coverages or sureties more stringent than those required under the Contract Documents, then Contractor shall maintain such coverages and provide such sureties required under the CFA and Contractor acknowledges the cost thereof is included in and subsumed by the Contract Price under this Contract. Additionally Contractor -- acknowledges and agrees to comply with and perform all obligations of the Contractor 21 �. 265699940 50060.022.04 ow unxkx. the Project Manual as part of the Contract Documents, and, to dw extent the gams and previsions of the Pmjecd Manual set forth additional or more stringent covenants, cmIs or dons with respect to the Work the those set forth in the other Coate Documents, tom. Contractor shall perform and comply with such additional or more stringent Covenants,..' , W L J M L � eats or conditions in the Project Manual without any increase in the Cont radt Price under this Contract. 29.2 Comoliance with Additional CFA R K, . ., ;.: _ents. Without limiting any of the f c 6 agreements, Contractor aclmowledges and agrees to comply with the following specific terms and provisions from the CFA: To give 48 hours advance notice of intent to commence construction tion to the Cws C ,, L elf , w : = Services D isioon so that City inspection Y i. '..h . , L ,el will be available; To allow the construction to be subject to inspection. at any and all times by City inspectaon fates, to not install or relocate any sanitary sewer, starnh drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials bang used as maybe byftCity, To delay connections of buildings to service lines of sewer and water mains constructed under this Contract, if any, until said sewer and water mains and service limes have been completed to the satisfaction of the Water Department; To indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, suits or causes of action of any nature whatsoever, whether- real or asserted„ brought for or on account of any injuries or damages to persons or property, including death, resulting from, or in any way connected with, the construction of the Improvements, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City, its officers, servants, or employees; To indemnify, and hold harmless the City for any losses, damages, costs or expenses suffered by the City or caused as a result of Contractor's failure to complete the Work and construct the Improvements in a good and workmanlike manner, free from defects, in conformance with the Policy for the Installation of Community Facilities dated March 2001, approved by the City Council of the City, as amended, and in accordance with all plans and specifications; and Further, the City shall have the right to enforce this Contract as an express intended third party beneficiary of this Contract, and upon completion of all work associated with the construction of the Improvements, Owner will assign to the City a non-exclusive right to enforce this Contract along with an assignment of all warranties given by the Contractor. 22 2656"%Y3 50060.022.04 ARTICLE 30 — MC LANDOWNER RIGHTS 30. If the Owner defaults in malting any payment or in perfomning any other obligation under this Contract, the Contractor shall promptly give MC Landowner written notice dmwfto T the addresses set forth below. If the Owner defaults in its obligations to the Contractor under this Contract, MC Landowner may elect to have the Contractor continue to pedonm work under this Contract by delivery of notice to the Contractor within thirty (30) days after receipt of notice of the Ownees default. Upon delivery of such notice by MC Landowner to Contractor and correction of all then existing monetary defaults for which MC Landowner has romved notice from Contactor, the Contractor shall continue performance at MC Lamdownees discretion under this Contract in accordance with the terms and provisions hercot: Notices to MC Landowner shall be sent to the following addresses: MC Landowner cio C-1. L...L A I Ij Investment Company 2808 Fairmount, Suite I M Dallas, TX 75201 Attn: Todd Petty Fax: (214) 88"188 With a copy to: ` Condon Tobin Sladek Thornton PLLC 8080 Park Lane, Suite 700 Dallas, TX 75231 Attn: David N. Condon Fax: (214) 691-6311 23 265699940 SOO60.022.04 M The Parties berets have caused this Contract to, be awculted as of the date set forth below. Fob (USA) Real Estate Group, he Date: Mr9 By. Name- Thomas H. Burleson %.MIIiVI V4,w Viu.,'Jo,A Title: Witness or Attest: 1, 7 L,44� c i Wright Construction Co., Inc. Date: /01 BY Name: a Title: Witness or Attest:. �'�� 4, , 24 26569995Y2 50060.022.04 rArLYi A Sanitary Sewer lmprovemenLs for Qffsite Sanitary Sewer hnprovements to eve McKelvey Cole Tract, as shown on the City of Fort Worth stamped ,:, , , ' ;o 1 plans dated 1-16-2018 �. 1 by Dowdey, Anderson & Associates, Inc, and all issued revisions therealler. 25 26569Mv3 5W6O.O=.04 EXHIBIT B CONTRACT DOCUMENTS As of the date of this Contract, the Contract Documents consist of the following: 1. This Contract and all exhibits. 2. Construction plans for Offsite Sanitary Sewer Improvements to Serve McKelvey Cole Tract, as shown on the City of Fort Worth stamped approved plans dated 1-16-2018. 3. City of Fort Worth Specifications and Standard Details, which are published by the City M of Fort Worth. 4. Project Manual for the Construction of Offsite Sanitary Sewer Improvements to Serve McKelvey -Cole Tract City Project No. 101118. 5. The terms and provisions of the easement documents listed in Attachment 1 to this Exhibit B granting Owner the right to perform the Work and construct the Improvements as is applicable to any portion of the Premises. Owner has provided Contractor with copies of all such easement documents. 26 265699940 50060.022.04 _ ATTACHMENT I TO EJGMIT B FASEMIXr DOCUMENTS City Project No.101119 - Sanitary Sewer Improvement Plans Tract I No. Instrument ' u S501 Sanitary Sewer Easement SS01 Temporary Construction Easement SS02 Sanitary Sewer Easement SS02 Temporary Construction Easement SS03 Permanent Sewer Facility Easement SS03 SSO4 SSO4 SS05 SS05 SS06 SS06 SS06 Temporary Construc ion Easement City Maintenance Area my construction area Permanent Sewer Facility Easement Temporary Construction Easement Permanent Sewer Facility Easement Temporary Construction Easement Temporary Construction Easement Granted W AIL Investment, LP. AIL Investment, L.P. WPRR, LP WPRR, LP OLP Real Estate, Ltd., Jeffrey B. Judge, Bradley Judge, Erik Peterson and Kevin Peterson OLP Real Estate, Ltd., Jeffrey B. Judge, Bradley Judge, Erik Peterson and Kevin Peterson City of Fort Worth City of Fort worth M.T. Cole Family Partnership No. 2, LP M-T. Cole Family Partnership No. 2, LP McKelvey -Cole, LP. McKelvey -Cole, LP. McKelvey -Cole, LP. 27 RecordDF'- I 7, Denton County 2018-9508 j Denton County Denton County 2018 9515 Denton County Denton County 2019-9516 Denton County Denton County 2017-123950 No Easement PA*dred Denton County 201MS10 Denton County Denton County 2018 9517 Denton County Denton County 26569994v3 50060.022.04 rukt"11 C SPECIFICATIONS 1. All Sanitary Severer improvements shall be performed in accordance with the City of Fort Warfh, ,.endatiiions and moons. 2. All work dedicated to the City of Fort Worth shall be performed in accordance with City of Fort Worth Standard Construction Details and Specifications or to North Central Texas Council of C , , :. , .ents (NCTCOG7 Specifications and Standard Details as dictated by City. Questions , l hy, J . g City standards and specifications or North Central Texas Council of Governments Specifications and Standard Details should be rcfenW to the City of Fort Worth. 3. If a specification or detail is not provided for any portion of the Contractor's Work the Contractor shall notify the Construction ManagadOwner's Remove immediately before commencing said WodL 28 265699940 50060.022.04 Roietr LtiSn 6dcrenaF;o® Mdl6l ltem Na tnff l : SANTAUSEWEROMMOVEMENTS SM 0241JM LteaKra+< FENCE SA2 312SJM SWPPP>iACK SM 3231AM BAYAW VIM FENCE W/ METAL FO UTNHY SBWKESUWAMRESTORATION S,04 329 m[n SEEDING S.05 33OD002 F0SF-CCIVDGPECFQN SD6 33MMM MANHOLE VACUUM TESTING SA7 3305.0 M COU)SAMN EWAVATION OF EX OF ILME5 SM 33054109 TRENCH SAFETY S,09 3305 rn 10 LFIBJTY MAN" S.10 330SAM CUNIOEFECOLLAR S.11 3305.0113 TRENCHWATER STOPS S.12 3305A202 IMPOR DEMR[DMEKF/GACKRU.,CSS S.13 3305AM 418' CASING BY OTHER THAN OPEN CUT S.14 3305.1109 SV CASMIG Of OTHERTHAN OPEN CUT S.15 33053M 30' SEWER CARRIER PIPE S.16 33053013 36' SEWER CARRIER PIPE S.17 3331A2M 12" SEWER PIPE 5.18 333L4317 24' SEWER PIPE S.19 3331.4401 Xr SEWER PIPE an Sectioa oblaffft I Bidders tk* Price Propastl Bd Wine measixe 024113 LF 910 9.00 $ 6,480AC 3125 W LS 1 5500D0 $5—qw D 323126 LF B10 9m $ 7,290D0 329213 SY 93467 0.60 $ SGAWLX 330131 U, 11t31 1D0 $ llj3LG0 33 0130 EA 25 138A0 $ 3ASM 3305 30 EA 16 3p07AD 54$11M 330510 LF 10519 iD0 $10,519A0 33 OS 26 LS 1 3.215m $3,2.15, 00 330517 EA 25 1AMM $ 25,200.00 330515 LF 10 1,mg $13,080.00 330510 CY 11 75M 5 925-W 33 05 22 LF 322 1,058D0 $ 339,618.00 33 05 22 LF 291 L166M $ 339,306D0 33 05 24 LF 202AO $ 64,842.00 321 33 OS 24 LF 244.00 $ 72AMOD _ 291 331110, 333112, LF 67A0 $ 4,020.00 333120 60 331110, 333113, LF 92.00 $ 93,196.00 333120, 333121 1013 331110, 333113, LF 115.00 $ S1S,430.00 333120, 333121 4482 29 265699940 50060.022.04 33111Q Sa0 333IA414 3C' SEWER PIPE LF 14SA0 .� T19 7MW I 33 3120{ i i 33 32 22 4964 5.21 3339A07 WARtRFN N44MOLE UNfR ; 333960 VF 259AD S 139Amw 537 ' S-n 3339J 5' 14ANH OLE 3339 L0;EA 11,72100 $280 7SW 333920 � S23 3339MO 5° BMtA DEPTH Wl LE VF 3MA0 S 116,700�06 333920 397 5.24 3 MM LARGE STONE RH'RAP, DRY 3137 00 SY 1"AD S 96,27LW am C 25 9999AK MANHOLE VENT EA 6,W A0 S 39,660A)0 '.. 6 TOTAL tMff IN SANFIARY SEWER MMOVEMERi5 $ 3,009,MIO 140 Working Days to COmmDlete 30 26569994v3 50060.022.04 C'] EXHIBIT E SPECIAL CONDITIONS 1'iRUDOC(,IKENT ISSITE .SMCI"CAND HAPBEMOMM 0) EXCAVATIONiCOMPACT ION SPECIFICATION: All earthwork shall be performed �- m accordance with the City of Fort Worth recommendations and gK=fihcations for this project. All excavation quantities shall be defined as m place material (bank yards not true yards). 2_ GOVERNING PUBLIC AUTHORITY SPECIFICATION All wort dedicated to the Governing Public Authority shall be performed in accordance with their Standard C . Details and Specifications. Questions regarding Governing Public Auftmty standards and specifications should be referred to the City_ If a specification n not provided for any portion of the Contractor's work, the ContractDr shall notify the Engin= immediately before commencing said work. 3. OBSTRUCTIONS: Relocation of franchise poles and underground franchise utilities, and similar items will be performed by Owner, except where otherwise indicated. The Contractor shall coordinate and plan his work around such relocation or removal. 4. WATER FOR CONSTRUCTION: All water required shall be furnished by the Color at his expense_ Water shall be clean and potable. 5. EXCAVATION /13ALANCE: The Earthwork Contractor shall keep the Engineer informed of the work in progress during the excavation phase of suction so Engineer can make grading adjustments, if necessary. The intent is to complete the sift m a balanced cutifill condition, unless haul on or haul off has been previously approved or anticipated. Earthwork Contractor shall not leave the site until his work has been field surveyed for verification. It is the Contractor's responsibility to contact the Engineer for field verification. 6. DEWATERING. Dewatering, if required, is not included as a separate pay item and shall be included subsidiary to the bid items. Contractor shall make detemmnation of extent of dewatering necessary to complete the project in accordance with the plans and specifications. 7. ADJUSTMENT OF UTILITIES: It shall be the responsibility of the Utility Contractor to perform any necessary final grade adjustments to all appurtenances (valve stacks, manhole rims, fire hydrants, etc.) and for pouring any bloekouts required by the governing public authority. The Utility Contractor shall be. �r....�.�ble for providing false manhole bottoms, if required, and inlet protection during paving operations. The cost to perform this work shall be incidental to the bid items_ 8. INSPECTION FEES: The Owner shall be responsible for paying all inspection fees required by the governing public authority. Contractor shall be responsible for any fees related to inspector overtime and re -inspections. 3I 265699940 50060.022.04 9. PERMIT FEES: Cuatractar shall be responsible for all permit fixes, wMch may in Nde., but not limited to, batdi plant Permits, grading r:.....�C.+, water meters fix won, driveway permits, wall permits, fence permits, and other similar construction permits. 10. TESTING: The shall be responsible for g all testing repaired to complete his work andby the governing public aulliaaaty and the specisfications- 11 CLEANUP: Each Contractor shall be responsible for making a final cleanup of bis work befiare final acaeptanre by dw Owner. This cleanup shall include removal of all objectionable modes, debris, 1,, L, a .l utc., asphalt, or other construction materials; and in general, per*,; the premises in an orderly mariner and 12. CONCRETE BATCH PLANT: The Paving Contractor shall be -:ale for securing all local, state, and federal permits required for assembly and operation of a batch plant This includes, but is not limited to TNRCC air permit, EPA/TCFQIMS4 Storm Water Pollution Prevention Plan permit. The Paving Contractor shall pay all fees associated with the permuting and operation of the bate plant. The Paving Gnitractor shall fium sh copies of all permits to the Owner. i' 13. STORM WATER POLLUTION PREVENTION: The Contractor shall parepare a Storm Water Pollution Preveantion. Plan for the project and install or have installed as per contract, erosion control devices as necessary to comply with the plan and EPA/ PCEQ/MS4 guidelines. The Contractor shall provide inspections as required by the plan and EPA/TCEQ/MS4. It shall be the responsibility of each contractor to Protect all erosion control devices. Any erosion control damaged shall be immediately repaued. at the Contractor's expense. Contractors shall be responsible for protection of their fuel and other hazardous substances at the site. It is the Contractors obligation to secure any and all additional required permits and adhere to all requirements as set forth by, but not limited to, the EPA, TCEQ, and MS4 agencies. The Contractor shall clean strects of all materials upon demand of S WPPP Inspector or Owner's to maintain the project in good standing with EPA/TCEQ/MS4. 14. TREES: The Contractor shall protect trees as required by the approved Tree Mitigation Plans for Ofisite Sewer Improvements to save McKelvey -Cole Track Owner is .. responsible for Tree Planting specified in Mitigation Plan. 15. TREE DISPOSAL: Each Contractor is responsible for the disposal of all trees removed by their work. Tree disposal shall be included in all bid items, unless specified in the bid proposal. Trees shall be disposed of offsite, unless otherwise agreed upon in writing. .. 16. RECORD DRAWINGS: The Contractor shall furnish and deliver to the Engineer record drawings (i e. "as- built" plans) showing any and all field changes. The drawings shall be provided to Engineer prior to issuance of final Contractor payment. In lieu of record drawings, if no changes have occurred, Contractor shall submit a written document on 32 265699940 50060.022.04 Contr�s leftedicad, signed by Conttactnr Owner or OBficea stating that the project was budt s .. � � � . g to Engineers pines vA h no changes to pnojeet_ 17. BONDS: Contractor is responsible to pay for, and must pmvide A necessary bonding as required by the Owner, the City, and MC landowner. 33 265699940 500W.022.04 ... r EXMBIT F hWOICING INSTRUCTIONS 1. Invoices must include the Project Name, Invoice Date, Pay Application Number and be �, , ; :1 by tine items shown on Ealnbit D of this Contract 2. Retainage and cumulative billing data must be included on the invoice. 3. Original notarized partial and final lien releases in a fonmat I by the Owner must be submitted with all invoices (EXHIBIT I) 4. One (1) original invoice shall be submitted to the Constntdion Manager/Owner's Reprove and one (1) copy to the Engineer. The Construction Manager/Owner's Rotative dull forward the invoice to the Owner with a j,, �, . � ..ration for approval. The Constivction Manager/Owner's Representative will notify the Contractor of any discrepancies in billing prior to forwarding to the Owner. 5. Invoices shall be submitted by the 25P day of each month. 34 265699940 50060.022.04 r.AmmiL G SURVEY STAKING PROVIDED BY OWNER rIMDOCUMENPISMMSPECMCAAM MAYBE Ma j, ","-.i,o,o A one- ume survey sung shall be provided by the Owner's Surdeyor, which will include the following: 1. Set initial Construction control_ 2. Stake both sides of right-of-wayleasement of project at 100' stations for clearing pwpos- 3. Stake sanitary sewer alignment with flowline elevations at 50'interval& 35 265699940 50060.022.04 M 11 EXHIBU H Minimum Insurance Reauiremtents am (For Certiftaies of Insurance for Sub-Cmtractors) FORT SEAR INSURANCE REQUIR.0 ,lM �.K:.IGeneral liability a. Required runits L 51,000,000 per ocCurreme, BUPD combined ii. $2,OW,000 III the aggregate & Specific CDVCMV iftms: L Wlimm an ISO occurrence fomn CG 0001 or equivalent T nr- Blatt contractual of a type that providescoveragefor 4e: mN-:, u 9 J %. , J onprovisionsin this colotlacl iv. Indgm dco t contractors V. Products and completed :4 4 1' . 1. d. �.► vL Parsonal and advertising May AL Additional unsaved coverage m favor of For star Crmnp Im and its affiliated and subsidiary ad al insured ;.,.I CG 201011/95 or equivalent, fn r rubluy "arising out of" ougoiog and completed operations viri Coverage applies on a primary and non-contributing baste as new any other iosora we, detictible, or serf -insurance, available to the additional iasaseds iz- General ate applies separately to each project X. Waiver of aa'1:,1,.Y, 6% 1, _ in favor of the additional insured I Woes' Compensation Coverage (maybe waived if no empk*-m) a. Part A Worker's C ; . : y ; u . _ Statutory coverage in thejurisdiction where the prujcd is located b. Part B Employer's Liability limit i. Bodily Injury by accident $1,000,000 each accident iL Bodily Injury by disease: $1,000,000 each employee iii. Bodily Iajuuy by disease: $1,000,000 policy limit c. Waiver of sabrogation in favor of Forestar Group Inc. 3. Business Automobile insurance a Owned, non -owned, leased, bized and borrowed vehicles b. Cad single limit: S 1,000,000 per occurrence for BUPD 4. Umbfulla Liability a. Required limits i_ $5,000,000 per occurrence ii. $5,000.000 general aggregate b. To the fidlest extent permitted by law, Forestar shall be included additional insured c. Waiver of subrogation in favor of the owner and Additional Interested Entities d. Provide excess limits over the insurance in sections t and 3 above 36 26569994v3 50060.022.04 c. Cowaage available to the Add9iorW bdcmded des shall be at least as broad as that affor+dad ro Ibc fit umned insured and as broad as The coverW provided by to . , . l . W ,1 „insmawe 37 26569994A 50060.022.04 ADDITIONAL CONTRACTOR REQIl7RII1r>[EIiiTS 1. Nk) Contractor��yrsai1p`.�i:l � i V any wak o airy � vuld aR i i1 a i s VV Y M 1L11 � {��� �.L a dund of�..il,i,,,*,, , y., osytoF asaDfmmaodc�atr - hasbeenfilodwidi Fo r. The ACORD 25 Cede of Insurance (versim 2009101 or a&=) is the required f+acmr in all cases where reference is made to a Certificate of Insurance CeRr%d6e holder a KmW read: Forestlar Group liar. Atts: Rislr. MmagewAst 6300 Bee Road Ballding Tway Suite 500 Aesda TX 79746 2. lasu,ar a Companies. except Worl=% Cam carrier, must have an AAL Best Rating of A 5 or higher. 3. Should Contractor at any time ncgioct, refuse 60 psovW116 or CKMd die issuance required herein, Fa xA f shall have the right to either procure the same and deduct die cost from the amount payable under any applicable Purdue Order or tenninite any agreement with the Conftacioir fly. 4. Caottac to,r agues that if for any reason any n , I � — ,1 � I . i hired by Confroftr fogs to procure and min msuaanoe as requixed all such requi ed 1. ,Ir , , .. 6. shs11 be procured and maintained by Ca*actor at Cootrac Ws S. Tim Contractor —m.juRM2110W19l:Nlll1LIIiIIIl!141VIN1116.,11r1.L,lj,idoevrry subcontract wrthevery Su.., u,... rI.I.atflytier,and e ay,.11,.ull u.n r1u,lofanytiff isC1C1, to cowyVd&an.:,j�YulLWlu auuL 6. The Contrador sbaU make available to Forestar, its records or records of their insurer, .:1.i .1 : �I; reguJing a specific claim. Any Iris run inf nuabm available fiom the contractor or their inswer wffl be made available to Foaestar upon shear request. 7. Failure by Fanxtar to request 1. L�. W ..,n w ar other evil name of Bill : , 11 with these insurance or fa>'lnre by Fore,s ar to identify a deficiency is e+vi&wc dud is provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. ANY QUESTIONS REGARDING H(SURANCE COVEMGE SHOULD BE DIRECTED TO Insurancena forestarzrouo.com 38 265699940 50060.022.04 :.M't 60 11 : GEOTE WCAL REPORT ReportWo. W171165 rev2 by Alpha Testing dated June 12, 2017. 39 26569994v3 50060.022.04 EXHIBff J THE STATE OF TEXAS § COUNTY OF DENTON § CONDMONAL WAIVER AND RELFASE ON PROGRESS PAYMENT Project: McKelvey -Cole ORsite Seger Job #: Invoice #: The undersigned executes this on behalf of Wright Construction Co., Inc. ("Contrwtor'l who has contracted. with Forestar (USA) Real Estate Grouj. Inc. ("Owner") to furnish materials, supplies and/or labor r � : ; t to those certain agreements between Owner and Contractor (collectively, the "Agreements") and/or otherwise provided labor and/or materials in connection with certain improvements to real property located in City of Fort Worth in Denton County, Texas (the " T i 4*1"Ij . )» On receipt by the Contractor of this document of a check from Owner in the sun of $ payable to Contractor and when the deck has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to chin or payment rights for persons m the Contractor's position that the C. a� r has on the Property and Contractor agrees to indemnify and hold Owner, all future owners of the Property and all lienholders harmless from all claims and expenses (including attorneys fees) arising out of any unpaid mechanics and/or materialmen's claims, including suL �is,t.s,.ruY�, suppliers and/ormatenalmen who may file any liens against said Property for any services, labor or material delivered or performed in connection with the Property, whether or not related to the Agreements or the work performed on or for the benefit of the Property, by, through or under Contractor, [except for the Retainage Amount unless and until the Retainage Amount has been paid by Owner in accordance with the terms of the Agreement at which time Contractor's indemnity shall automatically extend to and also cover the Retainagc Amount] 40 265699940 50060.022.04 4 This release covers a progress payment for all labor, se mkwc , equipment, or materials finnisbed to the Property or to Fomstar MAI Real Estate Group. Inc. (pecsm with whom Contractor contracted) as indicated in the attached statements) or payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished. Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the Contractor. The Contractor warrants that the Conte has already paid or will use the fiords received from this progress payment to paompdy pay in full all of the Contractor's laborers, sabeouhactors, materialmen, and suppliers for all worlr, materials, equipment, or services pmvided for or to the above referenced project in regard to the attar lied statement(s) or progress payment request(s). Date: WRIGHT CONSTRUCTION CO., INC. By. (Authorized Representative) (Authorized Representative Title) THE STATE OF TEXAS ) COUNTY OF DENTON } SWORN TO AND SUBSCRIBED BEFORE ME on this the day of , 2016, by of Wri t Construction Co., Inc., to certify which witness my hand and seal of office. Notary Public, State of Texas 41 265699940 50060.022.04 THE STATE OF TEXAS COUNTY OF DENTON 1t OTIC IL - This docamsstt wan -es rights unconditionally and states Gist you have been paid for giving up thane rights. It is prob bited for a person to regn re you to sign this document ifyow have not been paid the payment amount set forth belum N you have not been paid, ase a conditional release fora UM a �i.aIf u n li a r. ,i,liAL WAIVER AM RF[L.11ASL ON F9 ALI PAYAI]U f Jexecutes this on behalf of Focestar (USA) Real Estate Camup, Inc_ ("Owner's who has conlracted with Wright Construction Co., Inc. ("CanThadoo to fimnish mauls, supplies r„ andlor l'9',1 a .,0 ,, I btho� canna at i. �b�etwem OOwwnw sad Corral c Canuakw (caRec tiv*, � -A . =/ of otherwise provided laborand/or materials m connection wit certam" .1 u L ' 1' r V 1 G C ! WI to real prWMy located at McKelvey -Cole Offsite Sewer (the "Pmpacty', oared by Faudar (USA) Real Estate Group, The 1 Contractor has been paid and has received a paymeat in the sum oft fur all IabM smvioes, : y I,1 ! 14 1 t, or materials famished to the Property or to Foredo (USA) Real F.stfe Croup, lac., on the Pm*mty. The Contractor thereforc waives and releases, any ; : ,L,j : 9 1 ul hearighh, mchadmg those granted by TCA § 66-11-101 et seq., any � from a payment bond dal with a slate or federal staurt ey any .� common law payment bond right, any claim for payment, and ogy rMbis under nay smu7ar ordinance, ruin, or statute rdated to claim or payment rights fix persons in the Canhackuls position lint Cartiactar has all the Property, and Contractor agrees to �. .1,, and hold General Con rackw, Owner, all fi ftm owners of the Property and aft ,.. lienholders harmless from all claims and expenses (mcladmg aftwu y's foes) ar sing out of any Enid I .. ' . .. ' Q' and%Or 's Claims, Including smbeonft=twi;, suppliers andlar matenalme n who may file may claims the Owner or General Contractor or liens against said Property far any services, labor or dal delivered or, : ;, 1 in connection with ft Property, whether or not related to the Agmeuents or drs wok perfamel on or for the benefit of the Pt peaty, by, through or under Conhac for , except for 1he RdaimW Amount unless and until the Ramie ge: Amy has been paid by Owner in woordance with the of the Agmement at which time Contract es udemnHy shall automatically extend tD and also cover the Retaioage Amount "ibis release covers payment for all labor, serviceaa, . "It 1,16, t, err materials famished to the Property of to Forester (USA) Red Esutr �Qr�Gr10up,,1I=, or any [ccll�8ammi8(TB� to such wo0rh�,a�mclluddin unbrr or changed Y J 14 , h I: L { 1 JI, hopal r % _ _ Z��'- � bme or o� ages, except A_ -_c"^�l pending ons and changes, or other items foraished. w The Contractor warrants that the Contractor has already paid all of the Contcac s laborers, SA u , (d A makrialmen, and suppliers for all wodr, mBlfC[1a)3„ 4 g � e o ii p,10 . u L i ,, or scrvim pmvld ed fx)r or to dw above . jf—,",..1 project in regard to the anwhed sus). w Date: BY THE STATE OF TEXAS COUNTY OF DEMON (Signature) (Tide) SWORN TO AND SUBSCRIBED BEFORE ME on this the day of _ 2018, by of Wright Construction Co., Inc., to certify which witness my hand and seal of office. Notary Public, State of Texas 42 26569"40 50060.022.04 �`� C(KG29737A — COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) i This endorsement modifies insurance provided under the foilowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART .. 1. The following Is added to SECTION 11 — WHO IS (a) The Additional Insured — Owners, AN INSURED: Lessees or Contractors — Scheduled Any person or organization that: Person or Organization endorsement a. You agree in a "written contract requiring In- CG 20 10 07 04 or CG 20 10 04 13, the Additional Insured — Owners, surance" to include as an additional Insured Lessees or Contractors — Completed on this Coverage Part; and Operations endorsement CG 20 37 b. Has not been added as an additional insured 07 04 or CG 20 37 04 13, or both of — for the same project by attachment of an en- such endorsements with either of dorsement under this Coverage Part which those edition dates; or includes such person or organization in the (b) Either or both of the following: the endomemenfs schedule: Additional Insured — Owners, Les - ' is an insured, but: sees or Contractors — Scheduled a. Only with respect to liability for'bodily injury", Person Or Organization endorsement "property damage" or "personal Injury"; and CG 20 10, or the Additional Insured — Owners, Lessees or Contractors - - b. Only as described in Paragraph (1), (2) or (3) Completed Operations endorsement below, whichever applies: CG 20 37, without an edition date of (1) If the "written contract requiring Insur- such endorsement specified; ance' specifically requires you to provide the person or organization Is an additional additional insured coverage to that per- insured only If the Injury or damage is son or organization by the use of: caused, in whole or In part, by acts or (a) The Additional Insured — Owners, omissions of you or your subcontractor in Lessees or Contractors — (Form B) the performance of your work' to which endorsement CG 20 10 11 85; or the ",w tten contract requiring insurance' (b) Either or both of the following: the apples; or Additional Insured — Owners, Les- (3) If neither Paragraph (1) nor (2) above ap- ' sees or Contractors — Scheduled piles: Person Or Organization endorsement (a) The person or organization Is an ad- CG 20 10 10 01, or the Additional In- ditional insured only if, and to the ex- sured — Owners, Lessees or Contrac- tent that, the injury or damage is tors — Completed Operations en- caused by acts or omissions of you or dorsement CG 20 37 10 01; your subcontractor in the perform - the person or organization Is an additional ance of your work" to which the "writ - Insured only If the Injury or damage arises ten contract requiring insurance" sp- out of your work" to which the "written piles; and contract requiring insurance" applies; (b) The person or organization does not (2) If the "written contract requiring insu- qualify as an additional insured with ance" specifically requires you to provide respect to the Independent acts or additional Insured coverage to that per- omissions of such person or organi- son or organization by the use of. zation. CG D6 04 08 13 0 2013 The Travele a Indemnity company. AN riphla reserved. Page 1 of 3 " COMMERCIAL GENERAL LIABILITY 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits of liability required by the written contract requiring insurance", the in- surance provided to the additional Insured will be limited to such minimum required limits of liability. For the purposes of determining whether this limitation apples, the minimum limits of liability required by the "written con- tract requiring Insurance" will be considered to include the minimum limits of liability of any Umbrella or Excess liability coverage required for the additional Insured by that "written con- tract requiring Insurance". This endorsement will not increase the limits of Insurance de- scribed In Section III — Limits Of Insurance. b. The Insurance provided to the additional In- sured does not apply to "bodily Injury", "prop- erty damage" or 'personal injury' arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and (2) Supervisory, Inspection, architectural or engineering activities. c. The Insurance provided to the additional In- sured does not apply to "bodily Injury' or "property damage' caused by "your work" and Included In the "products -completed opera- tions hazard" unless the 'written contract re- quiring insurance" specifically requires you to provide such coverage for that additional In- sured during the policy period. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance, whether primary, ex- cess, contingent or on any other basis. that is available to the additional insured. However, if the 'written contract requiring Insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis. this insurance Is primary to other insurance available to the additional insured under which that person or organization qualifies as a named insured, and we will not share with that other Insurance. But the insurance provided W the additional Insured by this endorsement still is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that per- son or organization Is an additional Insured, or is any other insured that does not qualify as a named insured, under such other insurance. 4. As a condition of coverage provided to the addi- tional Insured by this endorsement: a. The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result In a claim. To the extent possible, such notice should include: (1) How, when and where the "occurrence" or offense Wok place; (2) The names and addresses of any Injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim Is made or "suit" Is brought against the additional Insured, the additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. The additional insured must see W K that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must Immediately send us copies of all legal papers received In oon- nection with the claim or "suit", cooperate with us In the Investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. d. The additional Insured must tender the de- fense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional Insured by this endorsement Is primary W other insurance available to the additional Insured which cov- ers that person or organization as a named insured as described In Paragraph 3. above. S. The following Is added W the DEFINITIONS Sec- tion: "Written contract requiring Insurance" means that part of any written contract or agreement under which you are required to include a person or or - Page 2 of 3 020131rhe Travelers krdww ty Gortpany. Aw rights reserved. CG D6 04 08 13 KJ M ganization as an additional insured on this Cover- age Part, provided that the 'bodily injury' and 'property damage" occurs, and the "personal in- jury' Is caused by an offense committed, during the policy period aril: COMMERCIAL GENERAL LIABILITY a. After the signing and execution of the contract or agreement by you; and b. While that part of the contract or agreement is in effect. CG D6 04 08 13 0 2013 The Travelers kxWmtty Carpeny. AN 6" reserved. Page 3 of 3 C05G29737A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage Is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and Is not covered. A. Aircraft Chartered With Pilot H. Blanket Additional Insured — Lessors Of Leased B. Damage To Premises Rented To You Equipment C. Increased Supplementary Payments 1. Blanket Additional Insured — States Or Political Subdivisions — Permits - D. Incidental Medical Malpractice J. Knowledge And Notice Of Occurrence Or Offense E. Who Is An Insured — Newly Acquired Or Formed Organizations K. Unintentional Omission F. Who Is An Insured — Broadened Named Insured L. Blanket Waiver Of Subrogation —Unnamed Subsidiaries M. Amended Bodily Injury Definition G. Blanket Additional Insured — Owners, Managers N. Contractual Liability --Railroads Or Lessors Of Premises PROVISIONS INJURY AND PROPERTY DAMAGE LI- A. AIRCRAFT CHARTERED WITH PILOT ABILITY: The following is added to Exclusion g., Aircraft, Exclusions c. and g. through n. do not apply Auto Or Watercraft, In Paragraph 2. of SECTION to "promises damage". Exclusion f.(1Ka) I — COVERAGES — COVERAGE A BODILY IN- does not apply to "premises damage" caused JURY AND PROPERTY DAMAGE LIABILITY: by: This exclusion does not apply to an aircraft that a. Fire; is: b. Explosion; (a) Chartered with a pilot to any insured; c. Lightning; (b) Not owned by any insured; and d. Smoke resulting from such fire, explosion, (c) Not being used to cant' any person or prop- or lightning; or erty for a charge. e. Water, — B. DAMAGE TO PREMISES RENTED TO YOU unless Exclusion f, of Section I —Coverage A 1. The first paragraph of the exceptions in Ex- — Bodily Injury And Property Damage Liability clusion J., Damage To Property, in Para- Is replaced by another endorsement to this graph 2. of SECTION I — COVERAGES — Coverage Part that has Exclusion — All Pollu- COVERAGE A BODILY INJURY AND tion Injury Or Damage or Total Pollution Ex - PROPERTY DAMAGE LIABILITY is deleted. clusion In its title. 2. The following replaces the last paragraph of A separate limit of insurance apples to .. Paragraph 2., Exclusions, of SECTION I — "premises damage' as described in Para - COVERAGES — COVERAGE A. BODILY graph 6. of SECTION III — LIMITS OF IN- SURANCE. CG D3 116 111 1111 C 2011 The Travelers InderrinIty CAxqm ivy. ai rights reserved. Page 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- C. INCREASED SUPPLEMENTARY PAYMENTS TION III — LIMITS OF INSURANCE: 1. The following replaces Paragraph 1.b. of Subject to 5. above, the Damage To Prem- SUPPLEMENTARY PAYMENTS — COVER- Ises Rented To You Limit is the most we will AGES A AND B of SECTION 1 — COVER - pay under Coverage A for damages because AGE: of 'premises damage" to any one premises. b. Up to $2,500 for the cost of bail bonds The Damage To Premises Rented To You required because of accidents or traffic Limit will apply to all 'property damage' law violations arising out of the use of any proximately caused by the same 'occur- vehicle to which the Bodily Injury Liability rence", whether such damage results from: Coverage applies. We do not have to fur - fire; explosion; lightning; smoke resulting from nish these bonds. such fire, explosion, or lightning; or water, or any combination of any of these causes. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER - The Damage To Premises Rented To You AGES A AND B of SECTION I — COVER - Limit will be: AGES: a. The amount shown for the Damage To d. All reasonable expenses incurred by the Premises Rented To You Limit on the insured at our request to assist us In the Declarations of this Coverage Part; or investigation or defense of the claim or b. $300,000 If no amount is shown for the 'suit", Including actual loss of earnings up Damage To Premises Rented To You to $500 a day because of Ume off from Limit on the Declarations of this Coverage work. Part. D. INCIDENTAL MEDICAL MALPRACTICE 4. The following replaces Paragraph a. of the 1. The following Is added to the definition of'oc- "- definition of 'Insured contract' in the DEFINI- currence" In the DEFINITIONS Section: TIONS Section: "Occurrence' also means an act or omission a. A contract for a lease of premises. How- committed In providing or falling to provide _ ever, that portion of the contract for a 'incidental medical services", first aid or lease of premises that indemnities any "Good Samaritan services" to a person, person or organization for "premises damage" Is not an "Insured contract": 2, The following is added to Paragraph 2.a.(1) of SECTION II —WHO IS AN INSURED: _ 5. The following is added to the DEFINITIONS Paragraph (1)(d) above does not apply to Section: "bodily injury" arising out of providing or fail - 'Premises damage' means 'property dam- Ing to provide: — age" to: (1) "Incidental medical services" by any of a. Any premises while rented to you or tem- your "employees' who is a nurse practi- poradly occupied by you with permission tioner. registered nurse, licensed practical of the owner, or nurse, nurse assistant, emergency medi- b. The contents of any premises while such cal technician or paramedic; or premises is rented to you, if you rent such (11) First aid or "Good Samaritan services' by premises for a period of seven or fewer any of your 'employees' or 'volunteer consecutive days. workent', other than an employed or vol- 6. The following replaces Paragraph 4.b.(1xb) untoer doctor. Any such 'employees" or of SECTION IV — COMMERCIAL GENERAL 'volunteer workers' providing or failing to 'volunolunt� LIABILITY CONDITIONS: provide first aid or *Good Samaritan ser- r (b) That is insurance for 'premises damage": vices" during their work hours for you will or be deemed to be acting within the scope 7. Paragraph 4.b.(1)(c) of SECTION IV — of their employment by you or performing COMMERCIAL GENERAL LIABILITY CON- duties related to the conduct of your busi- " DITIONS is deleted. ness. Page 2 of 6 0 2011 The Traveiers bxhmwrty Conpany. All rights reserved. CG D316 11 1111 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph S. of 4. Any organization you newly acquire or form, SECTION III - LIMITS OF INSURANCE: other than a partnership, joint venture or lim- For the purposes of determining the appiica- Ited liability company, of which you are the ble Each Occurrence Limit, all related ads or sole owner or in which you maintain the ma - omissions committed in providing or failing to jority ownership Interest, will qualify as a .-. provide 'incidental medical servicas", first aid Named Insured if there is no other insurance or 'Good Samaritan services' to any one per- which provides similar coverage to that Or- son will be deemed to be one'occurrence'. ganization. However: 4. The following exclusion is added to Para- a. Coverage under this provision is afforded - graph 2., Exclusions, of SECTION 1 - COV- only: ERAGES - COVERAGE A BODILY INJURY (1) Until the day after you acquire or AND PROPERTY DAMAGE LIABILITY: organization form the organization or the end of the „ Sale Of Pharmaceuticals policy period, whichever is earlier, if you 'Bodily injury" or "property damage" arising do not report such organization in writing out of the willful violation of a penal statute or to us within 180 days after you acquire or ordinance relating to the sale of pharmaceuti- form it; or - cals committed by, or with the knowledge or (2) Until the end of the policy period, when consent of, the Insured. that date is later than 180 days after you 5. The following is added to the DEFINITIONS acquire or form such organization, If you -, Section: report such organization in writing to us "Incidental medical services' means: within 180 days after you acquire or form a. Medical, surgical, dental, laboratory, x-ray it, and we agree in writing that it will con - or nursing service or treatment, advice or Unue to be a Named Insured until the end Instruction. or the related furnishing of of the policy period; food or beverages; or b. Coverage A does not apply io 'bodily Injury' b. The furnishing or dispensing of drugs or or "property damage" that occurred before medical, dental, or surgical supplies or you acquired or formed the organization; and appliances, c. Coverage B does not apply to "personal in - "Good Samaritan services" means any emer- jury" or "advertising injury" arising out of an gency medical services for which no compen- offense committed before you acquired or - sation is demanded or received. formed the organization. 6. The following is added to Paragraph 4.b., Ex- F. WHO IS AN INSURED - BROADENED NAMED cess Insurance, of SECTION IV - COM- INSURED - UNNAMED SUBSIDIARIES MERCIAL GENERAL LIABILITY CONDI- TIONS: The following is added to SECTION II - WHO IS AN INSURED: The insurance is excess over any valid and collectible other insurance available to the in- Any of your subsidiaries, other than a partnership, sured, whether primary, excess, contingent or joint venture or limited liability company, that is on any other basis, that Is available to any of not shown as a Named insured In the Declare - your "employees" or `volunteer workers' for dons is a Named Insured If you maintain an own - "bodily injury" that arises out of providing or ership interest of more than 50% In such subsidi- �, failing to provide 'incidental medical ser- ary on the first day of the policy period. vices', first aid or "Good Samaritan services' No such subsidlary is an insured for "bodily Injury" to any person to the extent not subject to or "property damage" that occurred, or 'personal Paragraph 2.a.(1) of Section II - Who Is An injury' or advertising Injury' caused by an of- Insured. committed after the date, If any, during the E. WHO IS AN INSURED -NEWLY ACQUIRED policy polPeriod, that you no longer maintain an es OR FORMED ORGANIZATIONS ownership Interest of more than 50% in such sub - The following replaces Paragraph 4. of SECTION sidiary. 11-WHO IS AN INSURED: CG D3 16 1111 11 0 2011 The Travelers Indenr ty Corrpery. All righb reserved. Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED — OWNERS, H. BLANKET ADDITIONAL INSURED — LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to SECTION II — WHO IS The following is added to SECTION iI — WHO IS AN INSURED: AN INSURED: Any person or organization that is a premises Any person or organization that is an equipment owner, manager or lessor and that you have lessor and that you have agreed In a written con - agreed in a written contract or agreement to in- tract or agreement to include as an insured on clude as an additional insured on this Coverage this Coverage Part is an insured, but only with re - Part is an insured, but only with respect to liability sped to liability for "bodily Injury', 'property dam - for 'bodily injury', "property damage'. "personal age", 'personal Injury" or "advertising injury' that; injury' or "advertising Injury' that a. Is 'bodily injury" of "properly damage' that a. Is "bodily Injury* or 'property damage" that "personal 'advertising occurs, or is 'personal injury" or "advertising occurs, or is Injury' or caused by an offense that is commit- injury" caused by an offense that is commit -injury" tad, subsequent to the execution of that c:on- ted, subsequent to the execution of that con- tract or agreement: and trad or agreement; and i b. Arises out of the ownership, maintenance or b. Is caused, in whole or in part, by your ads or use of that part of any premises leased to omissions in the maintenance, operation or use of equipment leased to you by such you. equipment lessor. The insurance provided to such premises owner, The insurance provided to such equipment lessor manager or lessor Is subject to the following pro- Is subject to the following provisions: visions: a• The limits of Insurance provided to such a. The limits of insurance provided to such equipment lessor will be the minimum limits premises owner, manager or lessor will be which you agreed to provide in the written the minimum limits which you agreed to pro- contract or agreement, or the limits shown on vide in the written contract or agreement, or the Declarations, whichever are less. the limits shown on the Declarations, which- i ever are less. b. The insurance provided to such equipment lessor does not apply to any loodily injury" or b. The insurance provided to such premises property damage that occurs, or personal owner, manager or lessor does not apply to: injury" or "advertising injury" caused by an of- (1) Any 'bodily injury' or "property damage" fense that Is committed, after the equipment that occurs, or "personal Injury" or "adver- lease expires. using Injury" caused by an offense that is c. The Insurance provided to such equipment committed, after you cease to be a tenant lessor is excess over any valid and collectible in that premises: or other insurance available to such equipment (2) Structural alterations, new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner, lessor or agreed in the written contract or agreement manager, that this insurance must be primary to, or c. The insurance provided to such premises non-contributory with, such other insurance, owner, manager or lessor is excess over any in which case this Insurance will be primary valid and collectible other insurance available to. and non-contributory with, such other in- to such premises owner, manager or lessor, surance. whether primary, excess, contingent or on 1. BLANKET ADDITIONAL INSURED — STATES any other basis, unless you have agreed In OR POLITICAL SUBDIVISIONS —PERMITS the written contract or agreement that this In - surance must be primary to, or non- The following Is added to SECTION II —WHO IS contributory with, such other insurance, in AN INSURED: 4 which case this Insurance will be primary to. Any state or political subdivision that has issued a and non-contributory with, such other incur- permit in connection with operations performed by ance. you or on your behalf and that you are required Page 4 of 6 02011 The Travetam tndermfty can wry. Art right reserved. CG D316 1111 COMMERCIAL GENERAL LIABILITY by any ordinance, law or building code to Include (11) A manager of any limited liability as an additional insured on this Coverage Part is company. or an insured, but only with respect to liability for (III) An executive officer or director of 'bodily Injury', "property damage', 'personal in- any other organization: jury' or "advertising injury' arising out of such op- that is your partner, joint venture erations, member or manager, or The insurance provided to such state or political (b) Any "employee' authorized by such subdivision does not apply to: partnership, p, joint venture, limited li- a. Any "bodily injury," 'property damage," "per- ability company or other organization sonal injury' or *advertising Injury" arising out to give notice of an 'occurrence" or of operations performed for that state or po- offense. Iitical subdivision; or (3) Notice to us of such "occurrence" or of an b. Any "bodily injury' or "property damage" in- offense will be deemed to be given as cluded in the 'products -completed operations soon as practicable If it Is given in good hazard". faith as soon as practicable to your work- J. KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation insurer. This applies RENCE OR OFFENSE only If you subsequently give notice to us The following is added to Paragraph 2.. Duties In of the "occurrence" or offense as soon as The Event of Occurrence, Offense, Claim or practicable after any of the persons de - Suit, of SECTION IV — COMMERCIAL GEN- scribed in Paragraphs e. (1) or (2) above ERAL LIABILITY CONDITIONS: discovers that the "occurrence' or offense may result in sums to which the insurance e. The followingprovisions apply to Paragraph provided under this Coverage Part may r a. above, but only for the purposes of the in- apply. surance provided under this Coverage Part to you or any insured listed in Paragraph 1, or 2. However, If this Coverage Part includes an en - of Section it — Who Is An insured: dorsement that provides limited coverage for "bodily Injury' or "property damage" or pollution (1) Notice to us of such "occurrence" or of- costs arising out of a discharge, release or es- fense must be given as soon as practica- cape of "pollutants' which contains a requirement ble only after the "occurrence" or offense that the discharge, release or escape of "pollut- Is known by you (if you are an Individual), ants' must be reported to us within a specific any of your partners or members who is number of days after Its abrupt commencement, an individual (If you are a partnership or this Paragraph e. does not affect that require - joint venture), any of your managers who ment. Is an individual (if you are a limited liability K. UNINTENTIONAL OMISSION company), any of your "executive offi- oers' or directors (If you are an organize- The following is added to Paragraph 6., Repre- tion other than a partnership, joint venture sentations, of SECTION IV — COMMERCIAL .� or limited liability company) or any *am- GENERAL LIABILITY CONDITIONS: pioyee' authorized by you to give notice The unintentional omission of, or unintentional of an "occurrence" or offense. error in, any information provided by you which (2) If you are a partnership, joint venture or we relied upon In issuing this policy will not preju- ` limited liability company, and none of your dice your rights under this insurance. However, partners, joint venture members or man- this provision does not affect our right to collect agers are individuals, notice to us of such additional premium or to exercise our rights of _ "occurrence' or offense must be given as cancellation or nonrenewai In accordance with soon as practicable only after the 'occur- applicable Insurance laws or regulations. rence" or offense is known by: L BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph 8., Transfer (1) A partner or member of any part- Of Rights Of Recovery Against Others To Us. nership or joint venture; of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 11 11 0 2011 The Travelers Wemrrty Urpery. Ail rl" reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed In a contract or agree- 3. 'Bodily injury" means bodily injury, mental ment to waive that insured's right of recovery anguish, mental Injury, shock, fright, disability, against any person or organization, we waive our humiliation, sickness or disease sustained by right of recovery against such person or organiza- a person, Including death resulting from any tion, but only for payments we make because of: of these at any time. a. "Bodily injury" or "property damage" that oc- N. CONTRACTUAL LIABILITY — RAILROADS curs; or 1. The following replaces Paragraph c. of the b. 'Personal Injury' or "advertising injury' definition of 'insured contract" in the DEFINI- caused by an offense that is committed; TIONS Section: subsequent to the execution of that contract or c. Any easement or license agreement, agreement. 2. Paragraph C(1) of the definition of insured _ M. AMENDED BODILY INJURY DEFINITION contract" In the DEFINITIONS Section is de - The following replaces the definition of 'bodily low. Injury' in the DEFINITIONS Section: V_ Page 6 of 6 0 2011 The Travelers lndemriry Conpany. All d" reserved. CG D316 1111 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: COSG29737A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project Designated Project(s): General Aggregate(s): EACH "PROJECT" FOR WHICH YOU HAVE AGREED, IN GENERAL AGGREGATE A WRITTEN CONTRACT WHICH IS IN EFFECT DURING LIMIT SHOWN ON THIS POLICY PERIOD, TO PROVIDE A SEPARATE DECLARATIONS. GENERAL AGGREGATE LIMIT; PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS. A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occur- rences" under COVERAGE A. (SECTION 1), and for all medical expenses caused by accidents un- der COVERAGE C (SECTION 1), which can be attributed only to operations at a single desig- nated "project" shown in the Schedule above: 1. A separate Designated Project General Ag- gregate Limit applies to each designated "pro- ject", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations, unless separate Designated Project General Aggregate(s) are sched- uled above. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A., except damages because of "bodily injury" or "prop- erty damage" included in the "products - completed operations hazard", and for medi- cal expenses under COVERAGE C. regard- less of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the Desig- nated Project General Aggregate Limit for that designated "project". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they re- duce any other Designated Project General Aggregate Limit for any other designated "project' shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Ag- gregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occur- rences" under COVERAGE A. (SECTION 1), and for all medical expenses caused by accidents un- der COVERAGE C. (SECTION 1). which cannot be attributed only to operations at a single desig- nated "project" shown in the Schedule above: CG D2 1101 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. Any payments made under COVERAGE A. vided, any payments for damages because of _ for damages or under COVERAGE C. for 'bodily injury" or "property damage' included in medical expenses shall reduce the amount the "products -completed operations hazard' will available under the General Aggregate Limit reduce the Products -Completed Operations Ag- or the Products -Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gregate Limit, whichever is applicable; and gate Limit nor the Designated Project General 2. Such payments shall not reduce any Desig- Aggregate Limit. nated Project General Aggregate Limit. E. For the purposes of this endorsement the Defini- C. Part 2. of SECTION Ili — LIMITS OF INSURANCE tions Section is amended by the addition of the is deleted and replaced by the following: following definition: 2. The General Aggregate Limit is the most we "Project" means an area away from premises will pay for the sum of: owned by or rented to you at which you are per- _ forming operations pursuant to a contract or agreement. For the purposes of determining the b. Damages from 'occurrences' under applicable aggregate limit of insurance, each COVERAGE A (SECTION 1) and for all 'project' that includes premises involving the " medical expenses caused by accidents same or connecting lots, or premises whose con - under COVERAGE C (SECTION 1) which necton is interrupted only by a street, roadway, cannot be attributed only to operations at waterway or right-of-way of a railroad shall be a single designated "project" shown in the considered a single',project". SCHEDULE above. F. The provisions of SECTION III — LIMITS OF D. When coverage for liability arising out of the INSURANCE not otherwise modified by this en - 'products -completed operations hazard is pro- dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG D2 11 01 04 POLICY NUMBER: C05G29737A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - 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 of Cancellation: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM CONTINUED ON IL T8 03 G111�I:i�� THE ADDRESS FOR THAT PERSON OR CONTINUED ON IL T8 03 GRAPEVINE TX 76051 PROVISIONS: If we cancel this policy for any statutorily 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 the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. IL T4 05 03 11 0 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 — BA5G329278 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be exciuded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage Is excluded or limited by such an endorsement The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what Is and Is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE —GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following Is added to Paragraph A.1.. Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision Is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1.. Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that Is signed and executed by you before the "bodily injury" or "property damage' occurs and that Is In effect during the policy period, to be named as an addi- tional insured is an 'Insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured' under the Who Is An Insured provision contained In Section IL C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee' of yours Is an "Insured' while operating an "auto" hired or rented under a contract or agreement in an 'employee's' name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV - BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered 'auto" you lease, hire, rent or borrow, and (2) Any covered "auto' hired or rented by your "employee' under a contract in an 'employee's" name, with your CA T3 53 02 15 m 2015 The Travelers Memri)ty GorQenf'. AN rights reserved. Page 1 of 4 Includes wpyr ohled material d knuance Services Office, lnc. with its pern*ssicn. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or 'suit related to the conduct of your busi- brought outside the United States of 'ness. America, the territories and possessions However, any "auto' that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver Is not a Rico and Canada: covered 'auto". (1) You must arrange to defend the "in- D. EMPLOYEES AS INSURED cured" against, and investigate or set - tie any such claim or 'suit` and keep The following is added to Paragraph AA., Who is us of all proceedings and ac- — An Insured. of SECTION II —COVERED AUTOS An LIABILITY COVERAGE: (11) Neither you nor any other involved Any 'employee' of yours is an 'insured" while us- "Insured' will make any settlement ing a covered "auto" you don't own, hire or borrow without our consent. In your business or your personal affairs. (III) may, at our discretion, participate E. SUPPLEMENTARY PAYMENTS — INCREASED in in defending the "insured" against, or LIMITS in the settlement of, any claim or — 1. The following replaces Paragraph A.2.a.(2), "suit. of SECTION 11— COVERED AUTOS LIABIL- (Iv) We will reimburse the 'Insured' for ITY COVERAGE: sums that the "Insured" legally must — (2) Up to $3.000 for cost of bail bonds (In- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or 'property damage' to which tons) required because of an "accident" this insurance applies, that the "in - we cover. We do not have to furnish sured' pays with our consent, but = these bonds. only up to the limit described In Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II — COVERED AUTOS LIABIL- SECTION 11 — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses Incurred by the (v) We will reimburse the 'Insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- - cause of time off from work. tion of such claims and your defense of the "Insured' against any such F. HIRED AUTO —LIMITED WORLDWIDE COY- "suit". but only up to and included ERAGE —INDEMNITY BASIS within the limit described In Para - The following replaces Subparagraph (5) In Para- graph C.. Limits Of Insurance, of graph B.T., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not In TIONS: addition to such limit. Our duty to (5) Anywhere In the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation Imposed by the Insurance In payments for damages. United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, 'auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re - and that is not an "auto' you lease, hire, rent quirad or compulsory Insurance in any or borrow from any of your "employees", country outside the United States, its ter - partners (If you are a paMership), members partners and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 O 2015 The Travelers kWertnHy Conpeny. N riprns mserw d. CA T3 53 02 15 kx des copyrighted materiel d kis"nee Servkxs Orbcs, Im. vft its parrission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered auto". compulsory insurance in any such coun- This coverage applies only In the event of a total try up to the minimum limits required by theft of your covered 'auto'. local law. Your failure to comply with compulsory insurance requirements will No deductibles a PPhr the Personal Property not Invalidate the coverage afforded by coverage. this policy. but we will only be liable to the K. AIRBAGS same extent we would have been liable The following Is added to Paragraph B.3., Exclu- had you compiled with the compulsory In- slons, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It Is understood that we are not an admit- Exclusion 3.a. does not apply to 'loss" to one or ted or authorized insurer outside the more airbags in a covered "auto" you own that In - United States of America. Its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of Insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to Insurance, b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE —GLASS ranty; and The following Is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1.000 for any COVERAGE: one 'loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage If the glass is repaired rather than LOSS replaced. The following Is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV — BUSINESS AUTO CONDITIONS: USE — INCREASED LIMIT Your duty to give us or our authorized represents - The following replaces the last sentence of Para- tive prompt notice of the "accident or "loss" aa- graph AA.b., Loss Of Use Expenses, of SEC- plies only when the "accident' or "loss" Is known TION III —PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an Individual); for loss of use is $65 per day, to a maximum of (b) A partner (if you are a partnership); $750 for any one "accident. (c) A member (11 you are a limited liability oom- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES — INCREASED LIMIT (d) An executive officer, director or Insurance The following replaces the first sentence In Para- manager (if you are a corporation or other or - graph A.4.a., Transportation Expenses, of ganization), or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee' authorized by you to give no - AGE: tice of the "accident or "loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense In- The following replaces Paragraph A.S., Transfer curred by you because of the total theft of a oov- Of Rights Of Recovery Against Others To Us, eyed "auto" of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph AA., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex - tent requireof you awritten We will pay up to E400 for 'lass' to wearing ap- signed exeecutted prio to any "accident" parel and other personal property which Is: or 'loss". provided that the "accident or "loss" (1) Owned by an 'Insured`: and arises out of operations contemplated by w CA T3 53 02 15 ® 2015 The Travelers Indenrity Conpany. a d2ft reserved. Page 3 of 4 Includes oopy 9td9d malarial of insurance Services Otboe. Inc. with lls permission. COMMERCIAL AUTO such contract. The waiver apples only to the person or organization designated In such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following Is added to Paragraph 6.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV —BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error In, any information given by you shall not prejudice your rights under this Insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 m 2015 The Travelers Indemnity Company. AN rh# is reserved. CA T3 53 02 15 Includes copyroiled material d Insurance SarAft 011ice, Im. vAM Its pwr ission. BA5G329278 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who -- Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that Is signed and executed by you before the 'bodily Injury' or 'property damage' occurs and that is in effect during the policy period, to be named as an addi- tlonal Insured is an 'Insured' for Covered Autos Liability Coverage, but only for damages to which this Insurance applies and only to the extent that person or organization qualifies as an 'Insured' — under the Who Is An Insured provision contained In SECTION 11. C� 2. The following is added to Paragraph B.S., Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d, of this part 5. Other Insurance, this Insurance Is primary to and non-contributory with applicable other Insurance under which an addi- tional insured person or organization is the first named insured when the written contract or agreement between you and that person or or- ganization, that Is signed and executed by you before the 'bodily Injury' or 'property damage" occurs and that Is In effect during the policy pe- riod, requires this Insurance to be primary and non-contributory. CA T4 74 02 15 O 2015 The Travelers Wxk nnity Canperry. Al rights reserved. Page 1 of 1 includes oopriphled rnatertal at Insurance Serviceat Opine. Inn. wAh Rs permission. POLICY NUMBER: BASG329278 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY CANCELLATION: SCHEDULE Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION: Any person or organazation to whom you have agreed in a wrwn comraot that notice of cancellation of this poitcy wW be oven, but only it, i. You seno us a wren request to pr ods such notice, Inciuclog the name and address of such person or organization, after the first named Insured redeves 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 organization included in such written request from you to us. PROVISIONS: If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mall r,utice or cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the etrective date of cancellatlon. IL T4 05 0311 0 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 P -exmMutuar WORKERS' COMPIEt ATION IN"WE 1r!►IDlitKEiiW !Cr0111011PEN&KI+4>!+i AND EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. () Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 1 Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on paytoli in contten with work performed for the above person(s) or organization(s) arising out of the opsrdtlorts dewted. 4. Advance Premium: Included, see information Page This endorsement changes polio+ to which it is attached effective on the Inception date of the policy unless a different slate Is indicated below. fThe fotiowkV "adeching clause" need be completed only when this endorsement is Issued subsetiuent hrpreparatim of thepoticy.) This endorsement, effective on 11/29/17 at M2:01 a.m. standard time, #ornta a part of: Policy no. 0002006571 of Texas Mutual Insurance Company effective on 11/29/17 Issued to: WRIGHT CONSTRUCTION COMPANY INC This is not a bill t4CC4 Carrier Code: 29939 Is MAN Authorized representative PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com I (800) 859-5995 I Fax (800) 369-0650 11/21/17 WC 42 03 04 B -,. Utll WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POUCY Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE This endorsement dmnges the policy to which It, is attached effective on the inception date of the policy unless a different date is indicated below. (The taffoAV 'attaching clause" need be completed only when this endorsement is issued tubse4uent to preparation o7 the poilcy.) This endorsement, etfeclive on 11@9/17 st 12.41 a.m. standard vmq� foma-a part of: Policy no. 0002006571 of Texas Mutual Insurance Company effective on 11/29/17 Issued to: WRIGHT CONSTRUCTION COMPANY INC /uvx This is not a bill NCCi Carrier Code, 29M Authortud representative 11121/11 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800) 859-SM I Fax (800) 359-0650 WC 42 06 01 006125-1 Bond No. TXC609507 PROJECT RECORD DOCUMENTS Page 1 of 1 SECTION 00 62 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Wriaht Construction Comvanv Co., Inc. , known as 8 "Principal' herein and Merchants Bonding Company (Mutual) , a corporate 9 surety(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, Forestar 11 (USA) Real Estate Group, Inc., a Delaware corporation, authorized to do business in Texas 12 ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal 13 sum of, Three Million Nine Thousand Seven Hundred Sixty Seven and 20/100 Dollars 14 ($3,009,767.20), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 15 Texas for the payment of which sum well and truly to be made jointly unto the Developer and the 16 City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and 17 assigns, jointly and severally, firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 20 CFA Number 2017-120;and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the 9th day of March, 2018, which Contract is hereby referred to and made a part hereof for all 23 purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories 24 defined by law, in the prosecution of the Work, including any Change Orders, as provided for in 25 said Contract designated as Offsite Sanitary Sewer Improvements for McKelvey Cole Tract. 26 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall 27 faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 28 perform the Work, including Change Orders, under the Contract, according to the plans, 29 specifications, and contract documents therein referred to, and as well during any period of 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 McKelvey Cole Tract STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised January 31, 2012 00 61 25 - 2 PROJECT RECORD DOCUMENTS Page 2 of 3 1 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 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this instrument by duly authorized agents and officers on this the 1 'Ath day of 9 March , 2018. 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 ATTEST: Z ( ' mci al) See t y Witness as to Principal R �ana_j aAry�u+,_ Witness as to Surety Trenae Donovan, Witness PRINCIPAL: Wright Const uQw* _rl pa Co., Inc. BY: / / Signature Name and Title Address: 601 W. Wall Street Graevine. TX 76051 SURETY: Mercharki Bonding Company (Mutual) BY; ignature Steven W. Lewis. A orn y-in-F �- - � - Name and Title Address: P-n- Box 1449R Des Moines, IA 50300 Telephone Number: SI S_?.43-R171 *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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 McKelvey Cole Tract CPN# 101118 r. 006125-3 PROJECT RECORD DOCUMENTS Page 3 of 3 1 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH McKehwy Cols Tract STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised January 31, 2012 006125-1 PROJECT RECORD DOCUMENTS Page 1 of 2 Bond No. TXC609507 1 SECTION 00 62 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Wright Construction Company Co., Inc. known as 8 "Principal" herein, and Merchants Bonding Company (Mutual) , a 9 corporate surety ( or sureties if more than one), duly authorized to do business in the State of Texas, 10 known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, ` 11 Forestar (USA) Real Estate Group, Inc., a Delaware corporation, authorized to do business in Texas 12 "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal 13 sum of Three Million Nine Thousand Seven Hundred Sixtv Seven and 20/100 Dollars 14 ($3.009.767.20 ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, v 15 Texas, for the payment of which sum well and truly be made jointly unto the Developer and the 16 City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and 17 assigns, jointly and severally, firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities Agreement, 20 CFA Number 2017-120;and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, awarded 22 the 9te day of March, 2018, which Contract is hereby referred to and made a part hereof for all i 23 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories 24 as defined by law, in the prosecution of the Work as provided for in said Contract and designated 25 as Offsite Sanitary Sewer Improvements for McKelvey Cole Tract. 26 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 27 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 28 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 29 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 30 force and effect. CITY OF FORT WORTH McKelvey Cole lnfrsa&ucture STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised January 31, 2012 00 6125 - 2 PROJECT RECORD DOCUMENTS Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 13th day of 6 March 2018 PRINCIPAL: ATTEST: BY: Vgnatufe KA (lrincipal) Sic iry Name and Title Address: 601 W. Wall Street Grapevine. TX 76051 Witness as to Principal ATTEST: /A (Surety) Secretary PL Witness as to Surety Trenae Donovan, Witness SURETY: Merchants B onding Company (Mutual) I BY: A�%� ignature Steven W. Lewis, Attorney-in-F4et - `J Name and Title Address: P.O. Box 14498 = Des Moines, IA 50306 Telephone Number: 515-243-8171 - 7 8 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws 9 showing that this person has authority to sign such obligation. If Surety's physical address is 10 different from its mailing address, both must be provided. 11 12 The date of the bond shall not be prior to the date the Contract is awarded. 13 END OF SECTION CITY OF FORT WORTH McKelvey Cole Infrsatracture STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised January 31, 2012 00 6125 - 1 PROJECT RECORD DOCUMENTS Page I of 3 I Bond No. TXC609507 SECTION 00 62 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Wright Construction Company Co., Inc. , known as 9 "Principal' herein and Merchants Bonding Company (Mutual) , a corporate surety 10 (sureties, if more than one) duly authorized to do business in the State of Texas, known as 11 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Forestar 12 (USA) Real Estate Group, Inc., a Delaware corporation, authorized to do business in Texas 13 ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum of 14 Three Million Nine Thousand Seven Hundred Sixty Seven and 20/100 Dollars ($ 3.009.767.20 ). 15 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment 16 of which sum well and truly be made jointly unto the Developer and the City as dual obligees and T 17 their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, 18 jointly and severally, firmly by these presents. 19 w 20 WHEREAS, Developer and City have entered into an Agreement for the construction of 21 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 22 CFA Number 2017-120;and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer 24 awarded the 9m day of March , 2018, which Contract is hereby 25 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all _ 26 materials, equipment labor and other accessories as defined by law, in the prosecution of the 27 Work, including any Work resulting from a duly authorized Change Order (collectively herein, .. 28 the "Work") as provided for in said Contract and designated as Offsite Sanitary Sewer 29 Improvements for McKelvey Cole Tract; and 30 31 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 32 accordance with the plans, specifications and Contract Documents that the Work is and will 33 remain free from defects in materials or workmanship for and during the period of two (2) years 34 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CITY OF FORT WORTH McKelvey Cole Tract STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised January 31, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 00 61 25 - 2 PROJECT RECORD DOCUMENTS Page 2 of 3 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 McKelvey Cole Tract CPN#101118 00 6125 - 3 PROJECT RECORD DOCUMENTS Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 13th day of 3 March , 20 18_. 4 5 PRINCIPAL: 6 Wright Construction C van Co., Inc. 7 8 9 BY: 10 Sig{�ture 11 ATTEST: 12 14 cipal) Se Name and Title 15 16 Address: 661 W_ Wall 4trppt 17 Grapevine. TX 76051 18 19 20 Witness as to Principal 21 SURETY: 22 Merchant Bonding Company (Mutual) 23 / 24 25 BY: 26 lgnature 27 28 Steven W. Lewjs. Attorney-in-Fa£t, - 29 ATTEST: Name and Title- 30 31 N/A Address: P.O. Box 14498- 32 (Sur ) Secretary DeS Moines, iA 50306 C _ ` 33 34 Q l - 35 Witness as to Surety Telephone Number: 515-243-8171 36 Trenae Donovan,Witness 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by -taws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 41 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 McKelvey Cole Tract CPN# 101118 MERCHANT BONDING COMPANY IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company's toll -free telephone number for information or to make a complaint at: 1-800-678-8171 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 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (1/09) MERCHANTS BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Kathy Sells; Lanny Land; Steven W Lewis; Trenae Donovan their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16. 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 3rd day of July 2017 RPO/P' G O QIPOp .9 • MERCHANTS BONDING COMPANY (MUTUAL) �y:'VO 4�'. y , �;.yam 0'; MERCHANTS NATIONAL BONDING, INC. _ • y • 2003 1933 c: BY < -��•. :`� ; J. :cti. .•!y • •' • �••• • • • �y k• • President STATE OF IOWA •�'"'""�• "'' COUNTY OF DALLAS ss. On this this 3rd day of July 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. AUCIA K. GRAM o Commission Number 767430 ? My Commission Spires - 100" April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) 1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this _N3ih `gay,;pF ..March 2018 CO ••p�pOR,4•e0 •�O••D�POA' .9y• ` ' `z` �" y ,c . -O- G. • f-: 2 -o- • 2003 : 1933 �' ce; = _-Secntrt�„ = �yvd ,ti. �y :dui'• :���.= •••,i�r•... ••�1.1;' -., --- _ ^,� , POA 0018 (3/17) "".."' M do on STANDARD CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS NONE CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 W STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Article 1— Definitions and Terminology 1.1 Defined Terms ................................................. MW 1.2 Terminology.................................................... Page 1 ..................................................1 .................................................. 5 Article 2 — Preliminary Matters 6 2.1 Before Starting Construction.........................................................................................................6 2.2 Preconstruction Conference.......................................................................................................... 6 2.3 Public Meeting.............................................................................................................................. 6 Article 3 — Contract Documents and Amending 6 3.1 Reference Standards......................................................................................................................6 3.2 Amending and Supplementing Contract Documents................................................................... 6 Article 4 — Bonds and Insurance 7 4.1 Licensed Sureties and Insurers......................................................................................................7 4.2 Performance, Payment, and Maintenance Bonds 4.3 Certificates of Insurance ................................................................................................................7 4.4 Contractor's Insurance.................................................................................................................. 9 i 4.5 Acceptance of Bonds and Insurance; Option to Replace ............................................................12 Article 5 — Contractor's Responsibilities 12 5.1 Supervision and Superintendent 12 5.2 Labor; Working Hours................................................................................................................13 5.3 Services, Materials, and Equipment...........................................................................................13 5.4 Project Schedule..........................................................................................................................14 5.5 Substitutes and "Or-Equals".......................................................................................................14 5.6 Pre -Qualification of Bidders (Prime Contractors and Subcontractors)......................................16 5.7 Concerning Subcontractors, Suppliers, and Others....................................................................16 5.8 Wage Rates..................................................................................................................................18 5.9 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 "` Revised December 20, 20I2 i 5.18 Indemnification............................................................................................................................ 24 5.19 Delegation of Professional Design Services...............................................................................24 5.20 Right to Audit: 25 5.21 Nondiscrimination.......................................................................................................................25 Article 6 — Other Work at the Site...................................................................................................................26 6.01 Related Work at Site....................................................................................................................26 Article 7 — City's Responsibilities...................................................................................................................26 v 7.1 Inspections, Tests, and Approvals...............................................................................................26 7.2 Limitations on City's Responsibilities........................................................................................26 7.3 Compliance with Safety Program...............................................................................................27 Article 8 — City's Observation Status During Construction ............................................................................27 8.1 City's Project Representative......................................................................................................27 _ 8.2 Authorized Variations in Work...................................................................................................27 8.3 Rejecting Defective Work...........................................................................................................27 8.4 Determinations for Work Performed..........................................................................................28 Article9 — Changes in the Work......................................................................................................................28 9.1 Authorized Changes in the Work................................................................................................28 9.2 Notification to Surety 28 Article 10 — Change of Contract Price; Change of Contract Time..................................................................28 10.1 Change of Contract Price 28 10.2 Change of Contract Time............................................................................................................28 10.3 Delays..........................................................................................................................................28 Article 11— Tests and Inspections; Correction, Removal or Acceptance of Defective Work........................29 - 11.1 Notice of Defects.........................................................................................................................29 11.2 Access to Work...........................................................................................................................29 11.3 Tests and Inspections...................................................................................................................29 11.4 Uncovering Work........................................................................................................................30 11.5 City May Stop the Work 30 11.6 Correction or Removal of Defective Work.................................................................................30 11.7 Correction Period........................................................................................................................30 11.8 City May Correct Defective Work..............................................................................................31 Article12 — Completion...................................................................................................................................32 12.1 Contractor's Warranty of Title....................................................................................................32 12.2 Partial Utilization.........................................................................................................................32 12.3 Final Inspection........................................................................................................................... 32 12.4 Final Acceptance.........................................................................................................................33 Article13 — Suspension of Work.....................................................................................................................33 13.01 City May Suspend Work.............................................................................................................33 CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 IN Revised December 20, 2012 Article14 — Miscellaneous..............................................................................................................................34 14.1 Giving Notice..............................................................................................................................34 14.2 Computation of Times.................................................................................................................34 MM 14.3 Cumulative Remedies.................................................................................................................34 14.4 Survival of Obligations...............................................................................................................35 14.5 Headings......................................................................................................................................35 a. CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 " Revised December 20, 2012 00 73 10-1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.1 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—Theentire 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 wr Revised December 20, 2012 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects +� Page 2 of 35 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non -Resident Bidder iii. Prequalification Statement C. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. 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 PM 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 i 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. i 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. i 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 MW 00 7310- 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 i 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, i 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 MP Revised December 20, 2012 00 73 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 a part of the Work at the Site. 35. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work 36. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions —That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 41. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of 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. 1.2 Terminology A. The words and terms discussed in Paragraph 1.02.B 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 ARTICLE 2 - PRELIMINARY MATTERS 2.1 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. 2.2 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.3 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 3.1 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. 3.2 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. i 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 MP Revised December 20, 2012 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City's written interpretation or clarification. ARTICLE 4 - BONDS AND INSURANCE 4.1 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. 4.2 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. 4.3 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 00 73 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 i 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects : Page 9 of 35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. M" 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 M 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. CitMm y shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. i 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. w 4.4 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 Mt 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 "t Revised December 20, 2012 007310-10 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: i a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. i CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 "" Revised December 20, 2012 0073 10-12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 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: NONE 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: Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: i 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 railroadcompany is operating on the same right-of-way or where wo several railroad companies are involved and operated on their own separate rights -of - CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 00 7310-13 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. 4.5 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 5.1 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting ,W such attention thereto and applying such skills and expertise as may be necessary to perform the CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 ** Revised December 20, 2012 MP 007310-13 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. 5.2 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 i 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 F, 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. 5.3 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 00 7310-14 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. 4M 5.4 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. 5.5 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 'F 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. No oft M 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 M 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 "" Revised December 20, 2012 00 7310-15 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; i ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and i 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 i Revised December 20, 2012 007310-16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. .� E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.13. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.6 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 5.7 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 20I2 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) rt ❑ 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 0073 10-18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.8 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 Wolation. 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 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the 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 llth 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 CrrY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 00 7310-19 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. 5.9 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 r` in the Contract Documents. 5.10 Laws and Regulations i 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# I0I 118 Revised December 20, 2012 00 7310- 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 R 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. MR 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 00 7310- 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: MP 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. MP 5.14 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. M CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 00 7310- 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 R* 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects wM 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. M 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; M 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 M W 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.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALI, OR SOME — OF THE DAMAGES BEING SOUGHT WERE CAT TSED. 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 USED. 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects MP 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 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 7.1 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.2 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. a CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 am Revised December 20, 2012 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 7.3 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 8.1 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. 8.2 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. 8.3 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 i completed. CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 ""f Revised December 20, 2012 i 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 8.4 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 9.1 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. 9.2 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 10.1 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.2 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.3 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 00 7310- 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 11.1 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. 11.2 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. 11.3 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 dw 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 M" 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 we 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 10 111S Revised December 20, 2012 i 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.4 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, MP it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. 11.5 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 MW of any of them. 11.6 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. i 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. 11.7 Correction Period 'w 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 PM Revised December 20, 2012 0073 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. Correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective _ Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor's obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.8 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 00 7310- 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 12.1 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. 12.2 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. 12.3 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 ""' Revised December 20, 2012 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. 12.4 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 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 14.1 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person 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. 14.2 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. 14.3 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 McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 W 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 14.4 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. 14.5 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. ., w. W CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 no Revised December 20, 2012 006125-1 DAP PROJECT RECORD DOCUMENTS Page 1 of 3 1 SECTION 01 11 00 2 SUMMARY OF WORK 3 GENERAL 4 SUMMARY 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division 1 - General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Work Covered by Contract Documents 19 1. Work is to include furnishing all labor, materials, and equipment, and performing 20 all Work necessary for this construction project as detailed in the Drawings and 21 Specifications. 22 B. Subsidiary Work 23 1. Any and all Work specifically governed by documentary requirements for the 24 project, such as conditions imposed by the Drawings or Contract Documents in _ 25 which no specific item for bid has been provided for in the Proposal and the item is 26 not a typical unit bid item included on the standard bid item list, then the item shall 27 be considered as a subsidiary item of Work, the cost of which shall be included in 28 the price bid in the Proposal for various bid items. 29 C. Use of Premises 30 1. Coordinate uses of premises under direction of the City. 31 2. Assume full responsibility for protection and safekeeping of materials and 32 equipment stored on the Site. 33 3. Use and occupy only portions of the public streets and alleys, or other public places 34 or other rights -of -way as provided for in the ordinances of the City, as shown in the 35 Contract Documents, or as may be specifically authorized in writing by the City. 36 a. A reasonable amount of tools, materials, and equipment for construction 37 purposes may be stored in such space, but no more than is necessary to avoid 38 delay in the construction operations. CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 00 61 25 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 3 1 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 All Work shall be in accordance with railroad requirements set forth in Division 7 0 as well as the railroad permit. 8 D. Work within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission from the owner of such property. 11 2. Do not store equipment or material on private property unless and until the 12 specified approval of the property owner has been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifically provided otherwise, clear all rights -of -way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part of the project construction operations. 17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, 18 plants, lawns, fences, culverts, curbing, and all other types of structures or 19 improvements, to all water, sewer, and gas lines, to all conduits, overhead pole 20 lines, or appurtenances thereof, including the construction of temporary fences 21 and to all other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or 23 private lands of interest in lands which might be affected by the Work. 24 a. Such notice shall be made at least 48 hours in advance of the beginning of 25 the Work. 26 b. Notices shall be applicable to both public and private utility companies and 27 any corporation, company, individual, or other, either as owners or 28 occupants, whose land or interest in land might be affected by the Work. 29 c. Be responsible for all damage or injury to property of any character 30 resulting from any act, omission, neglect, or misconduct in the manner or 31 method or execution of the Work, or at any time due to defective work, 32 material, or equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the 35 Project to the original or a better than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the 37 Work is not in progress and when the site is vacated overnight, and/or at all 38 times to provide site security. 39 c. The cost for all fence work within easements, including removal, temporary 40 closures and replacement, shall be subsidiary to the various items bid in the 41 project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 006125-3 DAP PROJECT RECORD DOCUMENTS Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] -- 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] ` 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 _ Revision Log DATE NAME SUMMARY OF CHANGE 13 M W CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN# 101118 Revised December 20, 2012 00 61 2519 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 3 1 SECTION 013119 2 PRECONSTRUCTION MEETING 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. No construction schedule required unless requested by the City. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Developer and Consultant b. Contractor's project manager C. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised August 30, 2013 M M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 MW M 00 61 2519 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 3 e. Other City representatives f. Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre -Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBEISBE procedures hh. Final Acceptance ii. Final Payment J. Questions or Comments CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised August 30, 2013 00 61 2519 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 m m me w .w m Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised August 30, 2013 00 61 25 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 8 1 SECTION 0133 00 i 2 DAP SUBMITTALS i 3 PART 1 - GENERAL 4 1.1 SUMMARY i 5 A. Section Includes: 6 1. General methods and requirements of submissions applicable to the following Work- 7 related submittals: i 8 a. Shop Drawings 9 b. Product Data (including Standard Product List submittals) 10 c. Samples 11 d. Mock Ups 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. '~ 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1— General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various items bid. No 20 separate payment will be allowed for this Item. .. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS i 23 A. Coordination 24 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals 25 from the requirements of the Contract Documents. .. 26 2. Coordination of Submittal Times 27 a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing 28 the related Work or other applicable activities, or within the time specified in the 29 individual Work Sections, of the Specifications. 30 b. Contractor is responsible such that the installation will not be delayed by processing 31 times including, but not limited to: 32 a) Disapproval and resubmittal (if required) 33 b) Coordination with other submittals 34 c) Testing 35 d) Purchasing 36 e) Fabrication 37 f) Delivery 38 Similar sequenced activities 39 c. No extension of time will be authorized because of the Contractor's failure to 40 transmit submittals sufficiently in advance of the Work. M CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 "� Revised August 30, 2013 i i 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 00 61 25 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 8 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) `By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 t/2 inches x 11 inches to 8 th inches x 11 inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised August 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 00 61 25 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 8 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom -prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City's Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City's Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing -in diagrams and templates 5) Catalog cuts CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised August 30, 2013 00 61 25 - 4 DAP PROJECT RECORD DOCUMENTS F& M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Page 4 of 8 6) Product photographs 7) Standard wiring diagrams 8) Printed performance curves and operational -range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare -parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on -site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised August 30, 2013 P" M 00 61 25 - 5 DAP PROJECT RECORD DOCUMENTS Page 5 of 8 1 a. Shop Drawings 2 1) Distributed to the City 3 2) Copies 4 a. 8 copies for mechanical submittals 5 b. 7 copies for all other submittals 6 c. If Contractor requires more than 3 copies of Shop Drawings returned, 7 Contractor shall submit more than the number of copies listed above. 8 b. Product Data 9 1) Distributed to the City 10 2) Copies 11 a) 4 copies 12 c. Samples 13 1) Distributed to the Project Representative 14 2) Copies 15 a) Submit the number stated in the respective Specification Sections. 16 3. Distribute reproductions of approved shop drawings and copies of approved product 17 data and samples, where required, to the job site file and elsewhere as directed by 18 the City. 19 a. Provide number of copies as directed by the City but not exceeding the number 20 previously specified. 21 K. Submittal Review 22 1. The review of shop drawings, data and samples will be for general conformance with 23 the design concept and Contract Documents. This is not to be construed as: 24 a. Permitting any departure from the Contract requirements 25 b. Relieving the Contractor of responsibility for any errors, including details, 26 dimensions, and materials 27 c. Approving departures from details furnished by the City, except as otherwise 28 provided herein 29 2. The review and approval of shop drawings, samples or product data by the City does 30 not relieve the Contractor from his/her responsibility with regard to the fulfillment of 31 the terms of the Contract. 32 a. All risks of error and omission are assumed by the Contractor, and the City will 33 have no responsibility therefore. 34 3. The Contractor remains responsible for details and accuracy, for coordinating the Work 35 with all other associated work and trades, for selecting fabrication processes, for 36 techniques of assembly and for performing Work in a safe manner. 37 4. If the shop drawings, data or samples as submitted describe variations and show a 38 departure from the Contract requirements which City finds to be in the interest of the 39 City and to be so minor as not to involve a change in Contract Price or time for 40 performance, the City may return the reviewed drawings without noting an exception. 41 5. Submittals will be returned to the Contractor under 1 of the following codes: 42 a. Code 1 43 1) "NO EXCEPTIONS TAKEN' is assigned when there are no notations or 44 comments on the submittal. 45 a. When returned under this code the Contractor may release the equipment 46 and/or material for manufacture. 47 b. Code 2 CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised August 30, 2013 00 61 25 - 6 DAP PROJECT RECORD DOCUMENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Page 6 of 8 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a. The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non -conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised August 30, 2013 RMP ow 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 k% i 33 00 61 25 - 7 DAP PROJECT RECORD DOCUMENTS Page 7 of 8 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH McKelvey Cote Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised August 30, 2013 006125-8 DAP PROJECT RECORD DOCUMENTS Page 8 of 8 1 2 3 4 5 PART 2 — PRODUCTS [NOT USED] 6 PART 3 - EXECUTION [NOT USED] 7 END OF SECTION 8 i Revision Log DATE NAME SUMMARY OF CHANGE 12/20%2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days 9 i CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised August 30, 2013 3 MM i M MP ., 006125-1 DAP PROJECT RECORD DOCUMENTS Page 1 of 7 1 SECTION 0135 13 2 SPECIAL PROJECT PROCEDURES 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives, Drop Weight, Etc. 12 f. Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 4— Caprd fzti 20 B. Deviations from this City of Fort Worth Standard Specification 21 1. None. 22 C. Related Specification Sections include, but are not necessarily limited to: 23 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 24 2. Division 1— General Requirements 25 3. Section 33 12 25 — Connection to Existing Water Mains 26 27 1.2 REFERENCES 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference standard 30 published at the time of the latest revision date logged at the end of this Specification, 31 unless a date is specifically cited. 32 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High 33 Voltage Overhead Lines. 34 3. North Central Texas Council of Governments (NCTCOG) — Clean Construction 35 Specification 36 1.3 ADMINISTRATIVE REQUIREMENTS 37 A. Coordination with the Texas Department of Transportation 38 1. When work in the right-of-way which is under the jurisdiction of the Texas Department 39 of Transportation (TxDOT): 40 a. Notify the Texas Department of Transportation prior to commencing any work 41 therein in accordance with the provisions of the permit CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised August, 30, 20I3 MR MR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 00 61 25 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 7 b. All work performed in the TxDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Work near High Voltage Lines 1. Regulatory Requirements a. All Work near High Voltage Lines (more than 600 volts measured between conductors or between a conductor and the ground) shall be in accordance with Health and Safety Code, Title 9, Subtitle A, Chapter 752. 2. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 3. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage -type of guard about the boom or arm b. Insulator links on the lift hook connections for back hoes or dippers c. Equipment must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 4. Work within 6 feet of high voltage electric lines a. Notification shall be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de -energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. 2. Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA's Permit Required for Confined Spaces D. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section 0131 13 E. Water Department Coordination 1. During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised August, 30, 2013 00 61 25 - 3 DAP PROJECT RECORD DOCUMENTS mft i W" M i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 UFA 38 39 40 41 42 43 44 45 46 47 48 Page 3 of 7 2. Coordinate any event that will require connecting to or the operation of an existing City water line system with the City's representative. a. Coordination shall be in accordance with Section 33 12 25. b. If needed, obtain a hydrant water meter from the Water Department for use during the life of named project. C. In the event that a water valve on an existing live system be turned off and on to accommodate the construction of the project is required, coordinate this activity through the appropriate City representative. 1) Do not operate water line valves of existing water system. a) Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor will be prosecuted to the full extent of the law. b) In addition, the Contractor will assume all liabilities and responsibilities as a result of these actions. F. Public Notification Prior to Beginning Construction 1. Prior to beginning construction on any block in the project, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: a. Post notice or flyer 7 days prior to beginning any construction activity on each block in the project area. 1) Prepare flyer on the Contractor's letterhead and include the following information: a) Name of Project b) City Project No (CPN) c) Scope of Project (i.e. type of construction activity) d) Actual construction duration within the block e) Name of the contractor's foreman and phone number f) Name of the City's inspector and phone number g) City's after-hours phone number 2) A sample of the `pre -construction notification' flyer is attached as Exhibit A. 3) Submit schedule showing the construction start and finish time for each block of the project to the inspector. 4) Deliver flyer to the City Inspector for review prior to distribution. b. No construction will be allowed to begin on any block until the flyer is delivered to all residents of the block. G. Public Notification of Temporary Water Service Interruption during Construction 1. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. 2. Prepared notice as follows: a. The notification or flyer shall be posted 24 hours prior to the temporary interruption. b. Prepare flyer on the contractor's letterhead and include the following information: 1) Name of the project 2) City Project Number 3) Date of the interruption of service 4) Period the interruption will take place CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised August, 30, 2013 i M" MP 1 2 3 4 5 6 7 8 9 10 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 00 61 25 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 7 5) Name of the contractor's foreman and phone number 6) Name of the City's inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. f. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. H. Coordination with United States Army Corps of Engineers (USACE) 1. At locations in the Project where construction activities occur in areas where USACE permits are required, meet all requirements set forth in each designated permit. I. Coordination within Railroad Permit Areas 1. At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates f. Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. 2. Obtain any supplemental information needed to comply with the railroad's requirements. J. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b. If wet saw cutting is performed, capture and properly dispose of slurry. K. Employee Parking 1. Provide parking for employees at locations approved by the City. L. { Coordination with North Central Texas Council of Governments (NCTCOG) Clean Construction Specification [if required for the project] 1. Comply with equipment, operational, reporting and enforcement requirements set forth in NCTCOG's Clean Construction Specification. } CrrY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised August, 30, 2013 00 61 25 -5 DAP PROJECT RECORD DOCUMENTS Page 5 of 7 1 1.4 SUBMITTALS [NOT USED] 2 1.5 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 3 1.6 CLOSEOUT SUBMITTALS [NOT USED] _ 4 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.8 QUALITY ASSURANCE [NOT USED] 6 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.10 FIELD [SITE] CONDITIONS [NOT USED] 8 1.11 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 ma emb W Revision Log DATE NAME SUMMARY OF CHANGE 1.3.B — Added requirement of compliance with Health and Safety Code, Title 9. 8/31/2012 D. Johnson Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 MM Revised August, 30, 2013 MR AP L J L J 1 2 3 4 5 6 Date: 7 8 CPN No.: 9 Project Name: 10 Mapsco Location: 11 Limits of Construction: 12 13 00 61 25 - 6 DAP PROJECT RECORD DOCUMENTS Page 6 of 7 EXHIBIT A (To be printed on Contractor's Letterhead) - NOTICE OF Im 0" CON TR CTION 14 15 16 17 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 18 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 19 PROPERTY. 20 21 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF 22 THIS NOTICE. 23 24 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 25 ISSUE, PLEASE CALL: 26 27 28 Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> 29 30 OR 31 32 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 33 34 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 35 36 PLEASE KEEP THIS SLYER HANDY WHEN YOU CALL 37 CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised August, 30, 2013 3 4 006125-7 DAP PROJECT RECORD DOCUMENTS Page 7 of 7 EXHIBIT B FoR�H D*Ae: DOE NO. xxxx >0jea >yanw. NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, ,CONTRACTOR CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised August, 30, 2013 i i i 00 61 25 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 2 1 SECTION 0145 23 2 TESTING AND INSPECTION SERVICES 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 a. Contractor is responsible for performing, coordinating, and payment of all 17 Quality Control testing. 18 b. City is responsible for performing and payment for first set of Quality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails, the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City, notify City, sufficiently 31 in advance, when testing is needed. 32 b. When testing is required to be completed by the Contractor, notify City, 33 sufficiently in advance, that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's Buzzsaw site, or another form of distribution approved 38 by the City. 39 40 CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised August 30, 2013 00 61 25 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 2 1 2) Upload test reports to designated project directory and notify appropriate 2 City representatives via email of submittal posting. 3 3) Hard Copies 4 a) 1 copy for all submittals submitted to the Project Representative 5 b. Hard Copy Distribution (if required in lieu of electronic distribution) 6 1) Tests performed by City 7 a) Distribute 1 hard copy to the Contractor 8 2) Tests performed by the Contractor 9 a) Distribute 3 hard copies to City's Project Representative 10 4. Provide City's Project Representative with trip tickets for each delivered 11 load of Concrete or Lime material including the following information: 12 a. Name of pit 13 b. Date of delivery 14 c. Material delivered 15 B. Inspection 16 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 17 perform work in accordance with the Contract Documents. 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2 - PRODUCTS [NOT USED] 27 PART 3 - EXECUTION [NOT USED] 28 END OF SECTION 29 DATE NAME 30 Revision Log SUMMARY OF CHANGE CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised August 30, 2013 00 61 25 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 1 SECTION 0150 00 2 TEMPORARY FACILITIES AND CONTROLS 3 PART 1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including, but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1 — General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Temporary Utilities 25 1. Obtaining Temporary Service 26 a. Make arrangements with utility service companies for temporary services. 27 b. Abide by rules and regulations of utility service companies or authorities 28 having jurisdiction. 29 c. Be responsible for utility service costs until Work is approved for Final 30 Acceptance. 31 1) Included are fuel, power, light, heat and other utility services necessary for 32 execution, completion, testing and initial operation of Work. 33 2. Water 34 a. Contractor to provide water required for and in connection with Work to be 35 performed and for specified tests of piping, equipment, devices or other use as 36 required for the completion of the Work. 37 b. Provide and maintain adequate supply of potable water for domestic 38 consumption by Contractor personnel and City's Project Representatives. 39 c. Coordination 40 1) Contact City 1 week before water for construction is desired 41 CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised JULY 1, 2011 M Emb W 006125-2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 1 d. Contractor Payment for Construction Water 2 1) Obtain construction water meter from City for payment as billed by City's 3 established rates. 4 3. Electricity and Lighting 5 a. Provide and pay for electric powered service as required for Work, including 6 testing of Work. 7 Provide power for lighting, operation of equipment, or other use. 8 b. Electric power service includes temporary power service or generator to 9 maintain operations during scheduled shutdown. 10 4. Telephone 11 a. Provide emergency telephone service at Site for use by Contractor personnel 12 and others performing work or furnishing services at Site. 13 5. Temporary Heat and Ventilation 14 a. Provide temporary heat as necessary for protection or completion of Work. 15 b. Provide temporary heat and ventilation to assure safe working conditions. 16 B. Sanitary Facilities 17 1. Provide and maintain sanitary facilities for persons on Site. 18 a. Comply with regulations of State and local departments of health. 19 2. Enforce use of sanitary facilities by construction personnel at job site. 20 a. Enclose and anchor sanitary facilities. 21 b. No discharge will be allowed from these facilities. 22 c. Collect and store sewage and waste so as not to cause nuisance or health 23 problem. 24 d. Haul sewage and waste off -site at no less than weekly intervals and properly 25 dispose in accordance with applicable regulation. 26 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 27 4. Remove facilities at completion of Project 28 C. Storage Sheds and Buildings 29 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 30 above ground level for materials and equipment susceptible to weather damage. 31 2. Storage of materials not susceptible to weather damage may be on blocks off 32 ground. 33 3. Store materials in a neat and orderly manner. 34 a. Place materials and equipment to permit easy access for identification, 35 inspection and inventory. 36 4. Equip building with lockable doors and lighting, and provide electrical service for 37 equipment space heaters and heating or ventilation as necessary to provide storage 38 environments acceptable to specified manufacturers. 39 5. Fill and grade site for temporary structures to provide drainage away from 40 temporary and existing buildings. 41 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 E. Dust Control CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised JULY 1, 2011 W i ON i 00 61 25 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 1 1. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 a. Contractor remains on -call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 1. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. 8 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS [NOT USED] 17 PART 3 - EXECUTION [NOT USED] 18 3.1 INSTALLERS [NOT USED] 19 3.2 EXAMINATION [NOT USED] 20 3.3 PREPARATION [NOT USED] 21 3.4 INSTALLATION 22 A. Temporary Facilities 23 1. Maintain all temporary facilities for duration of construction activities as needed. 24 3.5 [REPAIR] / [RESTORATION] 25 3.6 RE -INSTALLATION 26 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 27 3.8 SYSTEM STARTUP [NOT USED] 28 3.9 ADJUSTING [NOT USED] 29 3.10 CLEANING [NOT USED] 30 3.11 CLOSEOUT ACTIVITIES 31 A. Temporary Facilities 32 33 34 CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised JULY 1, 2011 00 61 25 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 1 1. Remove all temporary facilities and restore area after completion of the Work, 2 to a condition equal to or better than prior to start of Work. 3 3.12 PROTECTION [NOT USED] 4 3.13 MAINTENANCE [NOT USED] 5 3.14 ATTACHMENTS [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE w w s it w w w CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 w Revised JULY 1, 2011 L J M M M.r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 00 61 25 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 3 SECTION 0155 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART 1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 34 71 13 — Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 00 61 25 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 3 1) Allow a minimum of 5 working days for permit review. 2) Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City's Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised July 1, 2011 I m IN so pw 00 61 25 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 w. 006125-1 DAP PROJECT RECORD DOCUMENTS Page 1 of 3 SECTION 0157 13 STORM WATER POLLUTION PREVENTION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 3125 00 — Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance A. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance Measurement and Payment shall be in accordance with Section 3125 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC B. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised July 1, 2011 00 61 25 - 2 DAP PROJECT RECORD DOCUMENTS 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 Page 2 of 3 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 3125 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR 150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR 150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) 'TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 40 1.5 SUBMITTALS 41 42 43 44 45 46 47 .• r.MWJT-J- 1. Submit in accordance with Section 0133 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised July 1, 2011 00 61 25 - 3 DAP PROJECT RECORD DOCUMENTS ,-, Page 3 of 3 1 B. Modified SWPPP 2 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 3 in accordance with Section 0133 00. 4 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] -* 7 1.9 QUALITY ASSURANCE [NOT USED] 8 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 9 1.11 FIELD [SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] 11 PART 2 - -PRODUCTS [NOT USED] 12 PART 3 - EXECUTION [NOT USED] 13 END OF SECTION 14 Revision Log i DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 +M Revised July 1, 2011 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 00 61 25 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 2 SECTION 0160 00 PRODUCT REQUIREMENTS PART 1- GENERAL 1.1 SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. A list of City approved products for use is located on Buzzsaw as follows: 1. Resources\02 - Construction Documents\Standard Products List B. Only products specifically included on City's Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. C. Any specific product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City's Standard Product List. D. Although a specific product is included on City's Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer's standard product. E. See Section 0133 00 for submittal requirements of Product Data included on City's Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised April 7, 2014 00 61 25 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 2 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 - PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City's Standard Product List 4/7/2014 M.Domenech Revised for DAP application 8 so mm mm wo Em CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 ++ Revised April 7, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 _ 16 17 18 19 MM 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 SECTION 0166 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised April 7, 2014 1 2 3 4 5 6 7 MM g 9 i M MP 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 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer's recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer's recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City's Project Representative. 5. Provide off -site storage and protection when on -site storage is not adequate. a. Provide addresses of and access to off -site storage locations for inspection by City's Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers' unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City's Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City's Project Representative. CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised April 7, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 016600-3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non -Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in Storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised April 7, 2014 1 N 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised April 7, 2014 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 SECTION 0174 23 CLEANING PART 1- GENERAL 1.1 SUMMARY 017423-1 DAP CLEANING Page 1 of 4 A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised April 7, 2014 # # # # O, M M 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 4 5 6 7 8 9 10 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 01 74 23 - 2 DAP CLEANING Page 2 of 4 PART2-PRODUCTS 2.1 OWNER -FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised April 7, 2014 MW moo G.] 01 74 23 - 3 DAP CLEANING Page 3 of 4 1 6. Handle materials in a controlled manner with as few handlings as possible. 2 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 3 this project. 4 8. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work. 6 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on -site. 9 B. Intermediate Cleaning during Construction 10 1. Keep Work areas clean so as not to hinder health, safety or convenience of 11 personnel in existing facility operations. 12 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 13 3. Confine construction debris daily in strategically located container(s): 14 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 c. Haul from site at a minimum of once per week 17 4. Vacuum clean interior areas when ready to receive finish painting. 18 a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 19 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 20 may become airborne or transported by flowing water during the storm. 21 C. Exterior (Site or Right of Way) Final Cleaning 22 1. Remove trash and debris containers from site. 23 a. Re -seed areas disturbed by location of trash and debris containers in accordance 24 with Section 32 92 13. 25 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 26 that may hinder or disrupt the flow of traffic along the roadway. 27 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 28 junction boxes and inlets. 29 4. If no longer required for maintenance of erosion facilities, and upon approval by 30 City, remove erosion control from site. 31 Clean signs, lights, signals, etc. 32 3.11 CLOSEOUT ACTIVITIES [NOT USED] 33 3.12 PROTECTION [NOT USED] 34 3.13 MAINTENANCE [NOT USED] 35 3.14 ATTACHMENTS [NOT USED] 36 37 38 39 40 CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised April 7, 2014 ON w.� 1 2 3 DATE NAME 4/7/2014 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP application 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised April 7, 2014 i MR i MM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 017719-1 DAP CLOSEOUT REQUIREMENTS Page I of 3 SECTION 0177 19 CLOSEOUT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 1. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 oft Revised April 7, 2014 i dM i i i .w 1 2 3 4 5 6 7 i. 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 017719-2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PAT 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 0178 39 2. Operation and Maintenance Data, if required, in accordance with Section 0178 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised April 7, 2014 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 W. 29 i 017719-3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor's Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised April 7, 2014 P" MM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 017823-1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 SECTION 0178 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division I — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8'/2 inches x I I inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised April 7, 2014 017823-2 DAP OPERATION AND MAINTENANCE DATA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Page 2 of 5 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly -leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. B inders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised April 7, 2014 017823-3 DAP OPERATION AND MAINTENANCE DATA G� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Page 3 of 5 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut -down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised April 7, 2014 ohm 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA w. Page 4 of 5 1 i. Charts of valve tag numbers, with location and function of each valve 2 j. List of original manufacturer's spare parts, manufacturer's current prices, and y 3 recommended quantities to be maintained in storage 4 k. Other data as required under pertinent Sections of Specifications 5 3. Content, for each electric and electronic system, as appropriate: 6 a. Description of system and component parts 7 1) Function, normal operating characteristics, and limiting conditions 8 2) Performance curves, engineering data and tests 9 3) Complete nomenclature and commercial number of replaceable parts 10 b. Circuit directories of panelboards 11 1) Electrical service •• 12 2) Controls 13 3) Communications 14 c. As installed color coded wiring diagrams 15 d. Operating procedures 16 1) Routine and normal operating instructions 17 2) Sequences required 18 3) Special operating instructions 19 e. Maintenance procedures 20 1) Routine operations 21 2) Guide to "trouble shooting" '! 22 3) Disassembly, repair and reassembly 23 4) Adjustment and checking 24 f. Manufacturer's printed operating and maintenance instructions - 25 g. List of original manufacturer's spare parts, manufacturer's current prices, and 26 recommended quantities to be maintained in storage 27 h. Other data as required under pertinent Sections of Specifications s 28 4. Prepare and include additional data when the need for such data becomes apparent 29 during instruction of City's personnel. 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE a 33 A. Provide operation and maintenance data by personnel with the following criteria: 34 1. Trained and experienced in maintenance and operation of described products 35 2. Skilled as technical writer to the extent required to communicate essential data 36 3. Skilled as draftsman competent to prepare required drawings 37 CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised April 7, 2014 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA +� Page 5 of 5 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] ... 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] i 4 PART 2 - PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1— title of section removed 4/7/2014 M.Domenech Revised for DAP Application w 8 bm M rr CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 M0 Revised April 7, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 017839-1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 SECTION 0178 39 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.3 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City's Project Representative. 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised April 7, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 017839-2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 2.1 OWNER -FURNISHED [OR] OWNER -SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised April 7, 2014 r 3 an 1 2 3 4 5 6 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 017839-3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVEL.OPER AWARDED PROJECTS CPN# 101118 Revised April 7, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RE 25 017839-4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application CITY OF FORT WORTH McKelvey Cole Tract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN# 101118 Revised April 7, 2014