Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 63051-PM1
CSC No. 63051 -PM 1 PROJECT MANUAL FOR THE CONSTRUCTION OF Target- Chisholm Trail IPRC Record No. 24-0069 City Project No.105520 FID No. 30114-0200431-105520-EO7685 X File No. X-28152 File No. W-3051 Mattie Parker Jesus "Jay" Chapa Mayor City Manager Christopher P. Harder, P.E. Director, Water Department Prepared for The City of Fort Worth April 2025 Prepared By: Kimley)))Horn Texas Registered Engineering Firm F-928 04/23/2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 000010 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 6 SECTION 00 0010 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions Last Revised 100 1113 Tfwit tief to Bid efs 03/20/2020 0021 13 inst ...e fiens to Bid efs 03/20/2020 00 41 00 Bid Fe 04/02/2014 00 42 43 Proposal Form Unit Price 05/22/2019 0043 13 Bid Bond 04/02/2014 0045 11 Bidders Pfeq alifie do ' 04/02/2014 00 45 12 Prequalification Statement 09/01/2015 0045 13 Bidder Pfequ ''heat o ^ ^^Beat o 03/09/2020 00 45 26 Contractor Compliance with Workers' Compensation Law 04/02/2014 00 45 40 Minority Business Enterp fife Goa 08/21/2018 00 52 43 Agreement 06/16/2016 00 61 25 Certificate of Insurance 07/01/2011 00 62 13 Performance Bond 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 Maintenance Bond 01/31/2012 00 72 00 General Conditions 11/15/2017 00 73 00 Supplement M' Condition 07/01/2011 0073 10 Standard City Conditions of the Construction Contract for Developer 01/10/2013 Awarded Projects Division 01 - General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 2500 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 01 3120 Project Meetings 07/01/2011 01 3233 Preconstruction Video 08/30/2013 01 3300 Submittals 08/30/2013 01 35 13 Special Project Procedures 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 5000 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 6000 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 01 7123 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 01 77 19 Closeout Requirements 04/07/2014 01 78 23 Operation and Maintenance Data 04/07/2014 01 78 39 Project Record Documents 04/07/2014 CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised March 20, 2020 000010 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 6 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 02- Existing Conditions None Division 03- Concrete None Division 26- Electrical None Division 31- Earthwork None Division 32- Exterior Improvements None Division 33- Utilities None Division 34- Transportation None CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised March 20, 2020 000010 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 6 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: htty://fortworthtexas.2ov/tvw/contractors/ or httDs://apps.fortworthtexas.2ov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition 12/20/2012 0241 14 Utility ity n eraoya i A ban m ne 12/20/2012 0241 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 12/20/2012 03 34 13 Controlled Low Strength Material (CLSM) 12/20/2012 03 34 16 Conefete Base Material for Treneh Repair 12/20/2012 03 80 00 to Didaing Concrete Strdetire^ 12/20/2012 Division 26 - Electrical 26 05 00 C Gmk- R 0111'a for B� 11/22/2013 2605 10 Demolition for Electrical Systems 12/20/2012 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 26 05 43 T TT T mxnd Duets and Daeeways for E'a--�rioal F,, s 07/01/2011 26 05 50 Ca'b`naunioations Multi Duet Condui 02/26/2016 Division 31 - Earthwork 31 1000 Site r� �g 12/20/2012 31 23 16 Unclassified Excavation 01/28/2013 31 2323 Berrew 01/28/2013 31 24 00 E nbaikn. --ats 01/28/2013 31 25 00 Erosion and Sediment Control 12/20/2012 31 3600 Gabieris 12/20/2012 31 3700 Riprap 12/20/2012 Division 32 - Exterior Improvements 3201 17 -Perm ~^~+ Asphalt It n^^irrg RoY-ir 12/20/2012 3201 18 Temporary Asphalt It Paving Repair- 12/20/2012 32 01 29 r^~erete Paving nepai 12/20/2012 32 1123 Flexible Base Courses 12/20/2012 32 1129 Lime e Treated Base Courses 12/20/2012 32 1133 Gerneat Treated Base r,,,,,.^^^ 12/20/2012 32 1137 Liquid ,;a Treated Seil Stab li 08/21/2015 32 1216 Asphalt t Paving 12/20/2012 32 1273 Asphalt It Paving Grae , Sea] r+^ 12/20/2012 32 13 13 Concrete Paving 12/20/2012 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 32 1373 Concrete Paving Joint Sealants 12/20/2012 32 1416 Bfiek Unit Paving 12/20/2012 CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised March 20, 2020 000010 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 6 32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016 32 1723 Pavement Markings 11/22/2013 32 1725 Cufb Address Pait4i'^ 11/04/2013 3231 13 Chain Fenees and Gates 12/20/2012 32 31 26 Wife Ferees a -ad Gates 12/20/2012 32 31 29 12/20/2012 32 32 13 Cast i Plaee Gene-ete Retaining ng Walls 06/05/2018 3291 19 Torao�l I1a d FinAi ^ of Paf eways 12/20/2012 32 92 13 14ydfo Mulehing, Seeding, aa Seddi ^ 12/20/2012 32 93 43 Tfees and Shftibs 12/20/2012 Division 33 - Utilities 3301 30 Sewef and Manhole Testing 12/20/2012 33 01 31 Closed C:reuit Television (CCTV) TW e 03/03/2016 3303 10 B TWA Pumri„^��o.." c� 12/20/2012 33 04 10 mint Bonding and Eleetrieal isolatie 12/20/2012 33 04 11 Coxvraxi Co itml Tost Stations 12/20/2012 33 04 12 Magnesium . Anode de r.,tt.odie P foteetiof Syst ., 12/20/2012 33 04 30 Ta T,--,r,' Wder moo..': o� 07/01/2011 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 3305 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 3305 12 Water Line Lowering 12/20/2012 3305 13 Frame, Cover and Grade Rings — Cast Iron 01/22/2016 3305 13.10 tee, Cove. and Grade Rings Composite 01/22/2016 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 12/20/2012 Grade 3305 16 Cenefete Water Vaults 12/20/2012 3305 17 Cenefete Celhw 12/20/2012 33 05 20 12/20/2012 33 05 21 T,wmel Liner- er Nate 12/20/2012 33 05 22 Steel Casing Pipe 12/20/2012 33 05 23 Hand T„meli ^ 12/20/2012 33 05 24 of Gafr-ierPipe in (`acing or Tuxx~N.� L;naf Plate 06/19/2013 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Lef Fir tiirrg Utditias 12/20/2012 33 1105 Belts, Nuts, and Gaskets 12/20/2012 33 11 10 Duefilo Imn Piro 12/20/2012 33 11 11 Duefilo Imn Fittings 12/20/2012 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 33 11 13 Coner-eto Proovzv Piro, Bar- Vk- ppe , Steel Cylinder- Type 12/20/2012 33 11 14 stool Pirc-and Fittings 12/20/2012 33 1210 Water Services 1-inch to 2-inch 02/14/2017 33 1211 Large e Water- Mete,-s 12/20/2012 33 1220 Resilient Seated Gate Valve 12/20/2012 33 1221 AAWA A R"ubbe" Seated BtMe'er^ Va1y ^ 12/20/2012 33 1225 Connection to Existing Water Mains 02/06/2013 33 1230 Combination A:. Valve Assemblies f . Potable W +e.. Systems 12/20/2012 33 1240 Fire 01/03/2014 CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised March 20, 2020 000010 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 6 33 1250 33 1260 3331 12 33 31 13 33 31 15 33 31 20 Water Sample Stations Standafa Blow off V h,e A ssemb! Gufod ir. Pk-vo Njw �GIPP4 F4be_,,_1x-c Raia_, ~^ea Dire for- `_,wit-, S^a tafy Sewer High Density Delyethyle,,.e (14DPE4 Pipe f . Sanitary Sewer- Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe Pel12/20/2012 12/20/2012 06/19/2013 12/20/2012 12/20/2012 12/20/2012 06/19/2013 33 31 21 33 31 22 Sergi(xr iJir, liming 12/20/2012 333123 S ^r�nr PiN Dru�ygefnet 12/20/2012 33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 33 31 70 Combination Air Valve for Sanitary Sewer- For-ee >\a.,i 12/20/2012 3339 10 Cast i Place Concrete Manholes 12/20/2012 33 39 20 Preeast Concrete Manholes 12/20/2012 33 39 30 D:he~^less Manholes 12/20/2012 33 39 40 Waste.=,.,te, A eves Chamber- (W A C4 12/20/2012 33 39 60 Epoxy T ' e s f ~ Seraafy Sewer- Str etures 12/20/2012 3341 10 De:rf -^ea Cerefete Storm Sewer Pipe Gulyefts 07/01/2011 3341 11 High Density Polyethylene (14DPE4 Pipe f r S,r n P in 12/20/2012 3341 12 De:rf r^ea DelyethleNe (ERPE) Pi--- 11/13/2015 33 46 00 12/20/2012 33 46 01 storm Drain 07/01/2011 33 46 02 Tr--, v-. D,gaiix, s 07/01/2011 33 49 10 Cast in Dlaee Manholes and junetion Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 3441 10 T,-a e Signals 10/ 12/2015 3441 10.01 Atta^mnent A entro'ller-Cabinet 12/18/2015 3441 10.02 nttaehment °ra-ewon 02/2012 3441 10.03 At4aehmentC—Se xmi Fraaifteatio 01/2012 3441 11 omi,; ftiffi Signal^ 11/22/2013 3441 13 Removing Traffie Signals 12/20/2012 3441 15 Rec- a gular Mr/. Flashing Be 11/22/2013 3441 16 PedoGt6an I-I;-bfid Signal 11/22/2013 34 41 20 Readwy Illun. inafean Assemblies 12/20/2012 34 41 20.01 �A,rtA-za! IJ il P_gadw Dan. inasres 06/15/2015 34 41 20.02 Freeway LED D e.,dw ., liwnina r-s 06/15/2015 34 41 20.03 r •Cal. IJ D P_aadw :jamina rvs 06/15/2015 34 41 30 Alursinur. fegns 11/12/2013 34 41 50 Single Mode Fiber- Optie r hle 02/26/2016 3471 13 T,-effie Go tYel 11/22/2013 CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised March 20, 2020 000010 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Appendix Page 6 of 6 GC-4.01 Availability of Lands G42-¢02 Fklbxlu GG-4M Lkn&\g2oux GG 4. G6- 1-laoardeu-s-�-im:a ��I�.al r,endi e at Site GG 6.G-6-.D G -6,09 1 wmit:/..Ix,7 U44ifies GC-6.31 GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS CPN 105520 Revised March 20, 2020 Docusign Envelope ID: 273B288F-0574-4C08-BADE-8356D81649E0 UNIT PRICE BID Bldlist Item No. SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item information Description W4243 DAP - HID PROPOSAL, Peg, I art Bidder's Application Specification I Unit of I Bid Section h'o Measure Quantity Bidder's Proposal Unit Price I Bid Value 1 Salvage Fire Hydrant 1024114 JEA 1 $ 1,500.001 $1,500.00 2 10241.1510 3305.000512"Watertine Lowering P3 05 12 JEA 1 $ 86,378.00 1 $86,378.00� 3 J3305A10424" Casing By OtherThan Open Cut �30522 LF 1161$ 532.001 $61,712.001 4 13311.01416"Water Pipe In 1110, 33 11 12 LF 4751$ 60.401 $28,690.001 5 13311.0441 12" Water Pipe ki311 10, 3311 12 IF 5331 $ 106.74 1 $56,892.42 1 6 13311.067124"SteeIAWWA C200 Water Pipe b31114 ILF 1161$ 99.841 $11,581.441 7 13312,0001 Fire Hydrant 031240 JEA 1 21 $ 8,130.001 $16,260.001 8 13312.0117 Connection to Existing 4"-12"Water Main 031225 JEA 1 11$ 3,420.001 $3,420.001 9 13312.20041" Private WaterService �3 12 10 ILF 1 4351$ 45.521 $19,801.201 10 13312.2204 2" Private Water Service h3 12 10 ILF 1 4351 $ 80.41 1 $34,978.35 1 11 13312.28013"Water Meter and Vault j 3 12 11 JEA 1 11 $ 24,166.001 $24,166.001 12 13312.30026"Gate Valve 031220 JEA 1 131$ 1,840.001 $23,920.001 13 13312.30038"Gate Valve P3 12 20 JEA 1 11$ 2,245.001 $2,245.001 14 13312.300512"Gate Valve P3 12 20 EA 11$ 3,160.001 $3,160.001 15 13312.3105 12" Cut -in Gate Valve 03 12 20 EA 11 $ 3,160.00 1 $3,160.00 1 16 13312.410612" x 67apping Sleeve&Valve p3 12 25 JEA 1 131 $ 6,930.001 $90,090.001 17 13312.4107 12" x 8"Tapping Sleeve &Valve b3 12 25 SEA 1 11 $ 7,810.001 $7,810.001 18 19 20 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT 1: WATER IMPROVEMENTS $475,764.41 1 CRY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUNWINTS - DEVELOPER AWARDFD PROJECTS Form Vmmn Xf,22,2019 004241 Hid ProP,! DAP Docuslgn Envelope ID: 273B288F-0574-4C08-BADE-8356D81649E0 04243 DAP -BID PROPOSAL Page 2 of l SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Infommtion Bidder's Proposal Bidlist Item) Description I Specification Unit of Bid Unit Price Bid Value No Section No. Measure Quantity UNIT It: SANITARY SEWER IMPROV WENTS 1 3305.0107 Manhole Adjustment, Minor 33 05 14 EA 9' $ 2,000.00 $18,000.00 2 3305.0112 Concrete Collar 330517 EA 1 $ 500.00 $500.00 3 3331.41086"Sewer Pipe oa 1110,333112, 113120 LF 182 $ 68.50 $12,467.00 4 3339.10014'Manhole 3339 lo, 33392o EA 11 $ 13,185.00 $145,035.00 5 3339A0024'Drop Manhole 33 39 10, M392o EA 2 $ 21,135.00 $42,270.00 6 7 8 9 10 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 TOTAL UNIT If: SANITARY SEWER IMPROVEMENTS $218,272.00 CITV OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS FarmV man May 2 2,20 19 004243 Hid Proposes DAP Docusign Envelope ID: 273B288F-0574-4C08-BADE-8356D81649E0 004243 DAP-EIDPROPOSAL P,� 3 or7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project item information Bidder's Proposal Bidlist item) Description I Specification I Unit of I Bid Unit Price Bid Value IN section No. Measure Quantity UNIT III: DRAINAGE IMPROVEMENTS 1 0241.4001 Remove 10' Curb Inlet 10241 14 EA 1 $ 2,300.00 $2,300.00 1 2 3137.0102 Large Stone Rlprap,dry (Materials provided by others) 313700 SY 130 $ 95.00 $12,350.00� 3 3341.0103 18- RCP, Class III 3341 10 LF 12 $ 100.38 $1,204.56 4 3341.2004 10x7 Box Culvert 3341 10 LF 220 $ 1,223.86 $269,249.20 5 3349.000513X14 Storm Junction Box 334910 EA 1 $ 58,175.00 $58,175.00� 6 3349.1000 Headwall, Box Culvert 33 49 40 CY 18.5 $ 1,500.00 $27,750.00 7 3349.6001 10' Recessed Inlet 33 49 20 EA 1 $ 6,950.00 $ 6,950.00 8 9 10 11 12 13 15 16 18 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 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $377,978.761 CRY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCIIAIENTS - DE\T:LOPFR AWARDED PROJECTS Form \'armon Af, 22, 2019 W 4243 Ind Pro,,,ilFE AP Docusign Envelope ID: 273B288F-0574-4C08-BADE-8356D81649E0 W4243 DAP -BID PROPOSAL Page 4 of 7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item intonation Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No Measure Quantity UNIT IV: PAVING IMPROVEMENTS 1 0241.0100 Remove Sidewalk 024113 9251 $ 5.65 $ 52,268.151 2 0241.0300 Remove ADA Ramp 0241 13 ISF EA 1 $ 2,650.00 $ 2,650.00 3 0241.1300 Remove Conc Curb&Gutter 0241 15 ILF 1672 $ 14.30 $ 23,909.60 4 3211.0400 Hydrated Lime 3211 29 JTN 34 $ 320.00 $ 10,880.00 5 3211.0501 6" Lime Treatment 321129 SY 2245 $ 9.10 $ 20,429.50I 6 13213.01016"Conc Pvmt 132 13 13 ISF 1 2245 $ 5.16 $ 11,584.20� 7 13213.0301 4" Cone Sidewalk 132 1320 NSF 1 14759 $ 5.45 $ 80,436.55 8 13213.0502 Barrier Free Ramp, Type U-1 132 1320 JEA 1 1 $ 250.00 $ 250.00 9 13213.0506 Barrier Free Ramp, Type P-1 1321320 JEA 1 8 $ 250.00 $ 2,000.00� 10 13216.01016" Come Curb and Gutter 1321613 11-F 1 70 $ 12.00 $ 840.00 11 13217.0202 8" SLD Point Marking HAS (Y) 132 17 23 ILF ( 815 $ 7.00 $ 5,705.00 12 13217.0502 Preformed Thermoplastic Contrast Markings -24"Crosswalk 32 17 21 LF 1 130 $ 20.00 $ 2,600.00 13 13471.0001 Traffic Control 347113 MD 3 $ 2,500.00 $ 7,500.00� 14 15 16 17 18 20 21 23 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT IV: PAVING IMPROVEMENTS $221,053.001 CRY OF FORT NORTH STANDARD CONSTRUCTION SPEC IFICATION DOCUAIEMS -DEVELOPER AWARDED PROJECTS Farm Voorm Af, 22,2019 04243 lndPmpnvl DAP Docusign Envelope ID: 273B288F-0574-4C08-BADE-8356DB1649E0 UNIT PRICE BID Bidllst item) No. 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 18 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 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information Specification Unit of Description Section No. Measure UNIT V: STREET LIGHTING IMPROV WENTS 2605.3011 2" CONDT PVC SCH 40 (T) 1260533 LF 2605.30122"CONDTPVCSCH40(B) 1260533 LF 3441.1430 Install Conductor Cable 13441 10 LF 3441.1502 Furnish/Install Ground Box Type B, w/Apron 13441 10 EA 3441,16321nstali Type 33A Arm 1344120 EA 3441.3050 Furnish/Install LED Lighting Fixture(70 watt ATBO Cobra Head) 3441 za EA 3441.3302 Rdwy Ilium Foundation lY 3,5,6, and 8 344120 EA 3441.3502 Relocate Street Light Pole 34 41 20 EA 00 42 43 DAP - BID PROPOSAL Page 5 or7 Bidder's Application Bid Quantity 433 $ 504 $ 1160 $ 5 $ 3 $ 3 $ 5 $ 2 $ TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS Bidders Proposal Unit Price I Bid Value 10.00 120.00 12.00 1,200.00 300.00 900.00 800.00 1,200.00 $4,330.00 $60,480.00 $13,920.00 $6,000.00 $900.00 $2,700.00 $4,000.001 $2,400.00 $94,730.001 CITY OF FORT WORTH STANDARD CONSTRUCTION SPFCIFICATION DOCUMENTS - DE111OPPR AWARDED PROJECTS Furm P<n,on May 22, 2019 M4243 B,d Proposal DAP Docusign Envelope ID: 273B288F-0574-4CO8-BADE-8356D81649E0 00 42 43 DAP - AID PROPOSAL Page 6 nr7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Beat Information Bidder's Proposal Bidlist item) I Specification I Unit of I Bid o Description Section No. Measure Quantity Unit Price Bid Value N 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS TOTAL UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATIONDOCr IEWS- DEVELOPER AWARDFDPROKCTS Farm \'euion Xf, 22,2019 004243 aW Proposal DAP Docusign Envelope ID: 273B288F-0574-4Go8-BADE-8356D81649E0 M 4243 DAP-BIDPROPOSAL Page 7 or SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist item) I Description Specification I Unit of I Bid Unit Price Bid Value Aro. r Section NO. Measure Quantity Bid Summary UNIT I: WATER IMPROVEMENTS $475,764.41 UNIT It: SANITARY SEWER IMPROVEMENTS $218,272.00 UNIT III: DRAINAGE IMPROVEMENTS $377,978.76 UNIT IV: PAVING IMPROVEMENTS $221,053.00 UNIT V: STREET LIGHTING IMPROVEMENTS $94,730.00 UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS Total Construction Bid $1,387,798.17 This Bid is submitted bir the entity named below: BIDDER: Cerris Builders 5633 W Spring Creek Parkway Suite 200 Plana, TX 75024 Contractor agrees to complete R70RK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. Jason Oldham BY: 5 DocuSigned by: ZO o , TITLE:kLXgRrJMda1Ce President DATE:3/12/2025 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECWCATION DOCUMENTS -DEVELOPER AWARDED PROJECTS Fom, Version May 22, 2019 214 working days after the date when the M4243_Bid Propozd DAP 0045 12 DAP PREQUALITICATION STATEMENT Page 1 of I SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work TvDe" box provide the complete major work tvne and actual descri_ntion as Drovided bv_ the Water_ Department for water and sewer and TPW for Davin¢. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date UNIT I: WATER Circle H Construction April 30, 2025 IMPROVEMENTS 1 UNIT II: SANITARY SEWER Circle H Construction April 30, 2025 IMPROVEMENTS UNIT III: DRAINAGE Circle H Construction April 30, 2025 IMPROVEMENTS 1 UNIT V: STREET LIGHTING KC Construction Jan 25, 2027 I IMPROVEMENTS The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: CERRIS BUILDERS 5633 W Spring Creek Parkway, Suite 200 Plano, TX 75024 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT- DEVELOPER AWARDED PROJECTS Digitally signed by Noe BY: Franco DN. E_rfranco@mwbuilders.com, Noe Franco CN=Noe France, OWMW, OU=Donosn Users, DC-mmo, DO -corps Date: 2025.04.09 11:44:32-05'00' (Signature) TITLE: Operations Manager DATE: 04/09/2025 0045 12_Prequalification Statement 2015_DAP Form Version September 1, 2015 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 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. CPN 105520. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: CERRIS BUILDERS Company 5633 W SPRING CREEK PKWY #200 Address PLANO. TX 75024 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By. Charles Rombold (Please Pri Signature: YV Title: Division Manager (Please Print) WO hVIEnders gne a thority, on this day personally appeared C PP , known to me to be the person whose name is subscribed to the foregMk�(� instrument, and acknowledged to me that he/she executed the same as the act and deed of Z_ for the purposes and consideration therein expressed and in the capaci y therein stated. GIVFAJ UNDER MY HAND AND SEAL OF OFFICE this day of Up - ta, 20 S�ILA otary Public in and for the State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 <:�Y:e •. CHRISTIE M. SCHNOOR *: My Notary ID # 126929118 Expires August 9, 2028 Target- Chisholm Trail CPN 105520 LETTER AGREEMENT December 17, 2024 City of Fort Worth City Hall, 5' Floor 100 Fort Worth Trail Fort Worth, Texas 76102 Attention: CFA Administrator Re: A101-2017 Standard Form of Agreement Between Owner and Contractor dated effective June 13, 2024 (the "Contract for Construction"), by and between Chisholm Trail Center, L.P., a Texas limited partnership ("Owner"), as owner, Cerris Builders, as contractor, and Kimley Horn, as engineer, for engineering and development work related to that certain real property owned by Owner and located in Fort Worth, Texas, commonly referred to as Chisholm Trail West (the "Project") To Whom It May Concern: In connection with the Owner's development of the Project, the City of Fort Worth (the "Lily") has requested that Owner enter into a Community Facilities Agreement ("CFA") with the City for the construction of certain public infrastructure improvements funded entirely or in part by Owner (the "Development Work"). CFA Section 00 52 43 (the "Agreement") would constitute a new Contract for work contained within the existing Contract for Construction (attached hereto as Exhibit A and incorporated herein by reference). Therefore, the City and Owner hereby agree that this letter and its attachment shall serve as Section 00 52 43 of the pending CFA, and that the City shall not require a new and separate Agreement (or any other separate construction agreement) for any portion of the Development Work that is included within the Contract for Construction. [Remainder of Page Intentionally Blank] Letter Agreement - Page 1 of 3 IN WITNESS WHEREOF, Owner has duly executed this Letter Agreement to be effective as of the day and year first written above. OWNER: Chisholm Trail Center, L.P., a Texas limited partnership By: UCD Chisholm Trail GP, LLC, Ge ral Pa ner - b By: Name: Robert Dorazil Title: Manager THE STATE OF Texas COUNTY OF Dallas BEFORE ME, the undersigned notary, on this day personally appeared Robert Dorazil, as Manager of UCD Chisholm Trail GP, LLC, General Partner of Chisholm Trail Center, L.P., a Texas limited partnership, personally known to me or proved to me through the presentation of a valid form of identification, to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of said limited liability company. Given under my hand and seal of office this the 17 V/� & Expiration: NOTARY of December 2024. TATE OF Texas +*w .���^ CHELSEA PIPER s Notary 10 #131289728 My Commission Expires �'+r +� September 21, 2025 fQF� Letter Agreement - Page 2 of 3 Exhibit A Contractor Agreement [Attached] Letter Agreement - Page 3 of 3 -,:- Document Al 01— 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made effective as of the 13th day of June in the year 2024 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) Chisholm Trail Center. LP, a Texas Limited Partnership This document has important Preston Road legal consequences. Suite 410 Suit Consultation with an attorney Dallas. Texas 75205 is encouraged with respect to its completion or modification. The parties should complete Al010-2017, Exhibit A, and the Contractor: Insurance and Bonds, (Name, legal status, address and other information) contemporaneously with this Agreement. AIA Document MW Builders A2010--2017, General 5633 W. Sorine Creek Pkwv Conditions of the Contract for Suite Suit Construction, is adopted in this Plano,. Texas 75024 document by reference. Do not Telephone Number: 469-808-7510 use with other general conditions unless this document is modified. for the following Project: (Name, location and detailed description) Chisholm Trail West - Target Site Fort Worth Texas The Afehitest:En2ineer (all references herein to the "Architect" shall mean the Ene_ ineer): (Name, legal status, address and other information) Kimlev Horn 260 East Davis Street. Suite 100 McKinnev. Texas 75069 Micheal Do2vett. PE The Owner and Contractor agree as follows. Init. AIA Document A101 — 2017. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The t American Institute of Architects. This document was produced at 13:09:46 ET on 06/18/2024 under Order No.2114543226 which expires on 06/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (31219ADA41) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF. THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ] The date of this Agreement. [ X ] A date set forth in a notice to proceed issued by the Owner. [ ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) Init. AIA Document A101 — 2017. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 13:09:46 ET on 06/18/2024 under Order No.2114543226 which expires on 06/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA41) [ ] Not later than ( ) calendar days from the date of commencement of the Work. [ X ] By the following date: December 20.2024. § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date Buildinla pad complete and Certified 10/01/2024 - Note qualifications dated 06/06/24 with assumed Dermit dates Substantial completion to be modified nendina actual issuance date Of Dermit(s). § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Eleven Million Four Hundred and Ninety -Six Thousand Five Hundred Forty Dollars and Zero Cents ($ 11.496.540.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum: Item Price «Alternate 41 - Chanae Solder Pile Wall to Milsap Wall>> ($1.042.875)Alternate #2 - Delete Select Fill & Lime Onsite Dirt Pad12" a_ 70/U($70.000)Altemate #3 - Install 4' Iron Fence West Wall $27.454Alternate #4 - Chanee Private Storm HDPE ILO RCP (S16.400) Alternate #5 - Primary Conduits Per Plan Layout $52.533Alternate 45 - Secondary 12 ea. Conduits from Transformer Stubbed uD 5' from Buildine Line 26 359 § 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item N/A § 4.3 Allowances, if any, included in the Contract Sum: (Identify each allowance) Item Price Price Conditions for Acceptance § 4.4 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Init. AIA Document A101 - 2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The t American Institute of Architects. This document was produced at 13:09:46 ET on 06/18/2024 under Order No.2114543226 which expires on 06/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA41) Item N/A Units and Limitations Price per Unit ($0.00) § 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) One Thousand Dollars (S1,000.00) per day for every day after the Substantial Completion Date that Substantial Completion of the Work has not been achieved or the Work has not been accepted by the City of Fort Worth and any applicable utilities provider or required state or local entity. The liquidated damages provided in this Section 4.5 shall be the Owner's exclusive monetary remedv for damages arising from delays in completion of the work.» § 4.6 Other: (Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.) N/A ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the "a Engineer and Owner's Representative by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Arehlteet-Owner not later than the25th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 25th day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than Thirty ( 30 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 In accordance with AIA Document A201TM-2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and .3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified. Init. AIA Document A101 — 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 4 t American Institute of Architects. This document was produced at 13:09:46 ET on 06/18/2024 under Order No.2114543226 which expires on 06/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiaoontracts.com. User Notes: (3 B9ADA41) § 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201-2017; and .5 Retainage withheld pursuant to Section 5.1.7. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) 10% § 5.1.7.1.1 The followingitems are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) N/A § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications) N/A § 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage upon Substantial Completion.) N/A § 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Article 12 of AIA Document A201-2017, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: Init. AIA Document A101 — 2017. Copyright® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The t American Institute of Architects. This document was produced at 13:09:46 ET on 06/18/2024 under Order No.2114543226 which expires on 06/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA41) § 5.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any) N/A % ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The ° -- t-Ent?ineer will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201- 2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201-2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box) [ X ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 [ ] Litigation in a court of competent jurisdiction [ ] Other (Spec) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2017. § 7.1.1 If the Contract is terminated for the Owner's convenience in accordance with Article 14 of AIA Document A201-2017, then the Owner shall pay the Contractor a termination fee as follows: (Insert the amount of, or method for determining, the fee, if any, payable to the Contractor following a termination for the Owner's convenience) N/A § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. Init. AIA DocumentA101 —2017. Copyright 0 1915,1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The s t American Institute of Architects. This document was produced at 13:09:46 ET on 06118/2024 under Order No.2114543226 which expires on 06/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA41) § 8.2 The Owner's representative: (Name, address, email address, and other information) Robert V. Dorazil 7001 Preston Road Suite 410 Dallas. Texas 75205 Teleohone Number: 2143164813 Mobile Number: 214-533-5225 Email Address: rdoraziil7ucdcorD.com § 8.3 The Contractor's representative: (Name, address, email address, and other information) Charles Rombold 5633 W. Snrina Creek Pkwv Suite 200 Plano. Texas 75024 Teleohone Number: 469-808-7510 § 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A101TM_ 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum; Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document AlOITm-2017 Exhibit A, and elsewhere in the Contract Documents. § 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201-2017, may be given in accordance with AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with AIA Document E203-2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission) By email with confirmation of delivery to each Dartv's representative named herein § 8.7 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document A l o lTm -2017, Standard Form of Agreement Between Owner and Contractor .2 AIA Document AlO1TIL-2017, Exhibit A, Insurance and Bonds .3 AIA Document A201Tm-2017, General Conditions of the Contract for Construction .4 AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Agreement.) Init. AIA DocumentA101 —2017. Copyright m 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 7 American Institute of Architects. This document was produced at 13:09:46 ET on 06/18/2024 under Order No.2114543226 which expires on 06117/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA41) .5 Drawings Number Title Date .6 Specifications Section Title Date Pages 7 Addenda, if any: Number Date Pages Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .8 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.) [ ] AIA Document E204T" —2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) [ ] The Sustainability Plan: Title Date Pages [ ] Supplementary and other Conditions of the Contract: Document Title Date Pages Exhibit A Insurance Reauirements Exhibit B Contaractor's Bid Exhibit E Proposal Index of drawings. Specifications and Other Contract Documents .9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201 TI"L2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or proposal, portions ofAddenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Decn::::cnm4. Documents. This -his Agreement entered into as of the day and year first written above. Init. AIA DocumentA101 —2017. Copyright@ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," 'American Institute of Architects,' "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The t American Institute of Architects. This document was produced at 13:09:46 ET on 06/18/2024 under Order No.2114543226 which expires on 06/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA41) Snature) Robert V. Dorazil Manaeer of General Partner (Printed name and title) (Printed name and title) "e) Vice President Init. AIA Document A101 — 2017. Copyright m 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The t American Institute of Architects. This document was produced at 13:09:46 ET on 06/18/2024 under Order N0.2114543226 which expires on 06117/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3 B9ADA41) Certification of Document's Authenticity AIA® Document D401- - 2003 I, Theodore M. Jones, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification 13:09:46 ET on 06/18/2024 under Order No. 2114543226 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A10 frm - 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, other than changes shown in the attached final document by underscoring added text and striking over ckleted text. Sgnecl (Title, (Dated) AIA Document D401 — 2003. Copyright m 1992 and 2003. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA; the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 13:09:46 ET on 06/18/2024 under Order No.2114543226 which expires on 06/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, docinfo@aiacontracts.com. User Notes: (3B9ADA41) EXHIBIT A INSURANCE AND BOND REQUIREMENTS BONDS: Contractor shall provide such maintenance bonds as may hereafter be reasonably required by Owner or Owner's lenders and financial sources. Contractor shall provide all bonds required for purposes of permitting and related governmental approvals. INSURANCE REOUIREMENTS: The Contractor, at his own expense, shall purchase and maintain insurance which will protect it from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations are by the Contractor or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, which insurance shall include the following coverages and the additional requirements set forth on Exhibit A-1 attached hereto: (i) Contractor and subcontractors of all tiers must provide commercial GL insurance for all work and operations in connection with the Work (which shall include products/completed operations and contractual liability coverages), with Contractor coverage limits of not less than $5,000,000 per occurrence, $5,000,000 general aggregate, $5,000,000 products/completed operations aggregate; and subcontractor coverage limits of not less than $1,000,000 per occurrence, $2,000,000 general aggregate, $2,000,000 products/completed operations aggregate (ii) worker's compensation complying with the requirements of the State of Texas, plus employer's liability insurance with coverage limits of not less than $500,000 per each accident, $500,000 disease policy limit and $500,000 per disease of each employee; and (iii) automobile liability insurance covering use of all owned, non -owned, hired, rented, or leased vehicles used in connection with construction of the Work with a combined single limit for bodily injury liability and property damage liability of not less than $1,000,000 per occurrence. All coverages shall be written on an occurrence basis. Certificates of insurance shall be filed with Owner prior to commencement of the Work and, if any insurance is cancelled or expires prior to final completion of the Work, new certificates of insurance shall be filed with Owner to evidence the replacement coverages on or prior to the date of cancellation or expiration of the old policy. Owner, as well as such other persons as it may reasonably specify, shall be named as additional insureds under all required insurance, except workers compensation/employers liability. All insurance required hereunder shall also include, by endorsement or otherwise, waivers of subrogation against Owner and any other person that it specifies as an additional insured, as well as all officers, directors, managers, trustees, employees, agents and affiliates of each of them. If the insurance coverages required hereunder are not kept in effect, Owner may procure and maintain the required insurance or substitute insurance protecting the interests of Owner and any other person that it specifies as an additional insured, and Contractor shall, within ten (10) days following delivery of commercially reasonable invoices, reimburse Owner for the reasonable, out-of-pocket cost of such substitute coverage, and if Owner has not provided such reimbursement within ten (10) days after delivery of such invoices and accompanying information, Owner shall deduct said amount from the next payment or the final retainage payment due Contractor. Initial Certificates of Insurance shall be filed naming the following additional insureds: 1. Owner, Chisholm Trail Center, LP, a Texas limited partnership; 2. Owner's Lender: MidFirst Bank, a federally chartered savings association ISAOA ATIMA P O Box 54385 Oklahoma City, OK 73154 2. UCD Chisholm Trail GP, LLC, a Texas limited liability company 3. Legacy Capital Company II, a Texas Corporation EXHIBIT A-1 ADDITIONAL INSURANCE REQUIREMENTS Insurance company rated A or better additional insured must be Chisholm Trail Center, LP; the builder's risk Certificate should state: o `Builder's Risk Coverage" o Include insured location of the covered property o Included deductible amount o policy must be Special Form or All -Risk o policy must be full replacement of the improvements and show a break-out of coverage for miscellaneous perils such as items in transit, materials stored offsite, etc. o agreed value endorsement stating amount, or a statement that there is no co-insurance. o the amount of the insurance should be sufficient to cover the improvements (insurable value); o terrorism coverage required o flood insurance, if any structure to be constructed on the Property is located currently or at any time in the future in an area identified by the Federal Emergency Management Agency as an area having special flood hazards (Flood Zone) o windstorm, if applicable • policy term must be 1 year for general liability, workers compensation/employers liability, and auto liability policies; Policy is not "blanket coverage" including other property or properties; There is no margin clause; shall contain a provision that insurance company will notify owner and lender at least 30 days before cancellation, non -renewal, or reduction in the limits of coverage. List certificate holder as follows: MidFirst Bank, a federally chartered savings association ISAOA ATIMA P O Box 54385 Oklahoma City, OK 73154 MidFirst Bank is to be named as Lender's Loss Payable endorsement without contribution and Sole Mortgagee on the builder's risk insurance and Additional Insured on liability; Include endorsement for additional insured. EXHIBIT B PROPOSAL TARGET SITE PACKAGE FT WORTH, TX I JUNE 7, 2024 SITE PACKAGE Target Site Package $9,739,597 Offsite Package $624,147 Private Road $680,275 Out Lot Package $1,475,450 Total $12,519,469 Accepted Alternates Alternate #1 ($1,042,875) Alternate #3 $27,454 Alternate#4 ($70,000) Alternate #5 ($16,400) Alternate #7 $52,533 Alternate #8 $26,359 Revised Contract Amount $11,496,540 ALTfRW,gi� WEST TRUCK LANE OVER 4' CLOSER TO PARKING LOT TO ELIMINATE SOLDER PILE WALL & INSTALL MILSAP STONE WALL AT WALL 7 & 8 DEDUCT ($1,042,875) 2. WALL 7 & 8 CHANGE TO A CANTELEVERED SOLDER PILE WALL DEDUCT ($500,000) 3. INSTALL 4' IRON FENCE ALONG WEST SITE WALL ADD $27,454 4. LIME BUILDING PAD 12" @ 7% ILO SELECT FILL IMPORT DEDUCT ($70,000) 5. UTILIZE HDPE PIPING ILO RCP AT PRIVATE STORM AREAS DEDUCT ($16,400) 6. INSTALL PRIMARY & COMM CONDUITS NO CONCRETE ENCASEMENT ON A PER LF BASIS UNTIL ROUTING PLAN IS PROVIDED BY PROVIDOR PRIMARY PER LF ADD $124.59 PER LF &TA AMWBullders PROPOSAL TARGET SITE PACKAGE FT WORTH, TX I JUNE 7, 2024 7. INSTALL PRIMARY AND COMM CONDUITS PER PLAN PAGE C-241 NO CONCRETE ENCASEMENT ADD $52,533 8. INSTALL 12 EACH NO CONCRETE ENCASEMENT SECONDARY CONDUITS TO WITHIN 5' OF BUILDING. ADD $26,359 DIVISION 1 I GENERAL REQUIREMENTS GENERAL REQUIREMENTS 1. Pricing is based upon a lump sum contract. 2. Pricing breakouts are for accounting purposes only. 3. Excludes topographical survey. 4. Includes sales tax. 5. Excludes building permit fee and tap fees. 6. Excludes any impact fees. 7. Excludes platting, 8. Excludes material testing. 9. Includes builder's risk insurance. 10. Excludes builder's risk associated with owner's equipment. 11. Excludes environmental permitting, TCEQ permitting (i,e, air permitting) and all related requirements, 12. Excludes bond. 13. Excludes tap fees. 14. Excludes public inspection fees for site utility public piping. 15. Excludes removal or abatement of hazardous materials or other hidden conditions. 16. Excludes LEED certification. 17. "Compressed Schedule" On 4 June, MW Builders was informed of Permit restrictions that will severely compress the Construction schedule. Owner agrees that MW will have met all requirements for "Pad Acceptance" (and shall not be liable for Liquidated Damages) if all the following are completed by October 1 st, 2024: a. Building Pad Certified b. Northern and Eastern Retaining Walls (RW #2 & RW #3) completed c. Storm Drain Line A installed d. Storm Drain Line B installed e. Staging Area provided with compacted, non -expansive, free -draining, drivable surface able to perform under all weather conditions f. 24' wide all-weather construction surface provided with compacted, non -expansive, free -draining, drivable surface able to perform under all weather conditions g. Temporary power brought to Staging Area as proposed (240V 200A single-phase service). Contractor shall propose a change order to furnish 480V 600A service. No temporary telephone service is planned for the Staging Area. h. 1.5" water line connected to fire hydrant via temporary meter furnished by the City and brought underground to staging area 18. "Compressed Schedule` Owner agrees that the following items shall be not be completed on or prior to October 1 st, 2024: a. Water System shall not be complete. The CFA releasing work on the public line is not expected until late September. b. Sanitary Sewer System shall not be complete. The CFA releasing work on the public line is not expected until late September. i V I V MWBu/lders PROPOSAL TARGET SITE PACKAGE FT WORTH, TX I J U N E 7, 2024 c. Electric, Gas, and Telephone conduits shall not be complete. Drawings for each system are in revision. d. Storm System shall not be complete, outside of lines SD -A and SD-B. e. Parking Lots and Roads shall not be complete. 19. "Compressed Schedule" Bid pricing assumed scope completion during normal working hours, M-F 7:00 am — 5:00 pm CST. Any requirement levied by the Building Contractor or Owner to work outside of normal working hours (including nights or weekends) shall be a compensable change order. 20. 'Compressed Schedule" Contractor is pursuing an aggressive schedule to mitigate permit delay and restrictions by Others. The proposed schedule assumes: a. Early Grading Permit issued no later than 1 July 2024. b. Final Grading Permit & City Pre -Construction Meeting completed no later than 1 Aug 2024. Final Grading Permit must release all retaining walls and private utilities for construction, c. No weather days are included in the above planning assumptions. Each weather delay shall result in a compensable day -for -day delay to the Project. d. Should any permit delay beyond the above assumptions, this will result in a delay to the above milestone dates, particularly those in item #17 above. e. Due to the permit delays and restrictions by Others, and resultant concurrent work onsite with the Building Contractor, delays in all items contained in item #18 above are expected. These schedule and cost inefficiencies are not evaluated or captured in this contract amount or schedule due to their unknown nature at this time. DIVISION 21 SITE CONSTRUCTION DEMOLITION 1. Includes 2 each site pole lights being relocated as per offsite plans. 2. Includes demolition of existing sidewalks as shown EARTHWORK 1. Earthwork costs based upon the civil pricing plans. 2. Includes temp road & staging area as per plans. The intent is to install 8" of type D base and eliminate lime at these areas. 3. Earthwork includes lime stabilized subgrade at all site paving. 4. Earthwork includes 1' select fill at building pad. 5. Includes erosion control per plans & erosion control install of silt fence at all out lots, 6. Includes export of material. 7. Includes M/C at pad per Geo-Tech 8. Includes 4" imported and/or amended topsoil at Target Site Only. Stripped topsoil to be stockpiled and redistributed on site. 9. Includes exporting excess material offsite. 10. Includes rock excavation as needed. 11. Includes all needed barricades to install new turn lanes & mediums. 12. Includes public road prep with lime stabilization. 13. Includes certified pad grade certificate. 14. Includes hydro mulch & temp watering at all out lots. SITE UTILITIES / STORM DRAIN 1. Site utilities and storm drain are based upon the provided plans. Includes rock excavation per the utility elevations. 2. Offsite 9x5 box culvert included as shown. TAT MWBullders PROPOSAL TARGET SITE PACKAGE FT WORTH, TX I JUNE 7, 2024 3. Includes Contech detention piping as per plans. 4. Excludes grease trap & piping from grease trap to building. 5. 12" water line lowering included per plans with a 12" gate valve near the beginning points of lowering. 6. Excludes gas piping distribution. None shown. 7. Includes water quality ponds per plans. 8. All storm piping priced as RCP & PVC for 12" & smaller piping. 9. Includes 8" to 1' AFF fire riser inside building pumproom. Target must provide CAD file for exact Riser location. 10. Excludes underground collection of roof drains. Roof drains to sheet drain on paving. 11. Includes primary & communication conduit per site electrical plan. SITE CONCRETE / MARKINGS 1. Concrete pavement is based upon civil plans. 2. Offsite paving priced as 7" thick. 3. Private road & truck lanes/fire lanes priced as 6" thick. 4. Includes pumping of site paving concrete 100%. 5. All paving is included with sawjoints @ 15' centers each way & 90' centers each way redwood expansions joints. 6. Excluding loaded expansion joint dowel baskets. 7. Includes city walks & site walks at target per plans. 8. Excludes building sidewalks behind paving curb lines. 9. Includes all paving infills after building is completed. 10. Excludes truck ramp wall. 11. Includes truck ramp paving after building is completed. 12. Includes pavement markings, fire lane marking, handicap and wheel stops per plans. 13. Excludes transformer pad with bollard protection. 14. Excludes dumpster pads or generator pads. 15. Excludes concrete pads for tenant items. LANDSCAPING & IRRIGATION 1. Includes landscaping per plans. 2. Irrigation to be design build by subcontractor. 3. Includes irrigation sleeving. 4. Includes hydroseed & temp water at all out lots. 5. Excludes mulch, topsoil, curlex, or other surface erosion prevention treatments for Out Lots. S. Excludes 1 year maintenance contracts. FENCES & GATES 1. Includes 4' tall iron fencing as per plans. 2. Includes one line guardrail as shown on plans. SITE AMENITIES 1. Includes necessary handicapped parking signs and traffic signs. 2. Excludes dumpster enclosure. 3. Excludes monument signage allowance. 4. Excludes decorative site items. (i.e., bike rack, light bollards, and flagpoles). RETAINING WALLS Jkv I KWBui/ders PROPOSAL TARGET SITE PACKAGE FT WORTH, TX I JUNE 7, 2024 1. Includes Mosaic Sandstone retaining walls per plans. 2. Includes grey mortar at walls. 3. Includes solder pile wall 7 & 8 with Mosaic Sandstone applied to exposed side. 4. Includes sleeves for fencing & guardrails. 5. Pricing includes utilizing onsite common fill as back fill materials behind all walls, DIVISION 7 1 THERMAL & MOISTURE PROTECTION JOINT SEALANTS 1. Includes caulked joint sealants at onsite concrete paving. 2. Includes hot poured rubber sealants at all offsite concrete paving. DIVISION 16 1 ELECTRICAL ELECTRICAL 1. Includes installation of owner provided site pole lighting. 2. Includes wire & conduit to all new site pole lights. 3. Excludes building wall packs, & covered parking lights. 4. Exclude site bollard lights. 5. Excludes primary & comm conduits. 6. Exclude secondary conduits. 7. All site lighting conduits to be stubbed up within 5' of building lines. 8. Homerun and wire from building panel to 15' pole light is by owner. 9. Includes provision of one 240V 200A single-phase temporary power pole to the Staging Area Jil JRWBu/ldenq Exhibit E - INDEX OF DRAWINGS, SPECIFICATIONS AND OTHER CONTRACT REPORTS '•.• MWBui/ders Chisolm Trail Target Retail Site in Fort Worth, Texas Civil - IPRC Set C-001 Cover Sheet 03111124 03/18/24 Kimley Mom IC-002 City of Fort Worth Notes 03111/24 03118/24 Kimley Hom IC-003 Kimley Hom General Notes 03/11/24 03118/24 Kimley Hom IC-004 Dreg Horizontal Control Plan 03111/24 03118124 Kimley Hom IC-005 Draft Horizontal Control Plan 03/11/24 03/18/24 Klmley Hom IC-006 Draft Horizontal Control Plan 03111124 03/18/24 Kimley Hom �C-007 Overall Site Plan 03111/24 03118124 Kimley Hom C-008 Site Plan 03111/24 03/18/24 Kimley Hom C-009 Site Plan 03/11124 03/18/24 Kimley Hom IC-100 Overall Water Line Lowering Plan 03/11124 03118/24 Klmley Hom IC-101 Water Line Lowering Plan 03111124 03/18/24 Klmley Horn IC-102 Overall Water Plan 03/11/24 03118/24 Klmley Mom C-103 Water plan 03111/24 03118124 Klmley Hom Water Plan 03/11/24 03/18/24 Kimley Horn kC-104 105 Overall Sewer plan 03111/24 03/18/24 Kimley Hom 106 Sewer plan 03111/24 03118124 Klmley Hom IC-107 Sewer plan 03/11/24 03/18/24 Kimley Hom IC-108 Utility Details 03111/24 D3118124 Klmley Mom IC-109 Utility Details 03/11124 03118124 Kimley Hom IC-110 Utility Details 03/11/24 03/18/24 Kimley Mom IC-200 Overall Demolition plan 03/11124 03118/24 Kimley Hom IC-201 Demolition plan 03/11124 03118124 Klmley Hom Demolition plan 03/11/24 03/18/24 Kimley Rom IC-202 C-203 Demolition plan 03/11124 03/18/24 Klmley Rom C-204 Overall Dimension control plan & paving plan 03111/24 03/18/24 Kimley Hom IC-205 Dimension control plan 6 paving plan 03/11/24 03/18/24 Kimley Rom IC-206 Dimension control plan & paving plan 03111/24 03/18/24 Kimley Hom C-207 Dimension control plan 3 paving plan 03111/24 03118/24 Kimley Hom IC-208 Paving Details 03111124 03118/24 Kimley Hom IC-209 Paving Details 03/11/24 03/18124 Klmley Rom C-210 Overall Striping plan 03111/24 03/18124 Kimley Hom C-211 Striping plan 03111/24 03/18/24 Kimley Hom C-212 Striping plan 03111124 03/18/24 Klmley Hom C-213 Striping plan 03/11/24 03/18124 Klmley Hom Exhibit E - INDEX OF DRAWINGS, SPECIFICATIONS AND OTHER CONTRACT REPORTS /•/' MWAgui/ders Chisolm Trail Target Retail Site in Fort Worth, Texas Date of Original Date Received Revision 2 Date Received Revision 4 Revision 5 Revision 6 Revision 7 Issued By Sheet Description Document I Document C-214 Striping Details 03/11124 03/18/24 Kimley Hom C-216 Overall Grading Plan 03/11124 03118124 Kimley Hom �C-216 Grading Plan 03/11124 03118/24 Kimley Hom IC-217 Grading Plan 03/11124 03118/24 Kimley Hom IC-218 Grading Plan 03/11124 03/18124 Kimley Hom IC-219 Existing Drainage Area Map 03/11/24 03/18124 Kimley Hom IC-220 Overall Drainage Area Map 03111/24 03118/24 Kimley Hom IC-221 Drainage Area Map 03/11/24 03/18124 Kimley Hom C-222 Drainage Area Map 03111/24 03/18124 Kimley Hom C-223 Drainage Caculations 03111124 03118124 Kimley Hom C-224 Overall Storrs Plan 03/11/24 03/18/24 Kimley Hom C-225 Storm Plan 03/11124 03/18/24 Kimley Hom C-226 Drainage Details 03111/24 03118/24 Kimley Horn C-227 Overall Erosion Control Plan 03/11/24 03/18/24 Kimley Hom IC-228 Erosion Control Plan 03/11/24 03/18/24 Kimley Hom IC-229 Erosion Control Details 03111124 03118124 Kimley Hom IC-230 Overall Tralflc Control Plan - Phase 1 03/11/24 03118/24 Kimley Hom IC-231 Traffic Control Plan - Phase 1 03/11/24 03118/24 Kimley Hom IC-232 Traffic Control Plan - Phase 1 03111124 03/18124 Kimley Hom IC-233 Traffic Control Plan - Phase 1 031/1/24 03118124 Kimley Hom IC-234 Traffic Control Plan - Phase 1 03/11/24 03/18/24 Kimley Hom IC-235 Overall Traffic Control Plan - Phase II 03/11124 03118/24 Kimley Hom IC-236 Traffic Control Plan - Phase 11 03/11/24 03/18/24 Kimley Hom IC-237 Traffic Control Plan - Phase 11 03111124 03118/24 Kimley Hom I C-238 Traffic Control Plan - Phase 11 03/11/24 03118124 Kimley Hom IC-239 Traffic Control Plan - Phase II 03/11/24 03118/24 Kimley Hom IC-240 Traffic Control Details 03/11/24 03/18/24 Kimley Hom IC-241 Overall Illumination Plan 03/11/24 03/18/24 Kimley Hom IC-242 Illumination Plan o3111124 03118/24 Kimley Hom Civil! - Grading Permit Set — C-1.00 Cover Sheet 03/11/24 03/13/24 Kimley Hom C-1.01 Index Page 03111124 03/18124 Kimley Hom C-1.02 City of Fort Worth Notes 03111124 03/18/24 Kimley Hom C-1.03 Kimley- Hom General Notes 03/11/24 03/18/24 Kimley Hom C-1.04 Plat 03111124 03/18124 Kimley Hom IC-1.05 Plat 03111124 03118/24 Kimley Hom IC-1.06 Plat 03/11/24 03/18/24 Kimley Hom IC-2.00 Overall Demolition Plan 03111124 03118/24 Kimley Hom IC-2.01 Demolition plan 03111/24 03/18/24 Kimley Hom Exhibit E - INDEX OF DRAWINGS, SPECIFICATIONS AND OTHER CONTRACT REPORTS 'TAk• Mwiffui/ders Chisolm Trail Target Retail Site in Fort Worth, Texas C-2.02 Demolition plan 03/11124 03118/24 Kimley Hom C.300 Overall Site Plan 03/11124 03118/24 Kimley Hom C.301 Site Plan 03/11/24 03118/24 Kimley Hom C.302 Site Plan 03/11/24 03/18/24 Kimley Mom C-4.00 Overall Dimension control plan & paving plan 03111/24 03/18/24 Kimley Hom C-4.01 Dimension control plan & paving plan 03111/24 03118124 Kimley Hom C-4.02 Dimension control plan & paving plan 03/11/24 03/18/24 Klmley Rom IC-4.03 Dimension control plan & paving plan 03/11/24 03/18/24 Kimley Hom IC-4.04 Paving Details 03/11/24 03/18/24 Kimley Hom IC-5.00 Overall Grading Plan 03/11/24 03/18124 Kimley Hom IC-5.01 Grading Plan 03/11124 03118/24 06/01/24 05/10/24 Kimley Hom IC-6.02 Grading Plan 03/11124 03118124 06/01/24 05/10/24 Kimley Hom �C-5.03 Grading Plan 03111/24 03/18/24 Kimley Hom C-6.00 Existing Drainage Area Map 03/11124 03/18/24 Kimley Hom C-6.01 Overall Drainage Area Map 03/11/24 03118/24 Kimley Hom C-6.02 Drainage Area Map 03/11/24 03118/24 Kimley Hom IC-6.03 Drainage Area Map 03/11/24 03118/24 Kimley Hom IC-7.00 Overall Storm Plan 03/11/24 03/18/24 Kimley Hom IC-7.01 Storm Plan 03/11/24 03/18124 Kimley Hom C-7.02 Storm Plan 03/11124 03118/24 Kimley Hom C-7.03 Storm Plan 03111/24 03/18/24 Kimley Hom C-7.04 Storrs Profiles 03111/24 03/18/24 Kimley Hom C-7.05 Storm Profiles 03/11124 03118/24 Kimley Hom C-7.06 Storm Profiles 03/11124 03118/24 Kimley Hom C-7.07 [Storm Profiles 03111/24 03/18/24 Klmley Hom C-7.08 Storm Profiles 03111124 03/18124 Kimley Hom C-7.09 Storm Profiles 03/11/24 03118/24 Kimley Hom C-7.10 Storm Profiles 03/11/24 03118/24 Kimley Hom IC-7.11 Drainage Calculations 03/11/24 03/18/24 Kimley Hom C-7.12 Drainage Calculations 03111124 03118/24 Kimley Rom C-7.13 Drainage Details 03/11/24 03/18/24 Kimley Mom IC-7.14 Drainage Details 03111/24 03/18/24 Kimley Hom C-7.15 Drainage Details 03111124 03118124 Kimley Hom C-8.00 IOverall Water Plan I 03111124 I 03118/24 I Klmley Hom C-8.01 Water Plan I 03/11/24 I 03/18/24 I Kimley Hom IC-8.02 IWater Plan I 03/11/24 I 03/18124 I Kimley Hom IC-8.03 (Overall Sewer Plan I 03111124 03/18124 I Kimley Hom IC-8.04 ISewer Plan I 03/11/24 I 03/18/24 I Kimley Hom C-8.05 ISewer Plan I 03/11/24 I 03118/24 I Kimley Hom IC-8.06 ISanitary Sewer Profile I 03111124 I 03118124 Klmley Hom Exhibit E - INDEX OF DRAWINGS, SPECIFICATIONS AND OTHER CONTRACT REPORTS A•'iT MWBui/ders Chisolm Trail Target Retail Site in Fort Worth, Texas Date of Original Date Received Revision 2 Date Received Revision 4 Revision 6 Revision 6 Revision 7 Issued By Sheet Description Document Document C-8.07 Utility Details 03/11/24 03/18/24 Kimley Rom C-8.08 Utility Details 03/11/24 03118124 Klmley Hom IC-8.09 Utility Details 03111/24 03118/24 Kimley Hom C-9.00 Overall Erosion Control Plan 03/11/24 03/18/24 Kimley Hom IC-9.01 Erosion Control Plan 03/11/24 03/18/24 Kimley Hom IC-9.02 Erosion Control Plan 03111124 03118124 Kimley Hom IC-9.03 Erosion Control Details 03111124 03118124 Kimley Hom IC-10.00 Topographic Survey 03111124 03/18/24 Kimley Hom C-11.00 Staging Plan 03111124 03/18/24 Klmley Hom C-12.00 Building Walk -Around Plan 03/11124 03118/24 Kimley Hom C-13.00 Truck Access & Loading Dock Maneuvering Plan 03/11/24 03/18/24 Kimley Hom C-14.00 Overall off -site Improvement plan 03/11124 03118/24 Klmley Ham C-14.01 Off -site Improvement plan 03/11/24 03118/24 Kimley Hom C-14.02 Off -site Improvement plan 03/11/24 03/18/24 Klmley Hom EO E1 Lighting Photometrics & Circuitry Plan Lighting Photometrfcs & Circuitry Plan 03111/24 ! Kimley Hom 03171l24 I! Kimley Hom 1-1.01 Overall Landscape Plan 03/11/24 Kimley Hom I1.2.01 Landscape Enlargement 03111/24 Kimley Hom IL2.02 Landscape Enlargement 03/11/24 Kimley Hom I1-2.03 Landscape Enlargement 03111/24 Kimley Hom I1-3.01 Landscape Schedule & Calculations 03111/24 Kimley Hom 11.3.02 Planting Details 03/11/24 Kimley Hom IL3.03 Planting Details 03/11/24 Kimley Hom L3.04 Hardscape Details 03111124 Kimley Hom L3.05 Landscape Spefications 03111/24 Kimley Hom Retaining Wag RWSP1 Retaining Wall Site Plan 03/11/24 Kimley Hom RW-SP2 Retaining Wall Site Plan 03/11/24 Kimley Hom IRW-SP3 Retaining Wall Site Plan 03111124 Kimley Hom IRWSP4 Retaining Wall Site Plan 03/11124 Klmley Hom IRW-1 Retaining Wall Notes & Details 03/11/24 Kimley Hom IRW-2 Retaining Wall Details 03111/24 Klmley Hom Exhibit E - INDEX OF DRAWINGS, SPECIFICATIONS AND OTHER CONTRACT REPORTS AL' MWBuilders Chisolm Trail Target Retail Site in Fort Worth, Texas Date of Original fhb Received Revision 2 DO* Received Revision 4 Revision 5 Revision 6 Revision 7 Issued By Most I Description Document I I I I I I I I Document RW-3 Retaining Wall Details 03111124 Kimley Hom RW-4 Retaining Wall Details 03/11/24 Klmley Hom RW-5 Retaining Wall Details 03111/24 Klmley Hom RW-6 Retaining Wall Details 03/11124 Kimley Hom RW-7 Retaining Wall Details 03/11/24 Kimley Hom I RW-B Retaining Wall Details 03/11/24 Kimley Hom I RW-9 Retaining Wall Details 03/11/24 Klmley Hom 1 :AIA -17 Document A201 - 2017 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) I Chisholm Trail West - Tara_ et Site Fort Worth Texas THE OWNER: (Name, legal status and address) This document has important legal consequences. Chisholm Trail Center. LP.. a Teaxs Limited Partnershin Consultation with an attorney 7001 Preston Road is encouraged with respect to Suite 410 its completion or modification. Dallas. Texas 75205 For guidance in modifying this document to include THE AD�'.,.�.,;?EGT-; ENGINEER (All references herein to "Architect" shall mean the Engineer): supplementary conditions, see (Name, legal status and address) AIA Document A503TA1, Guide for Supplementary Conditions. Kimlev Horn 260 East Davis Street McKinnev. Texas 75069 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT Init. AIA DocumentA201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 1 t American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA2F) 15 CLAIMS AND DISPUTES Init. AIA DocumentA201 —2017. Copyright@ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA2F) INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9. 10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect's Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect's Administration of the Contract 3.1.3, 3.7.4,15.2,9.4.1,9.5 Architect's Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.2.14,6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect's Interpretations 4.2.11, 4.2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Architect's Relationship with Subcontractors 1. 1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment Init. AIA Document A201 — 2017. Copyright ® 1911. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 3 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA2F) 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1.1.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3. 1. 1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2,9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9 1,4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9. 1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9. 1, 9.10.3, 12.21 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.11, 3.12.85 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3,4,9.4,9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8. 1. 1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 Contractor's Employees Init. AIA DocumentA201 —2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 4 American Institute of Architects. This document was produced at 11:20:13 ET on 06/1312024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA21F) 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor's Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 2.2.2, 9.7 Contractor's Right to Terminate the Contract 14.1 Contractor's Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3A, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Init.AIA DocumentA201 —2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 5 American Institute of Architects. This document was produced at 11:20:13 ET on 06113/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA2F) Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.1210.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15. 1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2,5.3,5.4.1,6.2.4,7.3,7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15. 1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4. 1, 15.4.1.1 Minor Changes in the Work 1. 1. 1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Init. AIA DocumentA201 —2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 6 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA21F) Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1. 1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8,15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor's 3.2, 3.7;4 Occupancy 2.3.1, 9.6.61 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 132.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4. 1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner's Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2A, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2. 1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Insurance 11.2 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.5, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.4 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9. 10. 1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9. 10. 1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 Project, Definition of 1.1.4 Init.AIA Document A201 — 2017. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 7 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA2F) Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9. 1, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 31.1,3.5,3.12.6,8.2.1,93.3,9.4.2,9.5.1,9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5. 1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.11 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1. 1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6. 1, 6.3,.7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2; 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3,9.4.2,9.8,9.9.1,9.10.3, 12.2, 15.1.2 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Init. AIA DocumentA201 —2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiecontracts.com. User Notes: (3139ADA2F) Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2,9.10.1, 10.3.2, 12.2.1,13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 Init. AIA DocumentA201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 1 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06112/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA2F) ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding or proposal requirements. § 1.1.2 The Contract The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and a Subcontractor or a Sub -subcontractor, (3) between the Owner and the Architect or the Architect's consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.3 The Work The term "Work" means the construction and services required by the Contract Desuwtents—,Documents or reasonablv inferable from them) -whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. § 1.1.5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. § 1.1.6 The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 Instruments of Service Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent Init. AIA DocumentA201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 1 O American Institute of Architects. This document was produced at 11:20:13 ET on 06113/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA2F) consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Contract. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in'dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles, or (3) the titles of other documents published by the American Institute of Architects. § 1.4Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub - subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect, and the Architect's consultants. § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement. § 1.6.2 Notice of Claims as provided in Section 15.1.3 15.1.3. suspension, termination. breach or default shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. § 1.7 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. Init. AIA DocumentA201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 11 Jr American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 0611212025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentss Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA2F) § 1.8 Building Information Models Use and Reliance Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203TI-'-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202Tm-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying parry's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor, within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 2.2 Evidence of the Owner's Financial Arrangements § 2.2.1 Prior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately. § 2.2.2 ` x l xp3a =.: r-Wen , e.; est b; he Ce t ee eF, teAhe ✓✓.'itraA ' Owner-ebligatiens wider- the Cen4raet only if(!) the fails to make « a4s to the J'MmAc: --trh coirmacs e make payment when due; er- (3) a ehange in the Wer-k mmefia4y ehaRges 4he Centmet Sum. if the Qw-mer- kiiis to immediate!y step the Wer4E and, in gieA eveat, shall netify the Oymer- theA the Work has stopped. However-, if the maj'7i1z1tn 1Yfw�M'1., stop only thin pai4ion a ft4e Wer-k a ,,.va 1,.. t t1'ir" -�snbil -Basenable evidence is pfevided.4-f itapped undeF this Seetien 2.2.2, the Gentfae4 Time shall be extended appFepr-iately and the Gentmet &tmi i ll Se :. c_*2e1il 'c . s i b rr�, ;�►s INTENTIONALLY DELETED § 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as "confidential," the Contractor shall keep the information confidential and shall not disclose it to any other person. However, the Contractor may disclose "confidential" information, after seven (7) days' notice to the Owner, where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s) order. The Contractor may also disclose "confidential" information to its employees, consultants, sureties, Subcontractors and their employees, Sub -subcontractors, and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. § 2.3 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for buildine and site Dermit Init. AIA Document A201 — 2017. Copyright m 1911, 1915. 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 12 American Institute of Architects. This document was produced at 11:20:13 ET on 0611312024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents9 Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA2F) fees necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.4 Owner's Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.5 Owner's Right to Carry Out the Work If the Contractor. defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect, or failure. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. Init AIA DocumentA201 —2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," 'American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 13 f American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA2F) § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract s:Documents. and is or will become familiar with the surface and subsurface conditions. drainage, soil plasticity and general suitabilitv of conditions at the site. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the ,Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner and Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects to the Contractor's proposed alternative, the Contractor shall perform the Work using its alternative means, methods, techniques, sequences, or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. Init. AIA DocumentA201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 14 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA21F) § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3,12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 Permits, Fees, Notices and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for Iko ✓ hlixg pe.mi4 as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. Buildine and site vermit fee(s) paid for by Owner. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from Init. AIA DocumentA201 —2017. Copyright©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 15 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA21F) those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may submit a Claim as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Architect may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review. Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. § 3.10 Contractor's Construction and Submittal Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," 'AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 1 G American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA2F) § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Architect's approval. The Architect's approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 Documents and Samples at the Site The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 17 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA2F) a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such notice, the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. § 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Shop Drawings, and other 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 the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 3.12.10.2 If the Contract Documents require the Contractor's design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect. § 3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery, and surplus materials from and about the Project. Init. AIA DocumentA201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 18 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA2F) § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 General § 4.1,1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. § 4.2 Administration of the Contract § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. Init. AIA DocumentA201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 19 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@alacontracts.COm. User Notes: (369ADA21F) § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Architect's review shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences, or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may order minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect's responsibilities at the site. The Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 20 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA2F) § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a Separate Contractor or the subcontractors of a Separate Contractor. § 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub - subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of receipt of the information, the Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or. Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 Subcontractual Relations By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work that the Contractor, by these Contract Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract Init.AIA Document A201 — 2017. Copyright m 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963. 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 21 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA2F) agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub - subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner's Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11, and 12. § 6.2 Mutual Responsibility § 6.2.1 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. Init. AIA DocumentA201 — 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 22 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA2F) § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor's Work. Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner's or Separate Contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor's delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. § 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner's Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor, and Architect. A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor, and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. Init. AIA DocumentA201 —2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 23 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (389ADA21F) § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following: .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers' compensation insurance, and other employee costs approved by the Architect; .2 Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all begs and -i-nixtmta► ;, V m+4-fees—,insurance. permit fees (excluding buildina and site permits). and sales, use, or similar taxes, directly related to the change; and .5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. Itllt. AIA DocumentA201 —2017. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 24 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/1212025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA21F) § 7.4 Minor Changes in the Work The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect's order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect's order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time. ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor's control; (4) by delay authorized by the Owner pending mediation and binding dispute resolution; or (5) by other causes that the Contractor asserts, and the Architect determines, justify delay, then the Contract Time shall be extended for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Contract Sum to Init. AIA Document A201 — 2017. Copyrightm 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 25 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA2F) the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's subsequent Applications for Payment. § 9.3 Applications for Payment § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor's right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. § 93.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect's reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect's reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect's knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 26 f American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA21F) payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or I repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When either party disputes the Architect's decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. § 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. Init. AIA DocumentA201 —2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 27 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/1212025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA2F) § 9.6.5 The Contractor's payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney's fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. § 9.7 Failure of Payment If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's. Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start- up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is 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. § 9.8.2 :When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if Init. AIA Document A201 — 2017. Copyright m 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 28 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA217) any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the. Contract Documents § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on -site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as manufacturers' warranties or specific Subcontractor warranties, and (6) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 29 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA2F) certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub -subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. § 10.2.2 The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss. § 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 30 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA2F) § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials and Substances § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor's notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable additional costs of shutdown, delay, and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred. § 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. Init. AIA DocumentA201 —2017. Copyright@ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 31 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06112/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA21F) ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor's Insurance and Bonds § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Architect, and Architect's consultants shall be named as additional insureds under the Contractor's commercial general liability policy or as otherwise described in the Contract Documents. § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. § 11.1.4 Notice of Cancellation or Expiration of Contractor's Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 11.2 Owner's Insurance § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub -Subcontractors in the Work. When the failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted. In the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, Subcontractors, and Sub -subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner's Required Property Insurance. Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, and Sub -subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. Init. AIA Document A201 — 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 32 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA2F) § 11.3 Waivers of Subrogation § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents, and employees, each of the other; (2) the Architect and Architect's consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub -subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect's consultants, Separate Contractors, subcontractors, and sub -subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance The Owner, at the Owner's option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner's property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner's property, due to fire or other hazards however caused. §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 33 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA2F) the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor's expense. § 12.2 Correction of Work § 12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 12.2.2 After Substantial Completion § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.5. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. snit. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," 'American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 34 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA2F) § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment. § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. § 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach.thereunder, except as may be specifically agreed upon in writing. § 13.4 Tests and Inspections § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner's expense. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure, including those of repeated procedures and compensation for the Architect's services and expenses, shall be at the Contractor's expense. § 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. Init AIA DocumentA201 —2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," °AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 35 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order N0.2114542075 which expires on 06/1212025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA21F) ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, as well as reasonable overhead and profit on Work not executed, and costs incurred by reason of such termination. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 1.4.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, Init. AIA Document A201 — 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 36 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA2F) the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption under Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 Termination by the Owner for Convenience § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner's convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner's convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to. substantiate Claims shall rest with the party making the Claim. This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2 § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Init. AIA Document A201 — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 37 American Institute of Architects. This document was produced at 11:20:13 ET on 06/1312024 under Order No.2114542075 which expires on 06112/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA2F) § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. In such event, no decision by the Initial Decision Maker is required. § 15.1.4 Continuing Contract Performance § 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker's decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 1.5.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction. § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either parry's termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. Notwithstanding anvthina to the contrary in this Section 15.1.7., nothing in the Contract Documents shall limit either vartv's liability to the other party for: (a) damaees (whether consequential or otherwise) to the extent covered and actually paid by insurance required by the Contract Documents, (b) damaaes a t)artv incurs to the extent resulting from the fraud or willful misconduct of the other oartv . § 15.2 Initial Decision 14 § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim. If an initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker, the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. Init. AIA DocumentA201 —2017. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 38 American Institute of Architects. This document was produced at 11:20:13 ET on 06113/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA2F) § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional Supporting data, such party shall respond, within ten days after receipt of the request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. Init. AIA DocumentA201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 39 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06112/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes; (3139ADA2F) § 15.3.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to file for binding dispute resolution within 60 days after receipt thereof, then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision. § 15.3.4 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 Arbitration § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. The Arbitration shall be conducted in the place where the Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 Consolidation or Joinder § 15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement. Init. AIA DocumentA201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The 40 American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA21F) Certification of Document's Authenticity AIA® Document D401- - 2003 I, THEODORE JONES, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification 11:20:13 ET on 06/13/2024 under Order No. 2114542075 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A201TM - 2017, General Conditions of the Contract for Construction, other than changes shown in the attached final document by underscoring added text and striking over deleted text. rl � - (Signed) (Title) 1,44 (Dated) AIA Document D401 —2003. Copyright ® 1992 and 2003. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 11:20:13 ET on 06/13/2024 under Order No.2114542075 which expires on 06/12/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, docinfo@aiacontracts.com. User Notes: (3139ADA2F) BEGIN AMENDMENT Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (this "Amendment") is made and entered into to be effective as of February 24, 2025, between Chisholm Trail Center, LP, A Texas Limited Partnership ("Owner") and Cenis Builders, flea. MW Builders, Inc.("Contractor") WITNESSETH: WHEREAS, Owner and Contractor are parties to that certain A 10 1 Standard Contract between Owner and Contractor dated effective as of June 13, 2024 (the "Agreement"); and WHEREAS, Owner and Contractor now desire to amend the Agreement pursuant to the terms and provisions set forth herein. NOW, THEREFORE, for and in consideration of the premises and mutual agreements contained herein, the payment of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Contractor agree that the Agreement is amended as follows: 1. All capitalized terms used in this Amendment, to the extent not otherwise expressly defined herein shall have the same meanings ascribed to such terms in the Agreement or applicable Contract Documents (as defined in the Agreement). Al01 Section § 9.1.9 of the Agreement shall be replaced in full with the following: § 9.1.9 Document Title Exhibit F CFA Proposal Form Exhibit G CFA Prequalification Statement Exhibit H City of Fort Worth Insurance ACORD Form Exhibit I CFA Payment Bond Exhibit J CFA Performance Bond Exhibit K CFA Maintenance Bond Exhibit L CFA Power of Attorney for Bonds Exhibit M CFA Worker's Compensation Affidavit Exhibit N CFA Standard City General Conditions of the Construction Contract for Developer Awarded Projects Future The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: Notice to Proceed. Field Orders. Change Orders. Letter of Final Acceptance. Date Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB A201 Section § 1.2.1 of the Agreement shall be replaced in full with the following: § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. All Work performed pursuant to any Community Facilities Agreement (CFA) executed between the Owner and the City of Fort Worth shall be performed in accordance with the City's Standard Conditions, attached hereto. If any conflict exists between the Contract Documents and the City's Standard Conditions, then the City's Standard Conditions shall control. 4. A201 Section 3.18 of the Agreement shall be amended to include the new subsection 3.18.3 as follows: § 3.18.3 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 alleized or proven that all or some of the damaLyes beiniz sought were caused, in whole or in Dart, by anv act, omission, or ne2li2ence of the Citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses, and legal fees incurred by the City in defending against such claims and causes of action. 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 Droven that all or some of the damages beins sousht were caused. in whole or in Dart, act, omission, or ne0ilzence of the City. - 5. A201 Section § 11.1.1 of the Agreement shall be replaced in full with the following: § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Architect, and Architect's consultants shall be named as additional insureds under the Contractor's commercial general liability policy or as otherwise described in the Contract Documents. For all Public Work, Contractor shall purchase and maintain insurance Der the terms and conditions of the CFA Standard Citv General Conditions of the Construction Contract for Developer Awarded Projects, and the Citv of Fort Worth shall be listed as "Additional Insured." Except as amended herein, the terms and conditions of the Agreement shall continue in full force and effect and are hereby ratified in their entirety. Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB This Amendment may be executed in one or more counterparts. Owner and Contractor agree that this Amendment may be transmitted by facsimile or email, and Owner and Contractor intend that faxed or emailed signatures shall constitute original signatures. A facsimile copy, email copy or any counterpart or conformed copy of this Amendment with the signature, original, faxed or emailed, of Owner and Contractor shall be binding on the Owner and Contractor. EXECUTED to be effective as of the date first written above. OWNER: Chisholm Trail Center, LP a Texas limited partnership DocuSigned by: By°dQ Ro BVQDeralg8... Manager of General Partner CONTRACTOR: CERRIS BUILDERS, INC. a T nation By] ( A.Y{,t,S f 6m6Ld 4'I'� °Ifol d Division Manager Docusign Envelope ID: 273B288F-0574-4C08-BADE-8356D81649E0 IEXHIBIT F I UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 DAP - BID PROPOSAL, Pagt 1 af7 Bidder's Application Bidder's Proposal Aidlist Item I Specification Unit of Rid No Description Section No. Measure Quantity Unit Price Aid Value UNIT 1: WATER IMPROVEMENTS 1 0241.1510 Salvage Fire Hydrant 0241 14 J EA 1 $ 1,500.00 2 3305,0005 12" Waterline Lowering 33 05 12 EA 1 $ 86,378.00 3 3305A104 24" Casing By Other Than Open Cut 33 05 22 LF 116 $ 532.00 4 3311.0141 6" Wa€er Pipe 33 11 10, 3311 12 LF 475 $ 60.40 5 3311.0441 12" Water Pipe 33 11 10, 33 11 12 LF 533 $ 106.74 6 3311.0671 24" Stee[A\AUA C200 Water Pipe h3 11 14 LF 116 $ 99.84 7 3312.0001 Fire Hydrant 03 12 40 EA 2 $ 8,130.00 8 3312.0117 Connection to Existing4"42" Water Main 031225 EA 1 $ 3,420.00 9 3312.2004 1" Private Water Service 31210 LF 435 $ 45.52 10 3312.2204 2" Private Water Service 3 12 10 LF i 435 $ 80.41 11 3312.2801 3' Water Meter and Vault 312 11 EA 1 $ 24,166.00 12 3312.3002 6"Gate Valve 031220 EA 13 $ 1,840.00 13 3312,3003 8" Gate Valve P3 12 20 EA 1 $ 2,245.00 14 3312,3005 12" Gate Valve P3 12 20 EA 1 $ 9,161).00 15 3312,3105 12" Cut -in Gate Valve 03 12 20 EA 1 $ 3,160.00 16 3312A106 12" x 6" Tapping Sleeve & Valve 3 12 25 EA 13 $ 6,930.00 17 3312,4107 12" x 8" Tapping Sleeve & Valve 3 12 25 FA 1 $ 7,810.00 18 19 20 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL. UNIT 1: WATER IMPROVEMENTS $1,500.00 $86,378.00 $61,712.00 $28,690.00 $56,892.42 $11,581." $16,260.00 $3,420.00 $19,801.20 $34,978.35 $24,166.00 $23,920.00 $2,245.00 $3,160.00 $3,160, 00 $90,090.00 $7,810.00 $475,764,411 CITY OF PORT WORTH STAN DART] CO\STRUCTIOV SPECIFICATION DOCUMEWS - DEVELOPER AWARDED PROJECTS Form 6enion Afay 22, 2019 0042 43_RicIProlvo A DAP Docusign Envelope ID: 273B288F-0574-4C08-BADE-8356DB1649E0 00 42 43 EXHIBIT F DAP - RJOPROPOSAL Page 2 or7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Infomiation Bidder's Proposal Bidlist hem Description Specification I Unit a£ Bid nit Price Bid Value \o. II Section No. Measure Quantity UNIT IL SANITARY SEWER IMPROVEMENTS 1 13305.0107 Manhole Adjustment, Minor 33 05 14 EA 9 $ 2,000.00 $18,000.00 2 13305.0112 Concrete Collar 33 05 17 EA 1 $ 500.00 $500.00 3 13331.4108 6" Sewer Pipe '43 33 1110, 33 31 12, LF 182 $ 68.50 $12,467.00 4 13339,10014'Manhole 20 33391o,333920 EA 11 $ 13,185.00 $145,035.00 5 13339,1002 4'Drop Manhole 333910,333920 EA 2 $ 21,135.00 $42,270.00 6 7 8 9 10 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 TOTAL UNIT It: SANITARY SEWER IMPROVEMENTS $218,272,00 C1 rV OF FORT WORTH STANDARD CONSTRUCTION SPFCIFICATIp?I DOCUMENTS -DEVELOPER AWARDED PROJECTS Fcrn. Xlmicn May 22, 2019 00 42 43_Bid Proposnl_DAP Docusign Envelope ID: 273B288F-0574-4C08-BADE-8356D81649E0 00 42 43 EXHIBIT IF DAP -RID PPge3 AL e 3 af7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project ltenilnform ration Bidders Proposal Ridliat Rem Description p I Specification I Unit of I Bid Unit Price i Rid Value No_ Section No. Measure 11 Quantity 11 UNIT III: DRAINAGE IMPROVEMENTS 1 10241.4001 Remove 10'Curb Inlet 10241 14 EA 1 $ 2,300.00 $2,300.00 2 13137.0102 Large StoneRiprap,dry(Materials provided byothers)31 37 00 SY 130 $ 95.00 $12,350.00 3 18" RCP, Class III 3341 10 LF 12 $ 100.38 $1,204.56 4 13341.0103 3341.2004 10x7 Box Culvert 3341 10 LF 220 $ 1,223.86 $269,249.20 5 13349.0005 13X14 Storm Junction Box 33 49 10 EA 1 $ 58,175.00 $58,175.00 6 I3349.1000 Headwall, Box Culvert 33 49 40 CY 18.5 $ 1,500.00 $27,750.00 7 13349.6001 10' Recessed Inlet 33 49 20 EA 1 $ 6,950.00 $ 6,950.00 9 10 11 12 13 15 16 18 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 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $377,978.76 CRY OF FORT WORTH STANDARD CONSTRUCTION SPCCIFICATIO\ DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 004241_13 id Proposa _DAP Docusign Envelope ID: 273B288F-0574-4CG8-BADE-8356D81649E0 IEXHIBIT F I UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Inforn)ation 00 42 43 DAP - BID PROPOSAL Page 4 of 7 Bidder's Application Bidder's Proposal Bid]ist Item Description I Specification Unit of I Bid Unit Price I Bid Value No. Section To. Measure Quantity UNIT IV: PAVING IMPROVEMENTS 1 10241.0100 Remove Sidewalk 024.1 13 ISF 9251 $ 5.65 $ 52,268.15 2 10241.0300 Remove ADA Ramp 0241 13 EA 1 $ 2,650.00 $ 2,650.00 3 I0241.1300 Remove Conc Curb&Gutter 0241 15 ILF 1672 $ 14.30 $ 23,909.60 4 3211.0400 Hydrated Lime 32 11 29 JTN 34 $ 320.00 $ 10,880.00 5 3211.0501 6" Lime Treatment i321129 SY 2245 $ 9.10 $ 20,429.50 6 3213.0101 6" Conc Pvmt 132 13 13 SF 2245 $ 5.16 $ 11,584.20 7 3213.0301 4" Conc Sidewa€k I32 13 20 SF 14759 $ 5.45 $ 80,436.55 8 3213.0502 Barrier Free Ramp, Type U-1 32 1320 EA 1 $ 250.00 $ 250.00 9 13213.0506 Barrier Free Ramp, Type P-1 32 13 20 I EA 8 $ 250.00 $ 2,000.00 10 6" Conc Curb and Gutter 32 1613 1321723 ILF 70 $ 12.00 $ 840.00 11 13216.0101 3217.0202 8" SLD Pvmt Marking HAS (Y) LF 815 $ 7.00 $ 5,705A0 12 13217.0502Preformed Thermoplastic Contrast Markings -24"Crosswalk 321722 LF 130 $ 20.00 $ 2,600.00 13 13471.0001 Traffic Control 3471 13 MO 3 $ 2,500.00 $ 7,500.00 14 15 16 17 18 20 21 23 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT IV: PAVING IMPROVEMENTS $221,053.00 CITY OF FORT NORTH STANTDAR1) CONSTRUCTION SPE:CIP'1CATION DOCUMENTS - DEVI; LOPER AWARDED PROJECTS Forn3 Version May 22,20I9 004241_HMP-ro l DAP Docusign Envelope ID; 273B288F-0574-4C08-BADE-8356D81649E0 00 42 43 EXHIBIT IFDAP-HIOPROPOSAL Page s or2 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL. FORM UNIT PRICE BID Bidder's Application Project Item Information Biddees Proposal Bidlist Item Speeificalion I7cscri tion p I I Unit of I Bid Unit Price Bid Value \' o \ Section o. Measure Quantity UNIT V: STREET LIGHTING 1MPROV EMENTS {{ 1 2605.3011 2" CONDT PVC SC 40 (T) 26 05 33 LF 433 $ 10.00 $4,330.00 1 2 2605.3012 2" CONDT PVC SC 40 (B) 1260533 LF 504 $ 120.00 $50,480.00 1 3 3441 10 3441.1430 Install Conductor Cable 134 LF 1160 $ 12.00 $13,920.00 4 3441.1502 Furnishllnstall Ground Box Type B, w/Apron 41 10 EA 5 $ 1,200.00 $6,000.00 5 3441.16321nstallType 33AArm 1344120 EA 3 $ 300.00 $9nn.00 6 3441,3050 Fumishllnstall.LED Lighting Fixture (70 watt ATBO Cobra Head) 3a41 20 FA 3 $ 900.00 $2,700,00 7 3441.3302 Rdwy Illum Foundation TY 3,5,6, and 8 3441 20 FA 5 $ 800.00 $4,000.00 8 3441.3502 Relocate Street Light Pole 34 41 20 FA 2 $ 1,200.00 $2,400.00 9 10 11 12 13 15 j 16 18 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 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $94,730.001 CrrY OF FORT WORTH STANDARD CONSTRUCTION SPF.CIFICATFON DOCUMENTS - DLVGLOPPR AWARDED PRO7CCT5 F004243 _Hid Proposal_DAP Form Vmion htay 22, 2014 Docusign Envelope ID: 273B288F-0574-4C08-BADE-8356D81649E0 004243 EXHIBIT F DAP - RIA PRPPOSAL Page 6 of 7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information I Bidder's Proposal Bidlist Item ) f Speeification J Unit of Bidj Description Price Bid Value `10 Section No. 1] Measure QuantityUnit I f1 UNIT VI. TRAFFIC SIGNAL IMPROVEMENTS ... 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT VI. TRAFFIC SIGNAL IMPROVEMENTS CITY OR FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 0042 43__Bid Pioposil_DAP Docusign Envelope ID: 2738288F-0574-4CO8-BADE-8356D81649EO 00 42 43 EXHIBIT F OAP - BID PROPOSAL Page 7 of 7 SECTION Oa 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item) Description Specification Unit of Bid Unit Price Bid Value �o {J Seclion No. Measure Quantity Old Summary UNIT I: WATER IMPROVEMENTS $475,764.41 UNIT II: SANITARY SEWER IMPROVEMENTS $218,272.00 UNIT III: DRAINAGE IMPROVEMENTS $377,978.76 UNIT IV: PAVING IMPROVEMENTS $221,053.00 UNIT V: STREET LIGHTING IMPROVEMENTS $94,730.00 UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS This Bid is submitted by the entity named below: BIDDER: Cerris Builders 5633 W Spring Creek Parkway Suite 200 Plana, T\ 75024 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. Total Construction Bid $1,387,798.17 Jason Oldham BY: OoeuSigned try: 6 o TITLE: EXq�;W&j�&yYQIce President DATE. 3/1212025 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION OOCUIiFWS - OEVECOPI:R AWARDED PROJECTS Farm Vcnion May 22. 2019 214 working days after the dale when the 00 42 43_BEd Propoul_OAP Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 0045 12 EXHIBIT G I DAP PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work Tune" box provide the complete maior work tvpe and actual description as _provided by the Water Department for water and sewer and TPW for paving. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date UNIT I: WATER Circle H Construction April 30, 2025 IMPROVEMENTS UNIT II: SANITARY SEWER Circle H Construction April 30, 2025 IMPROVEMENTS UNIT III: DRAINAGE Circle H Construction April 30, 2025 IMPROVEMENTS UNIT V: STREET LIGHTING KC Construction Jan 25, 2027 IMPROVEMENTS The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: CERRIS BUILDERS 5633 W Spring Creek Parkway, Suite 200 Plano, TX 75024 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT- DEVELOPER AWARDED PROJECTS BY: Digitally signed by Ole Gmuke DN: 2-og rauke@mwbu ilders.com, CN-Ole Grauke, OU=MW, O I G ke e ra u OU=Domain Users, DC=mmc, DC=corps Date: 2025.02.28 11:34:37-06'00' (Signature) TITLE: DATE: 00 45 12_Prequalification Statement 2015_DAP Form Version September 1, 2015 Atrachmcnt Code: D629477 Master ID, 10669IS. Certificate ID: 21 139505 EXHIBIT H I Worker's Compensation & Employer's Liability Coverage Policy No. CWD740995605 7/1/2024 - 7/1/2025 XL Specialty Insurance - covers Entities: Cerris Systems Reno, Inc. Cerris Systems, Inc. Cerris Systems North Central, Inc. Cerris Systems Iowa, Inc. Cerris Systems West, Inc. Electric Company of Omaha FKA Building Control Services, Inc. FKA MMC Contractors National, Inc. FKA LM IVIC Mechanical Contractors, Inc. FKA MMC Contractors Iowa, Inc. FKA MMC Contractors West;, Inc. Policy Nim CW0742915901 711/2024 - 7/1I2025 A Specialty Insurance - covers Entities: Cerris, Inc. Cerris Builders, Inc. SC Group Construction, Inc. Countywide Mechanical Systems, Inc FKA MMC Corp. FKA MW Builders, Inc. Policy No. CWR742916001 7/1/2024 - 7/1/2025 XL Specialty Insurance - Wisconsin WC Policy - covers all entities Excludes Puerto Rico and US Virgin Islands Stop Gap Only: ND, OH, WA, WY Bond No. K42050878 EXHIBIT I 1 2 3 4 THE STATE OF TEXAS 5 6 COUNTY OF TARRANT 006214-1 PAYMENTBOND Page 1 af2 SECTION 00 62 14 PAYMENT BOND § KNOW ALL BY THESE PRESENTS: 7 That we, Cerris Builders, known as "Principal" herein, and 8 Federal Insurance Company - , a corporate surety ( or 9 sureties if more than one), duly authorized to do business in the State of Texas, known as 10 "Surety„ herein (whether one or more), are held and firmly bound unto the Developer, (Chisholm 11 Trail Center, LP), authorized to do business in Texas "(Developer"), and the City of Fort Worth, a 12 Texas municipal corporation ("City"), in the penal sum of ONE MILLION THREE 13 HUNDRED EIGHTY-SEVEN THOUSAND. EIGHT HUNDRED TWENTY-EIGHT & 14 42/100 DOLLARS ($1,387,828.42)., lawful money of the united States, to be paid in. Fort 15 Worth, Tarrant County, Texas, for the payment of which sum well and truly be trade jointly unto 16 the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, 17 administrators, successors and assigns, jointly and severally, firmly by these presents: 18 WHEREAS, .Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number CFA24-0051; and 21 WHEREAS, Principal has entered into a certain written Contract with Developer,. 22 awarded the 24th day of Februa•v , 20 24 __, which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as Target Chisholm Trail. 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 Target- ChJThalm STANDARD CFFY CONDITIONS —DEVELOPER AWARDED PROJECTS CPN1-05520 Revised 7anwty31,.2012 EXHIBIT I W6214-2 PAYMENT BOND 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 3rd day of 6 April .20 25 . 7 ATTEST L"k {Principal} SecretaryAD —_ -- V tk i Wit ss as to P n p PRINCIPAL: Cerris Builders BY: 111�/-4 Signature Todd Winnerman President Name and Title Address: 5633 W SprinQ Creek Parkwav Suite 200 Plano, TX 75024 SURETY: Federal Insurance Companv ATTEST: BY: I �� Signa re NIA Hillary 0. Shepard, Attorney -In -Fad (Surety) Secretary Name and Title Address: 202B Hall's Mill Road WitnesNth Whitehouse Statipn, NJ 088$9 s E1rety osarin abler Telephone Number: 215-640-1000 8 9 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 10 bylaws showing that this person has authority to sign such obligation. If Surety's physical 1:1 address is different from its mailing address, both must be provided. 12 13 The date of the bond shall not be prior to the date the Contract is awarded. 14 END OF SECTION CITY OF FORT WORTH Target Chisholm STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised January 31, 2012 Exhibit I 1. • DECREASE PENALTY RIDER BOND AMOUNT $1,387,828.42 BOND NO. K42050878 To be attached and form a part of Bond No. K42050878 dated the 3rd Day of April, 2025, executed by Federal insurance Company as surety, on behalf of Cerris Builders as current principal of record, and in favor of City of Fort Worth, as Obligee for Maintenance, Payment and Performance Bonds for CFA24-0051, and in the amount of One Million Three Hundred Eighty Seven Thousand Eight Hundred Twenty Eight Dollars and 42/100 ($1,387,828.42). In consideration of the agreed premium charged for this bond, it is understood and agreed that Federal Insurance Company hereby consents that effective from the 3rd Day of April, 2025, said bond shall be amended as follows. THE BOND PENALTY SHALL BE DECREASED: FROM: One Million Three Hundred Eighty Seven Thousand Eight Hundred Twenty Eight Dollars and 42/100 ($1,387,828.42) TO: One Million Three Hundred Eighty Seven Thousand Seven Hundred Ninety Eight Dollars and 17/100 ($1,387,798.17) The DECREASE of said bond penalty shall be effective as of the 3rd Day of April, 2025, and does hereby agree that the continuity of protection under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this 21st Day of April, 2025 Cerris Builders PRINCIPAL BY Federal Insurance Company SURM. BY V Hillary D. epard, JAR)NCYi-1N-FAC0T Exhibit I CHUSS Power of Aft ey I±edcval Insurance Company I V�giI nt Insurance Company I Pacific Indemnity Company Westchester Dire Insurance Company I ACE American Insurance Company Kvowe AD by Tbm Pre!s ts, that EWE= ViSUPURGE COWANY, out itailana oapmatim VTGUANT ri URAM CMPa'IIII[ a Now York varporatim PACIFIC IMMITY COMPAXT.a Delawarecorporodan. WESTCHESURFIUMSUMNCECOMPANYwAAa AMERICAN MURANCECOMPANYcorporaMmoftheCc;m= w**ftafP#naxyP W 4* eacti taft consti#atteand stplaotac Hillary D. Shepard Surety B*nd NO. K42050878 {Ato List Items} Mjge W City of Fart Worth eaa��astha#rauuEla�ttsiAta�-he-PteetsacaGtstaszndarsuuefa �m#ruarrxaart+aalFtbrtce�aratasaalatoanddirarfarandawthairEu€aessgtlueAaaa or othorwim boads and undateldngs and oft r wfltlap all sty in the us Lure thereof (odsar than bag bonds) givens or executed to the coupe of and auk htstniments orhfteftthe "Me and 0oftaft tothe mcliffeatiao orskerrationofsay fns .nsauit erred to In Wd bood$ or 044. Its resat Wher" stki FOUAF.IPtSM ;0WANY. VIGUARr MURANC4 (*MFA,NY, PAC= INDERMY CANIBANY; WITMISMU Fitt iNMRANU COMPANY apart ACE SCAR INSURANCE COMPANY have each ttt mod and athistod these promats and dffaedtheir corporate seal; on do I# day of October,'2024. �ridsot`a STATBik$NIlI'll '}a Sgy u w� 4� Nvxrm Eiat,fto+ra, VIC4"ltre4dvol tht Mis 194y of fttober, 2024 before me. a Notary Public of Nwar jorw, Ferxans same Ratpsct flit Swhidelts soul Tilramm Richbom to we known to be Aft Seat ottty quad Yfos raspec6€eMriy ofFED10ALlKSURAKC6C0MPANY,V{W,AffINS€1RANCEOMPANYPAClRi+Ciit EMNr AMXPANY WESTCHUTERFIRKINSURANC9COMPANY=d ACE AMMCAN 9MUNCE COMPANY Nta eatapatrshes which mcuted. the forWing mower ofAttatrtey.. and the said Rapett HD Swindells and Warm Mcbhom b*Wg.Iry duly sworn ornoft 06+ h for bizasWdld depmvA say th4t*vy mv Axdmm Secretruy"dVimPimiden# respectively,afF!slit; .AlxW$UUNCECOMPA@IKVIR AW1N ORANCE COMPANY, PACRC INDMITY COMPAIrI', WE=ZSM FM 0WRAN(CE COMPANY sod ACE AMRICAN DMMANCR COMPANY and know the corpomtF semb thw wE OW the seatsaftedtothe bregoft Power afAttoramy are such rwepontenab and wmtheretoaiEved by authartyofsoldCoampan€msad that their sligimitum as such eltimswo duly affibodaasdeubxTg*d byWo CERTMCATION RmOutfams adeptwd by the Smds of Directors of ALAI. INSURANCE COMPANY. YiCxif.XNT IN WIthifNCE COMPANY and PACIFIC tNDMrfY COMPANY on Ash 30, 2dt6s WTMUESTER MUMMA= COMPANY on Dwembor IL 2006- and ACEAMMUCAN INSURAIICE COMPANY ou ittarch 20� x : "RMMO oath the Ulcwtvs XWdW=cWQsw aniate to the taanataaws, fiv sad as bftralf of tht Compaslr, of beads, aadertjap, vvvepAmwam onisaata sad other vraWAV osatmi eacub of the CoUwm aatreel cow"arlxtsits ba *Wr#w "b (t) rac6 of dw aftom the 10midomt and #tt Vice Atastdeatr of dwkheeeby audKvbod eaasast 1*Kw YMMCo awdaazb td@st� uatrmribeeaai afk�r � mr atitatwsre. Ia3 ladwdj` a�otacl+rnrbuiaf uEsordey �tsstas�aas�rwfca3dca iataaistaabeheifar9t�utt�raapttaadtrthaakeeiadtfra�ana�aacrraae. ba tlw tart aaatb crake is a �6ur graruof poart� proa3dad far ut ;tap pereasa9crrr appaaabaeattaw.sa �-ta-t (3) Each of da Cbacvawa, *v Pr -et ate ei * VW* Vm4sata of gams Me guaroarto- Ud ofthe compair waa8 he pmw aadaaathsornytxra ate W vast as bebst{fsaftbe matsur themief Caatpamyar atcbWc a adtbs sat �ta tar in tads wrillm spposhmL which sped&sbcamv baby p mers; We or of Wrifta CawaeMab or by of am ar aaaae patimr WHttaa (4) ai the du rrmnn. tixt ftwk as wd ttr lhaa f+s+e W ate of r paey is hetadap rs d as ba of tfst emp rays tltla to es wr to aag elH tlsr Ca gqr tre�teaauaa;tCa,Lrstaa bettaii of the cavjwc aadw the "miff awal or camwtoo. saw ttitifffiea aftikeCanepreyartartgac Ike � ddepWALwhUhqwdficvvRm my be by Vand Wpor tlassar tYrlttw Com mama or bq oasdt armors. SNe�eaCasawtitettiteae Vwx4patum cla"effiisror i o saxra w+Y tYrdraa Cecaasaea attator ar �a pasanaaat to ash and s aaad stttAt tstln yc> yr Ur aE@eoed frp >aAstaeslttGYtkraGoeaaattataatorsrrt�a ar =tTHEttR LVW then ft finvegoft Reachon shalA not be damd zbe= statement if<aPrswmsa anti rarofdso aatdr pre tossxsfaraeaf hr t �:wulst zhadiautii�k+ar fit#eta�certofatetgtpavrwrtrxor�tratkgrtrt#4ki[Ylpem�trsdarsyutad.' C�tIiBSwdttsA�t � arROA6RAL il�iSttRdtai£SCiII�iPAMY.YIGiLd4fiT iNSEiRAPiGECtiMF'ArF'Y. F`ACIPIC IItD$ltli t�fiMPAIfY<1S'iCli s�"Ci� IpftSCIIEdI(C& COMPANY Azad AGO AMERiCW €I@ URANCE COMPANY (th*-Cotmpaude*) do h wdq cortffy ti #Ij this ibregoiftg Rerminttim adopted by the BWd offtwtsars oftha Companies arm bvee catreet and M MU %M And rat € i flats ►regaiagpowerrrfA#arsegls ca roct and iA bullfmrre and effect filets t nth toy It d aril tdaaid Fautt(ta pdrs ai tA`khe#atsse Staiiasaa Nl, fish; April 2 i. 2025. IIIIS±orlaadt��s OFFTfR a'9ENrYDU ETOVMF" gAVTMa'!'1R=0F'TH4S$0D0tN T1FYRStseANYa7 i16teTTMKVA==rhC7rstS^ V,1vr,hsnat9W!'.9@1-U92 FIX 194a1901-$656 e-aambiutrrvfehubbmm Coatbeed:Pto-tt 4,44FICAai teY.'44.40? Exhibit I Have a complaint or need help? Tiene una queja o necesita ayuda? IMPORTANTNOTICE If you have a problem with a claim or your premiums, call yeur insurance company first. If you can't work out the is te, the Texas Department of Insurance may be able to heEp. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company. If you don't, you may lose your right to appeal. To get information or file a complaint with CHUBB: Call Toll -free: 1-800-36-CHUBB Mail: Eastern Claim Service Center 600 Independence Parkway Chesapeake, VA 23320 Attn: Surety Support Phone: 800-252-4670 Fax: 800-664-5358 Email: ecsc.claims@chubb.com To get help with an insurance question or file a complaint with the state: T - ., Texas Department of Insurance Cull with a question: 1-800-252-3439 File a complaint: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov Mail: MC-iii-lA, P.O. Box 149091 Austin, TX 78714-9091 AVISO IMPORTANTE Si tiene un problema con un reclamo o las primas, llame primero a la empresa de seguros. Si no puede resolver el problema, el Departamento de Seguros del estado de Tejas puede ayudar. Si registra una queja con el Departamento de Seguros del estado de tejas, tambien debe presentar una queja o apelacion a traves de su compania de seguros. Si no to hate puede perder su derecho de apelar. Para obtener informacion o registro de una queja con CHUBB: I lame al:1-800-36-CHUBB Correo: Eastern Claim Service Center 600 Independence Parkway Chesapeake, VA 23320 Attn: Surety Support Telefono: 800-252-467o Fax: 800-664-5358 Correo electronico: ecsc.claims@chubb.com Para ayuda con una pregunta de seguros o registrar una queja con el estado: El Departamento de Seguros del Estado de Tejas Preguntas: 1-8 0 0-252-3439 Quejas: www.tdi.texas.gov Correo electronico: ConsumerProtection@tdi.texas.gov Correo: MC-111-1A, P.O. Box 149091 Austin, TX 78714-9091 Form �5-io-0347 (Rev. 2/23) Bond No. K42050878 IEXHIBIT J I ©062I3-I PERFORMANCE BOND Page I of 3 1 SECTION 00 6213 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRRANT § 7 That we, Cerris Builders, known as "Principal" herein and 8 Federal Insurance Cormaanv , a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the Developer, (Chisholm Trail Center, LP), authorized I 1 to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 12 ("City"), in the penal sum of ONE MILLION THREE HUNDRED EIGHTY-SEVEN 13 THOUSAND, EIGHT HUNDRED TWENTY-EIGHT & 421100 DOLLARS ($1,387,828.42), 14 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the 15 payment of which sum well and truly to be made jointly unto the Developer and the City as dual 16 obligees, we Bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 17 and severally, firmly by these presents. 18 "WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities 20 Agreement, CFA Number CFA24-0051; and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the 24th day of February , 2024 , which Contract is hereby referred to and made a 23 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 24 and other accessories defined by law, in the prosecution of the Work, including any Change 25 Orders, as provided for in. said Contract designated as Target- Chisholm Trail. 26 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 27 shall faithfully perform it obligations under the Contract and shall in all respects duly and 28 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 29 specifications, and contract documents therein referred to, and as well during any period of 30 extension of the Contract that may be granted on the part of the Developer and/or City, then this 31 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF PORT WORTH Target- Chisholm TY all STANDARD CITY CONDITIONS—BEVELOPER AWARDED PROJECTS CPN 105.520 Revised Jauuaty 3l„2012 EXHIBIT J 006213-2 PERFORMANCE BOND Page of 3 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 thisbond 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 this instrument by duly authorized agents and officers on this the 3rd day of April , 20 25 10 11 12 13 14 15 16 AT ST- 17 is 19 (Principal) Secretary 20 21 22 23 5 fitness as 26 28 29 30 31 32 33 34 35 36 37 38 39 40 117*tn�ss Su�rctyytRi &S21er 41 42 43 PRINCIPAL: Cerris Builders Signature Todd Winnerman President dame and Title Address: 5.633 W Soring Creek Parkwav Suite 200 - Plano. TX 75024 SURETY: Federal Insurance Company Hillary D. Shepard, Attorney -in -Fact ;dame and Title Address: 202B Hail's Mill Road Whitehouse Station. NJ 08889 Telephone Number: 215-640-1000 44 *Mate: If signed by an officer of the Surety Company, there must be on file a certified extract 45 from the by-laws showing that this person has authority to sign such obligation. If 46 Surety's physical address is different from its mailing address, both must be provided. 47 CITY OF FORT WORTH Target- Chisholm Trail STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised January 31.2012 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB EXHIBIT J 006213-3 PERFORMANCE BOND The date of the bond shall not be prior to the date the Contract is awarded. Page 3 of 3 CITY OF FORT WORTH Target- Chisholm Trail STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised January 31, 2012 Exhibit J 1. • DECREASE PENALTY RIDER BOND AMOUNT $1,387,828.42 BOND NO. K42050878 To be attached and form a part of Bond No. K42050878 dated the 3rd Day of April, 2025, executed by Federal insurance Company as surety, on behalf of Cerris Builders as current principal of record, and in favor of City of Fort Worth, as Obligee for Maintenance, Payment and Performance Bonds for CFA24-0051, and in the amount of One Million Three Hundred Eighty Seven Thousand Eight Hundred Twenty Eight Dollars and 42/100 ($1,387,828.42). In consideration of the agreed premium charged for this bond, it is understood and agreed that Federal Insurance Company hereby consents that effective from the 3rd Day of April, 2025, said bond shall be amended as follows. THE BOND PENALTY SHALL BE DECREASED: FROM: One Million Three Hundred Eighty Seven Thousand Eight Hundred Twenty Eight Dollars and 42/100 ($1,387,828.42) TO: One Million Three Hundred Eighty Seven Thousand Seven Hundred Ninety Eight Dollars and 17/100 ($1,387,798.17) The DECREASE of said bond penalty shall be effective as of the 3rd Day of April, 2025, and does hereby agree that the continuity of protection under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this 21st Day of April, 2025 Cerris Builders PRINCIPAL BY Federal Insurance Company SURM. BY V Hillary D. epard, JAR)NCYi-1N-FAC0T Exhi7itJ CHUSS Power of Aft ey I±edcxal Insurance Company I V�giI nt Insurance Company I Pacific Indemnity Company Westchester Dire Insurance Company I ACE American Insurance Company Kvowe AD by Tbm Pre!s ts, that EWE= ViSUPURCE COWANY, out itailana oapmatim VTGUANT ri URAM CMPa'IIII[ a Now York varporatim PACIFIC IMMITY COMPAXT.a Delawarecorporodan. WESTCHESURFIUMSUMNCECOMPANYwAAa AMERICAN MURANCECOMPANYcorporaMmoftheCc;m= w**ftafP#naxyP W 4* eacti taft consti#atteand stplaotac Hillary D. Shepard Surety B*nd NO. K42050878 {Ato List Items} Mjge W City of Fart Worth eaa��astha#rauuEla�ttsiAta�-he-PteetsacaGtstaszndarsuuefa �m#ruarrxaart+aalFtbrtce�aratasaalatoanddirarfarandawthairEu€aessgtlueAaaa or othorwim boads and undateldngs and oft r wfltlap all sty in the us Lure thereof (odsar than bag bonds) givens or executed to the coupe of and auk htstniments orhfteftthe "Me and 0oftaft tothe mcliffeatiao orskerrationofsay fns .nsauit erred to In Wd bood$ or 044. Its resat Wher" stki FOUAF.IPtSM ;0WANY. VIGUARr MURANC4 (*MFA,NY, PAC= INDERMY CANIBANY; WITMISMU Fitt iNMRANU COMPANY apart ACE A1fIMCAR INSURANCE COMPANY have each tttacmod and athistod these promats and dffae d their corporate seal; on do I# day of October,'2024. �ridsot`a SCATBik$NIlI'll '}a Sgy u w� 4� Nvxrm Eiat,fto+ra, VIC4"ltre4dvol tht Mis 194y of fttober, 2024 before me. a Notary Public of Nwar jorw, Ferxans same Ratpsct flit Swhidelts soul Tilramm Richbom to we known to be Aft Seat ottty quad Yfos raspec6€eMriy ofFEDERALINSURANCECOMPANY,V M.AfffINS€1RANCEOMPANY PAClRi+Ciit EMNr AMXPANY WESTCHUTERFIRKINSURANC9COMPANY=d ACE AMMCAN 9MUNCE COMPANY Nta eatapatrshes which mcuted. the forWing mower ofAttatrtey.. and the said Rapett HD Swindells and Warm Mcbhom b*Wg.Iry duly sworn ornoft 06+ h for bixasWdld depmvA say th4t*vy mv Axdmm Secretruy"dVimPimiden# respectively,afF!slit; .AlxW$UUNCECOMPA@IKVIR AW1N ORANCE COMPANY, PACRC INDMITY COMPAIf'l`, WE=ZSM FM 0WRAN(CE COMPANY sod ACE AMRICAN DMMANCR COMPANY and know the corpomtF semb thw wE OW the seatsaftedtothe bregoft Power afAttoramy are such rwepontenab and wmtheretoaiEved by authartyofsoldCoampan€msad that their skpuftm as such eltimswo duly affibodaasdeubxTg*d byWo CERTMCATION RmOutfams adeptwd by the Smds of Directors of ALAI. INSURANCE COMPANY. YiCxif.XNT IN WIthifNCE COMPANY and PACIFIC tNDMrfY COMPANY on Ash 30, 2dt6s WTMUESTER MUMMA= COMPANY on Dwembor IL 2006- and ACEAMMUCAN WSURAIICE COMPANY ou ittarch 20� x : "RMMO oath the Ulcwtvs xWdW=cWQsw aniate to the taanataaws, fiv sad as bftralf of tht Compaslr, of beads, aadertjap, vvvepAmwam oxisaata sad other vraWAV osatmi eacub of the CoUwm aatreel cow"arlxtsits ba *Wr#w "b (t) rack of dw aftom the 10midomt and #tt Vice Atastdeatr of dwkheeeby audKvbod eaasast 1*Kw YMMCo awdaazb td@st� uatrmribeeaai afk�r � mr atitatwsre. Ia3 ladwdj` a�otacl+rnrbuiaf uEsordey �tsstas�aas�rwfca3dca iataaistaabeheifar9t�utt�raapttaadtrthaakeeiadtfra�ana�aacrraae. ba tlw tart aaatb crake is a �6ur graruof poart� proa3dad far ut ;tap pereasa9crrr appaaabaeattaw.sa �-ta-t (3) Each of da Cbacvawa, *v Pr -et ate ei * VW* Vm4sata of gams Me guaroarto- Ud ofthe compair waa8 he pmw aadaaathsornytxra ate W vast as bebst{fsaftbe matsur themief Caatpamyar atcbWc a adtbs sat �ta tar in tads wrillm spposhmL which sped&sbcamv baby p mers; We or of Wrifta CawaeMab or by of am ar aaaae patimr WHttaa (4) ai the du rrmnn. tixt ftwk as wd ttr lhaa f+s+e W ate of r paey is hetadap rs d as ba of tfst emp rays tltla to es wr to aag elH tlsr Ca gqr tre�teaauaa;tCa,Lrstaa bettaii of the cavjwc aadw the "miff awal or camwtoo. saw ttitifffiea aftikeCanepreyartartgac Ike � ddepWALwhUhqwdficvvRm my be by Vand Wpor tlassar tYrlttw Com mama or bq oasdt armors. SNe�eaCasawtitettiteae Vwx4patum cla"effiisror i o saxra w+Y tYrdraa Cecaasaea attator ar �a pasanaaat to ash and s aaad stttAt tstln yc> yr Ur aE@eoed frp >aAstaeslttGYtkraGoeaaattataatorsrrt�a ar =tTHEttR LVW then ft finvegoft Reachon shalA not be damd zbe= statement if<aPrswmsa anti rarofdso aatdr pre tossxsfaraeaf hr t �:wulst zhadiautii�k+ar fit#eta�certofatetgtpavrwrtrxor�tratkgrtrt#4ki[Ylpem�trsdarsyutad.' C�tIiBSwdttsA�t � arROAIIRAL il�iSttRdtai£SCiII�iPAMY.YIGiLd4fiT iNSEiRAPiGECtiMF'ArF'Y. F`ACIPIC IItD$ltli t�fiMPAIfY<1S'iCli s�"Ci� IpftSCIIEAI(C& COMPANY Azad AGO AMERiCW €I@ URANCE COMPANY (th*-Cotmpaude*-) d9 h wdq cortffy ti #Ij this ibregoiftgRe sobitim adopted bythe &rsard.offtwtors oftha Companies am wreck and 4n MU %M Aind rat € i flats ►regaiagpowerrrfA#arsegls ca roct and iA bullfmrre and effect filets t nth toy It d aril tdaaid Fautt(ta pdrs ai tA`khe#atsse Staiiasaa Nl, fish; April 2 i. 2025. IIIIS±orlaadt��s OFFTfR a'9ENrYDU ETOVMF" gAVTMa'!'1R=0F'TH4S$0D0tN T1FYRStseANYa7 i16teTTMKVA==rhC7rstS^ V,1vr,hsnat9W!'.9@1-U92 FIX 194a1901-$656 e-aambiutrrvfehubbmm Coatbeed:Pto-tt 4,44FICAai teY.'44.40? Exhibit J I Have a complaint or need help? Tiene una queja o necesita ayuda? IMPORTANTNOTICE If you have a problem with a claim or your premiums, call yeur insurance company first. If you can't work out the is te, the Texas Department of Insurance may be able to heEp. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company. If you don't, you may lose your right to appeal. To get information or file a complaint with CHUBB: Call Toll -free: 1-800-36-CHUBB Mail: Eastern Claim Service Center 600 Independence Parkway Chesapeake, VA 23320 Attn: Surety Support Phone: 800-252-4670 Fax: 800-664-5358 Email: ecsc.claims@chubb.com To get help with an insurance question or file a complaint with the state: T - ., Texas Department of Insurance Cull with a question: 1-800-252-3439 File a complaint: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov Mail: MC-iii-lA, P.O. Box 149091 Austin, TX 78714-9091 AVISO IMPORTANTE Si tiene un problema con un reclamo o las primas, llame primero a la empresa de seguros. Si no puede resolver el problema, el Departamento de Seguros del estado de Tejas puede ayudar. Si registra una queja con el Departamento de Seguros del estado de tejas, tambien debe presentar una queja o apelacion a traves de su compania de seguros. Si no to hate puede perder su derecho de apelar. Para obtener informacion o registro de una queja con CHUBB: I lame al:1-800-36-CHUBB Correo: Eastern Claim Service Center 600 Independence Parkway Chesapeake, VA 23320 Attn: Surety Support Telefono: 800-252-467o Fax: 800-664-5358 Correo electronico: ecsc.claims@chubb.com Para ayuda con una pregunta de seguros o registrar una queja con el estado: El Departamento de Seguros del Estado de Tejas Preguntas: 1-8 0 0-252-3439 Quejas: www.tdi.texas.gov Correo electronico: ConsumerProtection@tdi.texas.gov Correo: MC-111-1A, P.O. Box 149091 Austin, TX 78714-9091 Form �5-io-0347 (Rev. 2/23) Bond No, K42060878 IEXHIBIT K I OD6219-1 MAINTENANCE BOND Page I of 3 1, SECTION 00 6219 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE :PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Cerris Builders, known as "Principal" herein and 9 Federal Insurance Company . a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one I I or more), are held and firmly bound unto the Developer, Chisholm Trail Center, LP authorized. to 12 do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 13 ("City'), in the sum of ONE MILLION THREE HUNDRED EIGHTY-SEVEN 14 THOUSAND, EIGHT HUNDRED TWENTY-EIGHT & 42/100 DOLLARS ($1,387,928.42), 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 17 their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, 18 jointly and severally, firmly by these presents. 19 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 22 Agreement, CFA Number CFA24-0051.; and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer 24 awarded the 24th day of February . 20 24 , which Contract is 25 hereby 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 Target- Chisholm Trail; and 29 30 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 31 accordance with the plans, specifications and Contract Documents that the Work is and will 32 remain free from defects in materials or workmanship for and during the period of two (2) years 33 after the date of .Final Acceptance of the Work by the City ("Maintenance Period"); and 34 CITY OF FORT WOR.TII Target- Chisholm Trait STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS CPN 105520 Revised January 31.2012 EXHIBIT K 0062 C9-2 MAINTENANCE BOND Page 2 of 3 1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance Period. 4 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 8 remain in full force and effect. 9 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely I 1 noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety under this Maintenance Bond; and 14 1.5 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 17 Worth Division; and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FORT WORTH Target- Chisholm Trail STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS CPN 105520 Revised knuaty 3l , 2012 EXHIBIT K 006219.3 MAINTENANCE BOND Page 3 of 3 I IN WITNESS WHEREOF, the Principal anal the Surety have each SIGNED and SEALED this 2 Q 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 l,PA instru rent by duly authorized agents and officers on this the .2025 . A T: 7 ( cipal) Secretary ATTEST: NIA (surety) Se�c(r�ejta�r�y v w�+Osanna iSer 3rd day of April PRINCIPAL: Cerris Builders BY:- Signatum Todd Winnerman President Name and Title Address: 5633 W Snrins Creek Parkway Suite 200 Plano. TX 75024 SURETY: Federal Insurance Comoanv Hillary D. Sheoard. Attorney -in -Fact Name and Title Address: 202B Hall's Mill Rd. Whitehouse Station, NJ 08889 Telephone Number: 215-640-1000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract, from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided.. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Target- Chishalm TraU CPN 105520 Exhibit K 1. • DECREASE PENALTY RIDER BOND AMOUNT $1,387,828.42 BOND NO. K42050878 To be attached and form a part of Bond No. K42050878 dated the 3rd Day of April, 2025, executed by Federal insurance Company as surety, on behalf of Cerris Builders as current principal of record, and in favor of City of Fort Worth, as Obligee for Maintenance, Payment and Performance Bonds for CFA24-0051, and in the amount of One Million Three Hundred Eighty Seven Thousand Eight Hundred Twenty Eight Dollars and 42/100 ($1,387,828.42). In consideration of the agreed premium charged for this bond, it is understood and agreed that Federal Insurance Company hereby consents that effective from the 3rd Day of April, 2025, said bond shall be amended as follows. THE BOND PENALTY SHALL BE DECREASED: FROM: One Million Three Hundred Eighty Seven Thousand Eight Hundred Twenty Eight Dollars and 42/100 ($1,387,828.42) TO: One Million Three Hundred Eighty Seven Thousand Seven Hundred Ninety Eight Dollars and 17/100 ($1,387,798.17) The DECREASE of said bond penalty shall be effective as of the 3rd Day of April, 2025, and does hereby agree that the continuity of protection under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this 21st Day of April, 2025 Cerris Builders PRINCIPAL BY Federal Insurance Company SURM. BY V Hillary D. epard, JAR)NCYi-1N-FAC0T Exhibit K CHUSS Power of Aft ey I±edcval Insurance Company I V�giI nt Insurance Company I Pacific Indemnity Company Westchester Dire Insurance Company I ACE American Insurance Company Kvowe AD by Tbm Pre!s ts, that EWE= ViSUPURGE COWANY, out itailana oapmatim VTGUANT ri URAM CMPa'IIII[ a Now York varporatim PACIFIC IMMITY COMPAXT.a Delawarecorporodan. WESTCHESURFIUMSUMNCECOMPANYwAAa AMERICAN MURANCECOMPANYcorporaMmoftheCc;m= w**ftafP#naxyP W 4* eacti taft consti#atteand stplaotac Hillary D. Shepard Surety B*nd NO. K42050878 {Ato List Items} Mjge W City of Fart Worth eaa��astha#rauuEla�ttsiAta�-he-PteetsacaGtstaszndarsuuefa �m#ruarrxaart+aalFtbrtce�aratasaalatoanddirarfarandawthairEu€aessgtlueAaaa or othorwim boads and undateldngs and oft r wfltlap all sty in the us Lure thereof (odsar than bag bonds) givens or executed to the coupe of and auk htstniments orhfteftthe "Me and 0oftaft tothe mcliffeatiao orskerrationofsay fns .nsauit erred to In Wd bood$ or 044. Its resat Wher" stki FOUAF.IPtSM ;0WANY. VIGUARr MURANC4 (*MFA,NY, PAC= INDERMY CANIBANY; WITMISMU Fitt iNMRANU COMPANY apart ACE SCAR INSURANCE COMPANY have each ttt mod and athistod these promats and dffaedtheir corporate seal; on do I# day of October,'2024. �ridsot`a STATBik$NIlI'll '}a Sgy u w� 4� Nvxrm Eiat,fto+ra, VIC4"ltre4dvol tht Mis 194y of fttober, 2024 before me. a Notary Public of Nwar jorw, Ferxans same Ratpsct flit Swhidelts soul Tilramm Richbom to we known to be Aft Seat ottty quad Yfos raspec6€eMriy ofFED10ALlKSURAKC6C0MPANY,V{W,AffINS€1RANCEOMPANYPAClRi+Ciit EMNr AMXPANY WESTCHUTERFIRKINSURANC9COMPANY=d ACE AMMCAN 9MUNCE COMPANY Nta eatapatrshes which mcuted. the forWing mower ofAttatrtey.. and the said Rapett HD Swindells and Warm Mcbhom b*Wg.Iry duly sworn ornoft 06+ h for bizasWdld depmvA say th4t*vy mv Axdmm Secretruy"dVimPimiden# respectively,afF!slit; .AlxW$UUNCECOMPA@IKVIR AW1N ORANCE COMPANY, PACRC INDMITY COMPAIrI', WE=ZSM FM 0WRAN(CE COMPANY sod ACE AMRICAN DMMANCR COMPANY and know the corpomtF semb thw wE OW the seatsaftedtothe bregoft Power afAttoramy are such rwepontenab and wmtheretoaiEved by authartyofsoldCoampan€msad that their sligimitum as such eltimswo duly affibodaasdeubxTg*d byWo CERTMCATION RmOutfams adeptwd by the Smds of Directors of ALAI. INSURANCE COMPANY. YiCxif.XNT IN WIthifNCE COMPANY and PACIFIC tNDMrfY COMPANY on Ash 30, 2dt6s WTMUESTER MUMMA= COMPANY on Dwembor IL 2006- and ACEAMMUCAN INSURAIICE COMPANY ou ittarch 20� x : "RMMO oath the Ulcwtvs XWdW=cWQsw aniate to the taanataaws, fiv sad as bftralf of tht Compaslr, of beads, aadertjap, vvvepAmwam onisaata sad other vraWAV osatmi eacub of the CoUwm aatreel cow"arlxtsits ba *Wr#w "b (t) rac6 of dw aftom the 10midomt and #tt Vice Atastdeatr of dwkheeeby audKvbod eaasast 1*Kw YMMCo awdaazb td@st� uatrmribeeaai afk�r � mr atitatwsre. Ia3 ladwdj` a�otacl+rnrbuiaf uEsordey �tsstas�aas�rwfca3dca iataaistaabeheifar9t�utt�raapttaadtrthaakeeiadtfra�ana�aacrraae. ba tlw tart aaatb crake is a �6ur graruof poart� proa3dad far ut ;tap pereasa9crrr appaaabaeattaw.sa �-ta-t (3) Each of da Cbacvawa, *v Pr -et ate ei * VW* Vm4sata of gams Me guaroarto- Ud ofthe compair waa8 he pmw aadaaathsornytxra ate W vast as bebst{fsaftbe matsur themief Caatpamyar atcbWc a adtbs sat �ta tar in tads wrillm spposhmL which sped&sbcamv baby p mers; We or of Wrifta CawaeMab or by of am ar aaaae patimr WHttaa (4) ai the du rrmnn. tixt ftwk as wd ttr lhaa f+s+e W ate of r paey is hetadap rs d as ba of tfst emp rays tltla to es wr to aag elH tlsr Ca gqr tre�teaauaa;tCa,Lrstaa bettaii of the cavjwc aadw the "miff awal or camwtoo. saw ttitifffiea aftikeCanepreyartartgac Ike � ddepWALwhUhqwdficvvRm my be by Vand Wpor tlassar tYrlttw Com mama or bq oasdt armors. SNe�eaCasawtitettiteae Vwx4patum cla"effiisror i o saxra w+Y tYrdraa Cecaasaea attator ar �a pasanaaat to ash and s aaad stttAt tstln yc> yr Ur aE@eoed frp >aAstaeslttGYtkraGoeaaattataatorsrrt�a ar =tTHEttR LVW then ft finvegoft Reachon shalA not be damd zbe= statement if<aPrswmsa anti rarofdso aatdr pre tossxsfaraeaf hr t �:wulst zhadiautii�k+ar fit#eta�certofatetgtpavrwrtrxor�tratkgrtrt#4ki[Ylpem�trsdarsyutad.' C�tIiBSwdttsA�t � arROA6RAL il�iSttRdtai£SCiII�iPAMY.YIGiLd4fiT iNSEiRAPiGECtiMF'ArF'Y. F`ACIPIC IItD$ltli t�fiMPAIfY<1S'iCli s�"Ci� IpftSCIIEdI(C& COMPANY Azad AGO AMERiCW €I@ URANCE COMPANY (th*-Cotmpaude*) do h wdq cortffy ti #Ij this ibregoiftg Rerminttim adopted by the BWd offtwtsars oftha Companies arm bvee catreet and M MU %M And rat € i flats ►regaiagpowerrrfA#arsegls ca roct and iA bullfmrre and effect filets t nth toy It d aril tdaaid Fautt(ta pdrs ai tA`khe#atsse Staiiasaa Nl, fish; April 2 i. 2025. IIIIS±orlaadt��s OFFTfR a'9ENrYDU ETOVMF" gAVTMa'!'1R=0F'TH4S$0D0tN T1FYRStseANYa7 i16teTTMKVA==rhC7rstS^ V,1vr,hsnat9W!'.9@1-U92 FIX 194a1901-$656 e-aambiutrrvfehubbmm Coatbeed:Pto-tt 4,44FICAai teY.'44.40? Exhibit K Have a complaint or need help? Tiene una queja o necesita ayuda? IMPORTANTNOTICE If you have a problem with a claim or your premiums, call yeur insurance company first. If you can't work out the is te, the Texas Department of Insurance may be able to heEp. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company. If you don't, you may lose your right to appeal. To get information or file a complaint with CHUBB: Call Toll -free: 1-800-36-CHUBB Mail: Eastern Claim Service Center 600 Independence Parkway Chesapeake, VA 23320 Attn: Surety Support Phone: 800-252-4670 Fax: 800-664-5358 Email: ecsc.claims@chubb.com To get help with an insurance question or file a complaint with the state: T - ., Texas Department of Insurance Cull with a question: 1-800-252-3439 File a complaint: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov Mail: MC-iii-lA, P.O. Box 149091 Austin, TX 78714-9091 AVISO IMPORTANTE Si tiene un problema con un reclamo o las primas, llame primero a la empresa de seguros. Si no puede resolver el problema, el Departamento de Seguros del estado de Tejas puede ayudar. Si registra una queja con el Departamento de Seguros del estado de tejas, tambien debe presentar una queja o apelacion a traves de su compania de seguros. Si no to hate puede perder su derecho de apelar. Para obtener informacion o registro de una queja con CHUBB: I lame al:1-800-36-CHUBB Correo: Eastern Claim Service Center 600 Independence Parkway Chesapeake, VA 23320 Attn: Surety Support Telefono: 800-252-467o Fax: 800-664-5358 Correo electronico: ecsc.claims@chubb.com Para ayuda con una pregunta de seguros o registrar una queja con el estado: El Departamento de Seguros del Estado de Tejas Preguntas: 1-8 0 0-252-3439 Quejas: www.tdi.texas.gov Correo electronico: ConsumerProtection@tdi.texas.gov Correo: MC-111-1A, P.O. Box 149091 Austin, TX 78714-9091 Form �5-io-0347 (Rev. 2/23) 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 45 26 - 1 EXHIBIT M I CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. CPN 105520. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: CERRIS BUILDERS Company 5633 W SPRING CREEK PKWY #200 Address PLANO. TX 75024 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By. Charles Rombold (Please Pri Signature: YV Title: Division Manager (Please Print) WO hVIEnders gne a thority, on this day personally appeared C PP , known to me to be the person whose name is subscribed to the foregMk�(� instrument, and acknowledged to me that he/she executed the same as the act and deed of Z_ for the purposes and consideration therein expressed and in the capaci y therein stated. GIVFAJ UNDER MY HAND AND SEAL OF OFFICE this day of Up - ta, 20 S�ILA otary Public in and for the State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 <:�Y:e •. CHRISTIE M. SCHNOOR *: My Notary ID # 126929118 Expires August 9, 2028 Target- Chisholm Trail CPN 105520 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB IEXHIBIT N I STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB EXHIBIT N STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Article 1 — Definitions and Terminology.......... 1.01 Defined Terms ............................... 1.02 Terminology .................................. Article 2 — Preliminary Matters ....................... 2.01 Before Starting Construction...... 2.02 Preconstruction Conference........ 2.03 Public Meeting ............................ Page .............................................1 .............................................1 ............................................. 5 ....................................................... 6 ....................................................... 6 ....................................................... 6 ....................................................... 6 Article 3 — Contract Documents and Amending............................................................................................... 6 3.01 Reference Standards..................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents.................................................................. 6 Article 4 — Bonds and Insurance....................................................................................................................... 7 4.01 Licensed Sureties and Insurers..................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds........................................................................ 7 4.03 Certificates of Insurance............................................................................................................... 7 4.04 Contractor's Insurance.................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................12 Article 5 — Contractor's Responsibilities........................................................................................................12 5.01 Supervision and Superintendent.................................................................................................12 5.02 Labor; Working Hours................................................................................................................13 5.03 Services, Materials, and Equipment...........................................................................................13 5.04 Project Schedule..........................................................................................................................14 5.05 Substitutes and "Or-Equals".......................................................................................................14 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors).....................................16 5.07 Concerning Subcontractors, Suppliers, and Others...................................................................16 5.08 Wage Rates..................................................................................................................................18 5.09 Patent Fees and Royalties...........................................................................................................19 5.10 Laws and Regulations.................................................................................................................19 5.11 Use of Site and Other Areas.......................................................................................................19 5.12 Record Documents......................................................................................................................20 5.13 Safety and Protection.................................................................................................................. 21 5.14 Safety Representative.................................................................................................................21 5.15 Hazard Communication Programs.............................................................................................22 5.16 Submittals....................................................................................................................................22 5.17 Contractor's General Warranty and Guarantee..........................................................................23 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB IEXHIBIT N 5.18 Indemnification ............................................ 5.19 Delegation of Professional Design Services 5.20 Right to Audit: ............................................. 5.21 Nondiscrimination ........................................ Article 6 - Other Work at the Site....... 6.01 Related Work at Site ....... Article 7 - City's Responsibilities ............................................ 7.01 Inspections, Tests, and Approvals ....................... 7.02 Limitations on City's Responsibilities ................ 7.03 Compliance with Safety Program ........................ Article 8 - City's Observation Status During Construction....... 8.01 City's Project Representative ................................. 8.02 Authorized Variations in Work .............................. 8.03 Rejecting Defective Work ...................................... 8.04 Determinations for Work Performed ...................... Article 9 - Changes in the Work ...................... 9.01 Authorized Changes in the Work 9.02 Notification to Surety ................... Article 10 - Change of Contract Price; Change of Contract Time 10.01 Change of Contract Price ........................................... 10.02 Change of Contract Time ........................................... 10.03 Delays......................................................................... Article 11 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ............ 11.01 Notice of Defects.............................................................................................................. 11.02 Access to Work................................................................................................................. 11.03 Tests and Inspections........................................................................................................ 11.04 Uncovering Work............................................................................................................. 11.05 City May Stop the Work................................................................................................... 11.06 Correction or Removal of Defective Work...................................................................... 11.07 Correction Period.............................................................................................................. 11.08 City May Correct Defective Work................................................................................... Article 12 - Completion ........................................... 12.01 Contractor's Warranty of Title ............ 12.02 Partial Utilization ................................. 12.03 Final Inspection .................................... 12.04 Final Acceptance .................................. Article 13 - Suspension of Work ..................................... 13.01 City May Suspend Work ............................. Article 14 - Miscellaneous ......................................... 14.01 Giving Notice ......................................... CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 24 24 25 25 26 26 26 26 26 27 a a ... 29 ... 29 ... 29 ... 29 ... 30 ... 30 ... 30 ... 30 ... 31 ................................. 32 ................................. 32 ................................. 32 ................................. 32 ................................. 33 ............................................................. 33 ............................................................. 33 34 34 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB IEXHIBIT N I i4.Uz �viiiYUL Ll n Of Times. 14.03 Cumulative Remedies.. 14.04 Survival of Obligations 14.05 Headings ....................... CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 34 34 35 35 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 0073 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects I EXHIBIT N Page 1 of 35 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw — City's on-line, electronic document management and collaboration system. 5. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home -rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract —The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents —Those items that make up the contract and which must include the Agreement, and it's attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 0073 10-2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects I EXHIBIT N Page 2 of 35 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non -Resident Bidder iii. Prequalification Statement C. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit J. MWBE Commitment Form( If required by City) k. General Conditions 1. Supplementary Conditions in. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents o. Drawings P. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor —The individual or entity with whom Developer has entered into the Agreement. 11. Day or day —A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer — An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance — The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 0073 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects I EXHIBIT N Page 3 of 35 16. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements —A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non -Participating Change Order —A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order —A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans — See definition of Drawings. 24. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 25. Project —The Work to be performed under the Contract Documents. 26. Project Representative —The authorized representative of the City who will be assigned to the Site. 27. Public Meeting — An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours — Hours beginning at 7: 00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 0073 10- 4 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 30. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site —Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions — That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of apart of the Work at the Site. 35. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions —That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours — Hours beginning at 9: 00 a. in. and ending at 5: 00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 0073 10- 5 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 41. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non -Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p. m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. C. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 0073 10- 6 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 ARTICLE 2 — PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non - Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 — CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non -Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 0073 10- 7 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City's written interpretation or clarification. ARTICLE 4 — BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 0073 10- 8 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 1. The certificate of insurance shall document the City, an as "Additional Insured" on all liability policies. 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 0073 10-9 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either parry or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 4.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 10 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor's Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 11 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 1) $1, 000, 000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: 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: NONE Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence:: NONE Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of - CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 12 EXHIBIT N 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. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at -grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company's right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 — CONTRACTOR'S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 13 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 14 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 15 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 16 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre -qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 17 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 ❑ Required for this Contract. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 18 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates ❑ Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 1 Ith day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 19 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 20 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 21 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 22 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For -Information -Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 23 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 24 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.13. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 25 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 26 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 ARTICLE 6 — OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. ARTICLE 7 — CITY'S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 27 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 7.03 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 28 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 — CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 29 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 ARTICLE 11— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 30 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. Developer/Contractor. City will forward all invoices for retests to 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 31 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor's obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 32 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 11.09. ARTICLE 12 — COMPLETION 12.01 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 33 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 — SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 34 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 — MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given i£ 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Docusign Envelope ID: 1395E03D-EAAF-4D81-8ABA-7119C8C2DBAB 00 73 10- 35 EXHIBIT N Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 END AMENDMENT Bond No. K42050878 ©062I3-I PERFORMANCE BOND Page I of 3 1 SECTION 00 6213 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRRANT § 7 That we, Cerris Builders, known as "Principal" herein and 8 Federal Insurance Cormaanv , a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the Developer, (Chisholm Trail Center, LP), authorized I 1 to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 12 ("City"), in the penal sum of ONE MILLION THREE HUNDRED EIGHTY-SEVEN 13 THOUSAND, EIGHT HUNDRED TWENTY-EIGHT & 421100 DOLLARS ($1,387,828.42), 14 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the 15 payment of which sum well and truly to be made jointly unto the Developer and the City as dual 16 obligees, we Bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 17 and severally, firmly by these presents. 18 "WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities 20 Agreement, CFA Number CFA24-0051; and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the 24th day of February , 2024 , which Contract is hereby referred to and made a 23 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 24 and other accessories defined by law, in the prosecution of the Work, including any Change 25 Orders, as provided for in. said Contract designated as Target- Chisholm Trail. 26 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 27 shall faithfully perform it obligations under the Contract and shall in all respects duly and 28 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 29 specifications, and contract documents therein referred to, and as well during any period of 30 extension of the Contract that may be granted on the part of the Developer and/or City, then this 31 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF PORT WORTH Target- Chisholm TY all STANDARD CITY CONDITIONS—BEVELOPER AWARDED PROJECTS CPN 105.520 Revised Jauuaty 3l„2012 006213-2 PERFORMANCE BOND Page of 3 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 thisbond 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 this instrument by duly authorized agents and officers on this the 3rd day of April , 20 25 10 11 12 13 14 15 f• 16 AT ST; r' 17 1$ r 19 (Principal) Secretary 20 21 22 23 5 Fitnessas P ' cipa 26 28 29 30 31 32 33 34 35 36 37 38 39 .�r `[ ►J� 40 V fitness as to Surety R- bier 41 42 43 PRINCIPAL: Cerris Builders BY: Signature Todd Winnerman President dame and Title Address: 5.633 W Swine Creek Parkwav Suite 200 Plano, TX 75024 SURETY: Federal Insurance Company BY: Si nature Hillary D. Shepard, Attorney -in -Fact ;dame and Title Address: 202B Hail's Mill Road Whitehouse Station. NJ 08889 Telephone Number: 215-640-1000 44 *Mate: If signed by an officer of the Surety Company, there must be on file a certified extract 45 from the by-laws showing that this person has authority to sign such obligation. If 46 Surety's physical address is different from its mailing address, both must be provided. 47 CITY OF FORT WORTH Target- Chisholm Trail STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised January 31.2012 00b2I3-3 PERFORMANCE BOND Page 3 of 3 The date of the bond shall not be prior to the date the Contract is awarded, CITY OF FORT WORTH Target- Chisholm Trait STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS CPN 1OP20 Revised 3ammry3l, 2012 DECREASE PENALTY RIDER BOND AMOUNT $1,387,828.42 BOND NO. K42050878 To be attached and form a part of Bond No. K42050878 dated the 3rd Day of April, 2025, executed by Federal insurance Company as surety, on behalf of Cerris Builders as current principal of record, and in favor of City of Fort Worth, as Obligee for Maintenance, Payment and Performance Bonds for CFA24-0051, and in the amount of One Million Three Hundred Eighty Seven Thousand Eight Hundred Twenty Eight Dollars and 42/100 ($1,387,828.42). In consideration of the agreed premium charged for this bond, it is understood and agreed that Federal Insurance Company hereby consents that effective from the 3rd Day of April, 2025, said bond shall be amended as follows. THE BOND PENALTY SHALL BE DECREASED: FROM: One Million Three Hundred Eighty Seven Thousand Eight Hundred Twenty Eight Dollars and 42/100 ($1,387,828.42) TO: One Million Three Hundred Eighty Seven Thousand Seven Hundred Ninety Eight Dollars and 17/100 ($1,387,798.17) The DECREASE of said bond penalty shall be effective as of the 3rd Day of April, 2025, and does hereby agree that the continuity of protection under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this 21st Day of April, 2025 Cerris Builders PRINCIPAL BY Federal Insurance Company SURM. BY V Hillary D. epard, JAR)NCYi-1N-FAC0T I±edcxal Insurance Company I V�gilimt Insurance Company I Pacific Indemnity Company Westchester Dire Insurance Company I ACE American Insurance Company Kvowe AD by Tbm Pre s ts, that EUMU INSUPURCE COWANY, out ittdtana oapmatim VTGUANT riiWRAM CMI<a'Ilfl[ a Now York varporatim PACIFIC INOMM COMPANT.a Delawarecorporodan. WEMMURR MSUMNCECOMPANYwAAa AMERICAN MURANCECOMPANYcorporaMatsafthst ersonw**ftorPwaxylmW 4* eacti taft conxN#atteand stplaotac Hillary D. Shepard Surety *nd NO. K42050878 {Ato List Items} Mjge W City of Fart Worth ea�astha#rauuEla�ttsiAta�-he-PteetsacaGtstasznderreuuc�s �m#ruawraart+aalFtbeirtce�arataaaalatoanctdelirariarandawthairEu€aestlueAaaa or othorwim boads and undateldngs and oft r wfltlap aid my in the us Lure thereof (odsar than bar bonds) givens or executed to the coupe of and auk htstniments orhfteftthe " M9 and 0oftaft tothe mcliffeatiao orskerrationofsay fns .nsauit Arred to In Wd bood$ or 044. be resat Wher" satki FOUAF.INSIrRAI ;0WANY. VIGUAIC: MURANC4 (*MFA,NY, PAC C INDERMY COMANY, WITMISMU Fifes ilMRANU COMPANY apart ACE SCAR INSURANCE COMPANY have each ttt mod and athistod these promats and dffae d theircorporate seal; on do I# day of October,'2024. �ridsot`a STATBik$NIlI'll ' }a Sgy usw� 4-�� Nvxrttf Elt,fto+ra, VIC4"Itre4dvol low tht Mis 194y of fttober. 2024 before me. a Notary Public atf Nwar jorw, Ferxans same Ratpsct flit Swhidelts soul Tilramr en Richbom to we known to be Aft Seat ottty autd Yfos rs;pec6€eMriy ofFEDIMALINSURANCECOMPANY,V9M.AfffINS€1RANCEOMPANY PACIRi+Ciit EMNr AMXPANY:?i SitliUTERFIRKINSU€fAliiBE sad ACE AMMCAN 9MUNCE COMPANY, tits eatapatrshes which mcuted. the fore$olag mower ofAttatrtey.. and the said Rapett HD Swindells and Warm Mcbhom b*Wg.Iry duly sworn ornoft 06+ h for bixasWdld depmvA say th4t*vy mv Axdmm Secretruy"dVimPimiien# respectively, afFt°fail; .A#xW$UUNCECOMPAfilKVIRA 'iN ORANCE COMPANY, PACRC INDMITY COMPANY 1 ' ZSM FM 0WRANCO COMPANY sod ACE AMRICAN INSIiIfANCR COMPANY and know the corpomtse sus thw wE OW the seats afted to ire bregoft Power of Attoratey are such rweponte seals and wm thereto alfiwed by authorty of sold Compan€m sad that their skpuftm as such eltims wo duly 'a oda"atubxTg*dbyWo CERTMCATION RmOutfams adeptwd by the Sods of Directors of ALAI. INSURANCE COMPANY. YiCxif.XN P ITi WIthiNCE COMPANY and PACIFIC tNDMrrY COMPANY on Ash 30, 2dt6s WTMUESTER MUMMA= COMPANY on Dwembor IL 2006- and ACEAMMUCAN WSUR ICE COMPANY ou i =vA 20� x : "RMMO oath the Ulcwtvs xWdW=cWQsw aniate to the taanataaws, fiv sad as bftralf of tht Compaslr, of brads, aadertjap, vvvepAmwam oxisaata sad other vraWAV osatmi eacub of the CoUwm aatreel cow"arlxtsits ba *Wr#w "b (t) rack of dw aftom the 10midomt and #tt Vice Atastdeatr of dwkheceby audKvbod eaas0M1*Kw MMCo awdaazb td@st� uatrmribeeaat after E� mr atttatwsre. Ia3 ladwdj` allotacl+rnrbuiaf uEsordey �tsstas�aas�rwfca3dca iataaislaabeheifar9t�utt�raapttaadtrthaakeeiadtfra�ana�aacrraae. ba tlw tart aaatb crake is arm �6ur graruof poart� proatdad har ut ;tap pm;sa9atre appaaabaeattaw.sa �-ta-t (3) Each of da Cbacvawa, *v Pr -et ate ei * VW* Vm4sata of gams Me guaroarto- Ud ofthe compair was he pmw aadaaathsornytxra ate W vast as bebst{fsaftbe matsur themief Caatpamyar atibWc a idtbs sat �ta tar in tads wrillm spposhmL which sped&sbcamv baby p mers; We or of Wrifta CawaeMab or by of am ar aaaae patimr WHttaa (4) d the du rrmin. tixt ftwk as wd ttr lhaa f+s+e W ate of r paey is hetadap rs d as ba of tfst emp rays tltla to es wr to aag elH tlsr Ca gqr tre�teaauaastCa,Lrstaa bettaii of the cavjwc aadw the "miff awal or camwtoo. saw ttitifffiea aftikeCanepreyartartgac Ike � ddepWALwhUhqwdficvvRm my be by Vand Wpor tlassar tYrlttw Coma eamt t or bq oa sdt armors. SNe�ea Casawtitettiteae Vw aim cla"effiisror i o saxra w+Y tYrdraa Cecaasaea attator ar �a pasanraat to art and s aaad srttAt tstln yc> yr Ur aE@eoed frp >a3staestttGYtkraGoeaaattataatorsrrt�a ar =tTHEttR LVW then ft finvegoft Reachon shalA not be damd zbe= statement if<aPrswmsa anrt rarofdso artdr pre tossxsfaraeaf hr t �:wulst zhadiautii�k+ar �t#staacertofatetgtpavrwrtrxor�tratkgrtrt#4ki[Ylpem�trsdarsyutad.' C�tIiIISwfttaA�t � arESIiBRAL il�iS{tRdtai£SCi1I�iPAMY.YIGiLd4tiT iNSEiRANGECt1MF'dtN'Y. F`ACIPIC IItD$ltli t�f3MPAIdY<1S'iCliltiS"Ci�l IpftSCiIEAIIC& COMPANYAzad AGO AUMCW€I@ URANCE COMPANY (th*-Cotmpades) dohereby cortffyti #Ij this ibregoiftgRerminttim adopted by the BWd.of ftwtsars oftha Companies arm bvee catreet and M MU %M And rat € i flataS►regaiagpowerrrfA#arsegls ca roct and iA bullfare and effect filets t nth toy It d aril tdaaid Fautt(ta pdrs ai tA`khe#atsse StRiiasaa Nl, fish; April 2 i. 2025. IIIIS±orlaadt��s OFFTfR a'9ENrYDU ETOVMF" gAVTMs'!'1R=0F'TH4S$0D0tN T1FYRStseANYa7 i16teTTMKVA==rhC7rstS^ V,1vr,hsnat9W!'.9@1-U92 FIX 194a1901-$656 e-aambiutrrvfehubbmm Coatbeed:Pto-tt 4,44FICAai teY,'44.40? Have a complaint or need help? Tiene una queja o necesita ayuda? IMPORTANTNOTICE If you have a problem with a claim or your premiums, call yeur insurance company first. If you can't work out the is te, the Texas Department of Insurance may be able to heEp. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company. If you don't, you may lose your right to appeal. To get information or file a complaint with CHUBB: Call Toll -free: 1-800-36-CHUBB Mail: Eastern Claim Service Center 600 Independence Parkway Chesapeake, VA 23320 Attn: Surety Support Phone: 800-252-4670 Fax: 800-664-5358 Email: ecsc.claims@chubb.com To get help with an insurance question or file a complaint with the state: T - ., Texas Department of Insurance Cull with a question: 1-800-252-3439 File a complaint: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov Mail: MC-iii-lA, P.O. Box 149091 Austin, TX 78714-9091 AVISO IMPORTANTE Si tiene un problema con un reclamo o las primas, llame primero a la empresa de seguros. Si no puede resolver el problema, el Departamento de Seguros del estado de Tejas puede ayudar. Si registra una queja con el Departamento de Seguros del estado de tejas, tambien debe presentar una queja o apelacion a traves de su compania de seguros. Si no to hate puede perder su derecho de apelar. Para obtener informacion o registro de una queja con CHUBB: I lame al:1-800-36-CHUBB Correo: Eastern Claim Service Center 600 Independence Parkway Chesapeake, VA 23320 Attn: Surety Support Telefono: 800-252-467o Fax: 800-664-5358 Correo electronico: ecsc.claims@chubb.com Para ayuda con una pregunta de seguros o registrar una queja con el estado: El Departamento de Seguros del Estado de Tejas Preguntas: 1-8 0 0-252-3439 Quejas: www.tdi.texas.gov Correo electronico: ConsumerProtection@tdi.texas.gov Correo: MC-111-1A, P.O. Box 149091 Austin, TX 78714-9091 Form �5-io-0347 (Rev. 2/23) Attachment Code: D629477 Master TD: 1066918, Certificate ID: 21139505 Worker's Compensation & Employer's Liability Coverage Policy No. CWD74099S60s 7/1/2024 - 7/1/2025 XL Specialty Insurance — covers Entities: Cerris Systems Reno, Inc. FKA Building Control Services, Inc. Cerris Systems, Inc. FKA MMC Contractors National, Inc. Cerris Systems North Central, Inc. FKA MMC Mechanical Contractors, Inc. Cerris Systems Iowa, Inc. FKA MMC Contractors Iowa, Inc. Cerris Systems West, Inc. FKA MMC Contractors West, Inc. Policy No. CWD742915901 7/1/2024 - 7/1/2025 XL Specialty Insurance— covers Entities: Cerris, Inc. Cerris Builders, Inc. SC Group Construction, Inc. Countywide Mechanical Systems, Inc FKA MMC Corp. FKA MW Builders, Inc. Policy No. CWR742916001 7/1/2024 - 7/1/2025 XL Specialty Insurance — Wisconsin WC Policy - covers all entities Excludes Puerto Rico and US Virgin Islands Stop Gap Only: ND, OH, WA, WY Attachment Code: D564542 Master ID: 1066918, Certificate ID: 21139505 CERRIS BUILDERS, INC..; 1066918 21139505 CITY OF FORT WORTH 200 TEXAS STREET, FORTH WORTH, TX 76102 Dear Valued Client: In our continuing effort to provide timely certificate delivery, Lockton Companies is utilizing paperless delivery of Certificates of Insurance. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via the email below and reference Certificate ID: 21139505. You must reference this Certificate ID number in order for us to complete this process. H Certificate ID: 21139505 0 Email: kcasu@Lockton.com fd Subject Line: ASU E-Delivery NOTES: -Signing up for this will NOT sign you up for any solicitation emails - your email will only be used to forward updated or renewal certificates direct from Lockton. -Your certificates will come via a secure link to our database. If you do need a pdf of a certificate, please email kcasu@lockton.com to request one. -If you received this letter with a certificate via email, no further action on your part is necessary. -if you no longer need this certificate, please contact us at kcasu@lockton.com, reference the Holder ID number and use this subject line: "Certificate Removal' Thank you for your cooperation. Lockton Companies Account Services Unit Email / Mailing Update - Liability Certificates Bond No. K42050878 006214-1 PAYMENTBOND Page 1 af2 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, Cerris Builders, known as "Principal" herein, and 8 Federal Insurance Company - , a corporate surety ( or 9 sureties if more than one), duly authorized to do business in the State of Texas, known as 10 "Surety„ herein (whether one or more), are held and firmly bound unto the Developer, (Chisholm 11 Trail Center, LP), authorized to do business in Texas "(Developer"), and the City of Fort Worth, a 12 Texas municipal corporation ("City"), in the penal sum of ONE MILLION THREE 13 HUNDRED EIGHTY-SEVEN THOUSAND. EIGHT HUNDRED TWENTY-EIGHT & 14 42/100 DOLLARS ($1,387,828.42)., lawful money of the united States, to be paid in. Fort 15 Worth, Tarrant County, Texas, for the payment of which sum well and truly be trade jointly unto 16 the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, 17 administrators, successors and assigns, jointly and severally, firmly by these presents: 18 WHEREAS, .Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number CFA24-0051; and 21 WHEREAS, Principal has entered into a certain written Contract with Developer,. 22 awarded the 24th day of Februa•v , 20 24 __, which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as Target Chisholm Trail. 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 Target- ChJThalm STANDARD CFFY CONDITIONS —DEVELOPER AWARDED PROJECTS CPN1-05520 Revised 7anwty31,.2012 W6214-2 PAYMENT BOND 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 3rd day of 6 April .20 25 . 7 8 9 10 1:1 12 13 14 ATTEST L"k {Principal} SecretaryAD —_ -- V tk i Wit ss as to P n p PRINCIPAL: Cerris Builders BY: 111�/-4 Signature Todd Winnerman President Name and Title Address: 5633 W SprinQ Creek Parkwav Suite 200 Plano, TX 75024 SURETY: Federal Insurance Companv ATTEST: BY: I P Signa re NIA Hillary 0. Shepard, Attorney -in -Fad (Surety) Secretary Name and Title Address: 202B Hall's Mill Road WitnesNth Whitehouse Statipn, NJ 088$9 s E1rety osarin abler Telephone Number: 215-640-1000 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH Target Chisholm STANDARD CrTY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised January 31, 2012 DECREASE PENALTY RIDER BOND AMOUNT $1,387,828.42 BOND NO. K42050878 To be attached and form a part of Bond No. K42050878 dated the 3rd Day of April, 2025, executed by Federal insurance Company as surety, on behalf of Cerris Builders as current principal of record, and in favor of City of Fort Worth, as Obligee for Maintenance, Payment and Performance Bonds for CFA24-0051, and in the amount of One Million Three Hundred Eighty Seven Thousand Eight Hundred Twenty Eight Dollars and 42/100 ($1,387,828.42). In consideration of the agreed premium charged for this bond, it is understood and agreed that Federal Insurance Company hereby consents that effective from the 3rd Day of April, 2025, said bond shall be amended as follows. THE BOND PENALTY SHALL BE DECREASED: FROM: One Million Three Hundred Eighty Seven Thousand Eight Hundred Twenty Eight Dollars and 42/100 ($1,387,828.42) TO: One Million Three Hundred Eighty Seven Thousand Seven Hundred Ninety Eight Dollars and 17/100 ($1,387,798.17) The DECREASE of said bond penalty shall be effective as of the 3rd Day of April, 2025, and does hereby agree that the continuity of protection under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this 21st Day of April, 2025 Cerris Builders PRINCIPAL BY Federal Insurance Company SURM. BY V Hillary D. epard, JAR)NCYi-1N-FAC0T I±edcxal Insurance Company I V�gilimt Insurance Company I Pacific Indemnity Company Westchester Dire Insurance Company I ACE American Insurance Company Kvowe AD by Tbm Pre s ts, that EUMU INSUPURCE COWANY, out ittdtana oapmatim VTGUANT riiWRAM CMI<a'Ilfl[ a Now York varporatim PACIFIC INOMM COMPANT.a Delawarecorporodan. WEMMURR MSUMNCECOMPANYwAAa AMERICAN MURANCECOMPANYcorporaMatsafthst ersonw**ftorPwaxylmW 4* eacti taft conxN#atteand stplaotac Hillary D. Shepard Surety *nd NO. K42050878 {Ato List Items} Mjge W City of Fart Worth ea�astha#rauuEla�ttsiAta�-he-PteetsacaGtstasznderreuuc�s �m#ruawraart+aalFtbeirtce�arataaaalatoanctdelirariarandawthairEu€aestlueAaaa or othorwim boads and undateldngs and oft r wfltlap aid my in the us Lure thereof (odsar than bar bonds) givens or executed to the coupe of and auk htstniments orhfteftthe " M9 and 0oftaft tothe mcliffeatiao orskerrationofsay fns .nsauit Arred to In Wd bood$ or 044. be resat Wher" satki FOUAF.INSIrRAI ;0WANY. VIGUAIC: MURANC4 (*MFA,NY, PAC C INDERMY COMANY, WITMISMU Fifes ilMRANU COMPANY apart ACE SCAR INSURANCE COMPANY have each ttt mod and athistod these promats and dffae d theircorporate seal; on do I# day of October,'2024. �ridsot`a STATBik$NIlI'll ' }a Sgy usw� 4-�� Nvxrttf Elt,fto+ra, VIC4"Itre4dvol low tht Mis 194y of fttober. 2024 before me. a Notary Public atf Nwar jorw, Ferxans same Ratpsct flit Swhidelts soul Tilramr en Richbom to we known to be Aft Seat ottty autd Yfos rs;pec6€eMriy ofFEDIMALINSURANCECOMPANY,V9M.AfffINS€1RANCEOMPANY PACIRi+Ciit EMNr AMXPANY:?i SitliUTERFIRKINSU€fAliiBE sad ACE AMMCAN 9MUNCE COMPANY, tits eatapatrshes which mcuted. the fore$olag mower ofAttatrtey.. and the said Rapett HD Swindells and Warm Mcbhom b*Wg.Iry duly sworn ornoft 06+ h for bixasWdld depmvA say th4t*vy mv Axdmm Secretruy"dVimPimiien# respectively, afFt°fail; .A#xW$UUNCECOMPAfilKVIRA 'iN ORANCE COMPANY, PACRC INDMITY COMPANY 1 ' ZSM FM 0WRANCO COMPANY sod ACE AMRICAN INSIiIfANCR COMPANY and know the corpomtse sus thw wE OW the seats afted to ire bregoft Power of Attoratey are such rweponte seals and wm thereto alfiwed by authorty of sold Compan€m sad that their skpuftm as such eltims wo duly 'a oda"atubxTg*dbyWo CERTMCATION RmOutfams adeptwd by the Sods of Directors of ALAI. INSURANCE COMPANY. YiCxif.XN P ITi WIthiNCE COMPANY and PACIFIC tNDMrrY COMPANY on Ash 30, 2dt6s WTMUESTER MUMMA= COMPANY on Dwembor IL 2006- and ACEAMMUCAN WSUR ICE COMPANY ou i =vA 20� x : "RMMO oath the Ulcwtvs xWdW=cWQsw aniate to the taanataaws, fiv sad as bftralf of tht Compaslr, of brads, aadertjap, vvvepAmwam oxisaata sad other vraWAV osatmi eacub of the CoUwm aatreel cow"arlxtsits ba *Wr#w "b (t) rack of dw aftom the 10midomt and #tt Vice Atastdeatr of dwkheceby audKvbod eaas0M1*Kw MMCo awdaazb td@st� uatrmribeeaat after E� mr atttatwsre. Ia3 ladwdj` allotacl+rnrbuiaf uEsordey �tsstas�aas�rwfca3dca iataaislaabeheifar9t�utt�raapttaadtrthaakeeiadtfra�ana�aacrraae. ba tlw tart aaatb crake is arm �6ur graruof poart� proatdad har ut ;tap pm;sa9atre appaaabaeattaw.sa �-ta-t (3) Each of da Cbacvawa, *v Pr -et ate ei * VW* Vm4sata of gams Me guaroarto- Ud ofthe compair was he pmw aadaaathsornytxra ate W vast as bebst{fsaftbe matsur themief Caatpamyar atibWc a idtbs sat �ta tar in tads wrillm spposhmL which sped&sbcamv baby p mers; We or of Wrifta CawaeMab or by of am ar aaaae patimr WHttaa (4) d the du rrmin. tixt ftwk as wd ttr lhaa f+s+e W ate of r paey is hetadap rs d as ba of tfst emp rays tltla to es wr to aag elH tlsr Ca gqr tre�teaauaastCa,Lrstaa bettaii of the cavjwc aadw the "miff awal or camwtoo. saw ttitifffiea aftikeCanepreyartartgac Ike � ddepWALwhUhqwdficvvRm my be by Vand Wpor tlassar tYrlttw Coma eamt t or bq oa sdt armors. SNe�ea Casawtitettiteae Vw aim cla"effiisror i o saxra w+Y tYrdraa Cecaasaea attator ar �a pasanraat to art and s aaad srttAt tstln yc> yr Ur aE@eoed frp >a3staestttGYtkraGoeaaattataatorsrrt�a ar =tTHEttR LVW then ft finvegoft Reachon shalA not be damd zbe= statement if<aPrswmsa anrt rarofdso artdr pre tossxsfaraeaf hr t �:wulst zhadiautii�k+ar �t#staacertofatetgtpavrwrtrxor�tratkgrtrt#4ki[Ylpem�trsdarsyutad.' C�tIiIISwfttaA�t � arESIiBRAL il�iS{tRdtai£SCi1I�iPAMY.YIGiLd4tiT iNSEiRANGECt1MF'dtN'Y. F`ACIPIC IItD$ltli t�f3MPAIdY<1S'iCliltiS"Ci�l IpftSCiIEAIIC& COMPANYAzad AGO AUMCW€I@ URANCE COMPANY (th*-Cotmpades) dohereby cortffyti #Ij this ibregoiftgRerminttim adopted by the BWd.of ftwtsars oftha Companies arm bvee catreet and M MU %M And rat € i flataS►regaiagpowerrrfA#arsegls ca roct and iA bullfare and effect filets t nth toy It d aril tdaaid Fautt(ta pdrs ai tA`khe#atsse StRiiasaa Nl, fish; April 2 i. 2025. IIIIS±orlaadt��s OFFTfR a'9ENrYDU ETOVMF" gAVTMs'!'1R=0F'TH4S$0D0tN T1FYRStseANYa7 i16teTTMKVA==rhC7rstS^ V,1vr,hsnat9W!'.9@1-U92 FIX 194a1901-$656 e-aambiutrrvfehubbmm Coatbeed:Pto-tt 4,44FICAai teY,'44.40? Have a complaint or need help? Tiene una queja o necesita ayuda? IMPORTANTNOTICE If you have a problem with a claim or your premiums, call yeur insurance company first. If you can't work out the is te, the Texas Department of Insurance may be able to heEp. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company. If you don't, you may lose your right to appeal. To get information or file a complaint with CHUBB: Call Toll -free: 1-800-36-CHUBB Mail: Eastern Claim Service Center 600 Independence Parkway Chesapeake, VA 23320 Attn: Surety Support Phone: 800-252-4670 Fax: 800-664-5358 Email: ecsc.claims@chubb.com To get help with an insurance question or file a complaint with the state: T - ., Texas Department of Insurance Cull with a question: 1-800-252-3439 File a complaint: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov Mail: MC-iii-lA, P.O. Box 149091 Austin, TX 78714-9091 AVISO IMPORTANTE Si tiene un problema con un reclamo o las primas, llame primero a la empresa de seguros. Si no puede resolver el problema, el Departamento de Seguros del estado de Tejas puede ayudar. Si registra una queja con el Departamento de Seguros del estado de tejas, tambien debe presentar una queja o apelacion a traves de su compania de seguros. Si no to hate puede perder su derecho de apelar. Para obtener informacion o registro de una queja con CHUBB: I lame al:1-800-36-CHUBB Correo: Eastern Claim Service Center 600 Independence Parkway Chesapeake, VA 23320 Attn: Surety Support Telefono: 800-252-467o Fax: 800-664-5358 Correo electronico: ecsc.claims@chubb.com Para ayuda con una pregunta de seguros o registrar una queja con el estado: El Departamento de Seguros del Estado de Tejas Preguntas: 1-8 0 0-252-3439 Quejas: www.tdi.texas.gov Correo electronico: ConsumerProtection@tdi.texas.gov Correo: MC-111-1A, P.O. Box 149091 Austin, TX 78714-9091 Form �5-io-0347 (Rev. 2/23) Bond No, K42060878 OD6219-1 MAINTENANCE BOND Page I of 3 1, SECTION 00 6219 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE :PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Cerris Builders, known as "Principal" herein and 9 Federal Insurance Company . a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one I I or more), are held and firmly bound unto the Developer, Chisholm Trail Center, LP authorized. to 12 do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 13 ("City'), in the sum of ONE MILLION THREE HUNDRED EIGHTY-SEVEN 14 THOUSAND, EIGHT HUNDRED TWENTY-EIGHT & 42/100 DOLLARS ($1,387,928.42), 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 17 their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, 18 jointly and severally, firmly by these presents. 19 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 22 Agreement, CFA Number CFA24-0051.; and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer 24 awarded the 24th day of February . 20 24 , which Contract is 25 hereby 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 Target- Chisholm Trail; and 29 30 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 31 accordance with the plans, specifications and Contract Documents that the Work is and will 32 remain free from defects in materials or workmanship for and during the period of two (2) years 33 after the date of .Final Acceptance of the Work by the City ("Maintenance Period"); and 34 CITY OF FORT WOR.TII Target- Chisholm Trait STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS CPN 105520 Revised January 31.2012 OU6219-2 MAMENANCE BOND Page 2 of 3 1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance Period. 4 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 8 remain in full force and effect. 9 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely I 1 noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety under this Maintenance Bond; and 14 1.5 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 17 Worth Division; and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FORT WORTH Target- Chisholm Trail STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS CPN 105520 Revised knuaty 3l , 2012 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 l,PA 006219.3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal anal the Surety have each SIGNED and SEALED this instru rent by duly authorized agents and officers on this the 3rd day of April .2025 . A T: 7 ( Cipal) Secretary W ness as to net 1 ATTEST: NIA (surety) Se�c(r�ejta�r�yj� Wi ss as to Surety osenna R. Dab er PRINCIPAL: Cerris Builders BY:- Signatum Todd Winnerman President Name and Title Address: 5633 W Snrins Creek Parkway Suite 200 Plano. TX 75024 SURETY: Federal Insurance Comoanv Hillary D. Sheoard. Attome_v-in-Fact Name and Title Address: 202B Hall's Mill Rd. Whitehouse Station, NJ 08889 Telephone Number: 215-640-1000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract, from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided.. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Target- Chishalm Trait CPN 105520 DECREASE PENALTY RIDER BOND AMOUNT $1,387,828.42 BOND NO. K42050878 To be attached and form a part of Bond No. K42050878 dated the 3rd Day of April, 2025, executed by Federal insurance Company as surety, on behalf of Cerris Builders as current principal of record, and in favor of City of Fort Worth, as Obligee for Maintenance, Payment and Performance Bonds for CFA24-0051, and in the amount of One Million Three Hundred Eighty Seven Thousand Eight Hundred Twenty Eight Dollars and 42/100 ($1,387,828.42). In consideration of the agreed premium charged for this bond, it is understood and agreed that Federal Insurance Company hereby consents that effective from the 3rd Day of April, 2025, said bond shall be amended as follows. THE BOND PENALTY SHALL BE DECREASED: FROM: One Million Three Hundred Eighty Seven Thousand Eight Hundred Twenty Eight Dollars and 42/100 ($1,387,828.42) TO: One Million Three Hundred Eighty Seven Thousand Seven Hundred Ninety Eight Dollars and 17/100 ($1,387,798.17) The DECREASE of said bond penalty shall be effective as of the 3rd Day of April, 2025, and does hereby agree that the continuity of protection under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this 21st Day of April, 2025 Cerris Builders PRINCIPAL BY Federal Insurance Company SURM. BY V Hillary D. epard, JAR)NCYi-1N-FAC0T I±edcxal Insurance Company I V�gilimt Insurance Company I Pacific Indemnity Company Westchester Dire Insurance Company I ACE American Insurance Company Kvowe AD by Tbm Pre s ts, that EUMU INSUPURCE COWANY, out ittdtana oapmatim VTGUANT riiWRAM CMI<a'Ilfl[ a Now York varporatim PACIFIC INOMM COMPANT.a Delawarecorporodan. WEMMURR MSUMNCECOMPANYwAAa AMERICAN MURANCECOMPANYcorporaMatsafthst ersonw**ftorPwaxylmW 4* eacti taft conxN#atteand stplaotac Hillary D. Shepard Surety *nd NO. K42050878 {Ato List Items} Mjge W City of Fart Worth ea�astha#rauuEla�ttsiAta�-he-PteetsacaGtstasznderreuuc�s �m#ruawraart+aalFtbeirtce�arataaaalatoanctdelirariarandawthairEu€aestlueAaaa or othorwim boads and undateldngs and oft r wfltlap aid my in the us Lure thereof (odsar than bar bonds) givens or executed to the coupe of and auk htstniments orhfteftthe " M9 and 0oftaft tothe mcliffeatiao orskerrationofsay fns .nsauit Arred to In Wd bood$ or 044. be resat Wher" satki FOUAF.INSIrRAI ;0WANY. VIGUAIC: MURANC4 (*MFA,NY, PAC C INDERMY COMANY, WITMISMU Fifes ilMRANU COMPANY apart ACE SCAR INSURANCE COMPANY have each ttt mod and athistod these promats and dffae d theircorporate seal; on do I# day of October,'2024. �ridsot`a STATBik$NIlI'll ' }a Sgy usw� 4-�� Nvxrttf Elt,fto+ra, VIC4"Itre4dvol low tht Mis 194y of fttober. 2024 before me. a Notary Public atf Nwar jorw, Ferxans same Ratpsct flit Swhidelts soul Tilramr en Richbom to we known to be Aft Seat ottty autd Yfos rs;pec6€eMriy ofFEDIMALINSURANCECOMPANY,V9M.AfffINS€1RANCEOMPANY PACIRi+Ciit EMNr AMXPANY:?i SitliUTERFIRKINSU€fAliiBE sad ACE AMMCAN 9MUNCE COMPANY, tits eatapatrshes which mcuted. the fore$olag mower ofAttatrtey.. and the said Rapett HD Swindells and Warm Mcbhom b*Wg.Iry duly sworn ornoft 06+ h for bixasWdld depmvA say th4t*vy mv Axdmm Secretruy"dVimPimiien# respectively, afFt°fail; .A#xW$UUNCECOMPAfilKVIRA 'iN ORANCE COMPANY, PACRC INDMITY COMPANY 1 ' ZSM FM 0WRANCO COMPANY sod ACE AMRICAN INSIiIfANCR COMPANY and know the corpomtse sus thw wE OW the seats afted to ire bregoft Power of Attoratey are such rweponte seals and wm thereto alfiwed by authorty of sold Compan€m sad that their skpuftm as such eltims wo duly 'a oda"atubxTg*dbyWo CERTMCATION RmOutfams adeptwd by the Sods of Directors of ALAI. INSURANCE COMPANY. YiCxif.XN P ITi WIthiNCE COMPANY and PACIFIC tNDMrrY COMPANY on Ash 30, 2dt6s WTMUESTER MUMMA= COMPANY on Dwembor IL 2006- and ACEAMMUCAN WSUR ICE COMPANY ou i =vA 20� x : "RMMO oath the Ulcwtvs xWdW=cWQsw aniate to the taanataaws, fiv sad as bftralf of tht Compaslr, of brads, aadertjap, vvvepAmwam oxisaata sad other vraWAV osatmi eacub of the CoUwm aatreel cow"arlxtsits ba *Wr#w "b (t) rack of dw aftom the 10midomt and #tt Vice Atastdeatr of dwkheceby audKvbod eaas0M1*Kw MMCo awdaazb td@st� uatrmribeeaat after E� mr atttatwsre. Ia3 ladwdj` allotacl+rnrbuiaf uEsordey �tsstas�aas�rwfca3dca iataaislaabeheifar9t�utt�raapttaadtrthaakeeiadtfra�ana�aacrraae. ba tlw tart aaatb crake is arm �6ur graruof poart� proatdad har ut ;tap pm;sa9atre appaaabaeattaw.sa �-ta-t (3) Each of da Cbacvawa, *v Pr -et ate ei * VW* Vm4sata of gams Me guaroarto- Ud ofthe compair was he pmw aadaaathsornytxra ate W vast as bebst{fsaftbe matsur themief Caatpamyar atibWc a idtbs sat �ta tar in tads wrillm spposhmL which sped&sbcamv baby p mers; We or of Wrifta CawaeMab or by of am ar aaaae patimr WHttaa (4) d the du rrmin. tixt ftwk as wd ttr lhaa f+s+e W ate of r paey is hetadap rs d as ba of tfst emp rays tltla to es wr to aag elH tlsr Ca gqr tre�teaauaastCa,Lrstaa bettaii of the cavjwc aadw the "miff awal or camwtoo. saw ttitifffiea aftikeCanepreyartartgac Ike � ddepWALwhUhqwdficvvRm my be by Vand Wpor tlassar tYrlttw Coma eamt t or bq oa sdt armors. SNe�ea Casawtitettiteae Vw aim cla"effiisror i o saxra w+Y tYrdraa Cecaasaea attator ar �a pasanraat to art and s aaad srttAt tstln yc> yr Ur aE@eoed frp >a3staestttGYtkraGoeaaattataatorsrrt�a ar =tTHEttR LVW then ft finvegoft Reachon shalA not be damd zbe= statement if<aPrswmsa anrt rarofdso artdr pre tossxsfaraeaf hr t �:wulst zhadiautii�k+ar �t#staacertofatetgtpavrwrtrxor�tratkgrtrt#4ki[Ylpem�trsdarsyutad.' C�tIiIISwfttaA�t � arESIiBRAL il�iS{tRdtai£SCi1I�iPAMY.YIGiLd4tiT iNSEiRANGECt1MF'dtN'Y. F`ACIPIC IItD$ltli t�f3MPAIdY<1S'iCliltiS"Ci�l IpftSCiIEAIIC& COMPANYAzad AGO AUMCW€I@ URANCE COMPANY (th*-Cotmpades) dohereby cortffyti #Ij this ibregoiftgRerminttim adopted by the BWd.of ftwtsars oftha Companies arm bvee catreet and M MU %M And rat € i flataS►regaiagpowerrrfA#arsegls ca roct and iA bullfare and effect filets t nth toy It d aril tdaaid Fautt(ta pdrs ai tA`khe#atsse StRiiasaa Nl, fish; April 2 i. 2025. IIIIS±orlaadt��s OFFTfR a'9ENrYDU ETOVMF" gAVTMs'!'1R=0F'TH4S$0D0tN T1FYRStseANYa7 i16teTTMKVA==rhC7rstS^ V,1vr,hsnat9W!'.9@1-U92 FIX 194a1901-$656 e-aambiutrrvfehubbmm Coatbeed:Pto-tt 4,44FICAai teY,'44.40? Have a complaint or need help? Tiene una queja o necesita ayuda? IMPORTANTNOTICE If you have a problem with a claim or your premiums, call yeur insurance company first. If you can't work out the is te, the Texas Department of Insurance may be able to heEp. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company. If you don't, you may lose your right to appeal. To get information or file a complaint with CHUBB: Call Toll -free: 1-800-36-CHUBB Mail: Eastern Claim Service Center 600 Independence Parkway Chesapeake, VA 23320 Attn: Surety Support Phone: 800-252-4670 Fax: 800-664-5358 Email: ecsc.claims@chubb.com To get help with an insurance question or file a complaint with the state: T - ., Texas Department of Insurance Cull with a question: 1-800-252-3439 File a complaint: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov Mail: MC-iii-lA, P.O. Box 149091 Austin, TX 78714-9091 AVISO IMPORTANTE Si tiene un problema con un reclamo o las primas, llame primero a la empresa de seguros. Si no puede resolver el problema, el Departamento de Seguros del estado de Tejas puede ayudar. Si registra una queja con el Departamento de Seguros del estado de tejas, tambien debe presentar una queja o apelacion a traves de su compania de seguros. Si no to hate puede perder su derecho de apelar. Para obtener informacion o registro de una queja con CHUBB: I lame al:1-800-36-CHUBB Correo: Eastern Claim Service Center 600 Independence Parkway Chesapeake, VA 23320 Attn: Surety Support Telefono: 800-252-467o Fax: 800-664-5358 Correo electronico: ecsc.claims@chubb.com Para ayuda con una pregunta de seguros o registrar una queja con el estado: El Departamento de Seguros del Estado de Tejas Preguntas: 1-8 0 0-252-3439 Quejas: www.tdi.texas.gov Correo electronico: ConsumerProtection@tdi.texas.gov Correo: MC-111-1A, P.O. Box 149091 Austin, TX 78714-9091 Form �5-io-0347 (Rev. 2/23) •V • C: H U ES Power Of Attorney Federal Insurance Company (.Vigilant Insurance Company f Pacific Indemnity Company Westchester Fire Insurance Company i ACE American Insurance Company Know All by These Presents. that FEDERIIF, MURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporative. PACIFIC INDEMNITY COMPANY,is Delaware corporation, WESrCHESTER FIRE INSURANCE COMPANY and ACE AttI6RICAN#NNSURANCE COMPANY corporatlnns ofthe Commonwealth of Pennsylvanta, do eaehhemby coustttute aird appoint Christy M. Bralle, Danielle R. Capps, Jeffrey C. Carey, Mary T. Flanige njahitia M. Fry, C. Stephens Griggs, ErIn C. Lavin, Veronica Lawyer, Rebecca $. Leaf, Kellie A. Meyer, Patrick T. Pribyl, Debra I. Scarborough, Lauren Scott; Hillary D. ShepWrd, Evart D. $izemorre, Krbtltt D. Thurber and Mariana Walker of Kansas City, Missouri � - � ---�- - - .- T-- -- --�.�- -- -�-•--»--.--,--,-�.--. each astheirtrttg andlawfidAttorneyin-Racttoe wcuteundersuchdesignationtn thOrnamesand to aiAxtheir corporate seats to and dellverfor and ontheirbehalfassurety themon ortidwm ise, bonds and tatsdettakfngs and other writings obligatory in the nature thereof fother than ba0 bonds) given or executed in the course of itusiness and any instruments amending or aiteringthespme, and consents to the modification or alteration of ony Instrument referred to in said bonds or obligations. to What" tiRhe€reol said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, NV"%uft"# o i FIRE INSURANCE COMPANY andACE AMWCW INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this Astir day, of July, 2024 4t't€rtcst Ekhhfm VievPrtaident >�I ifi Sa�ndaRt� Atsai � �y -r i !';ATE OFNEWJERSEY Countyofffunterdoit On thkt I.Sth day of Daly, 2024before me, a Notary Public of New lersey, personally cause Rupert RD Swindells and Warren Elchborni to meknown to beAnistant Secretary advice President, respectively, ofFrEDE AL INSURANCECOMPANX VIGILANT INSURANCE COMPANY.PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANYand ACE AMERICAN INSIURANCECOMPANY.thecompsnteswhidt-executed the foregoing Power otAteoroey, andthe said Rupert HD Swindeiisand warren Eichhom beingby me dnlysworn, severally and each for himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY; VIGILANT INSURANCE COMFIANY PACIFIC INDBMNM COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, thatthe seats art wit to the foregoingPowerofAttomey are such corporate seals and were thereto ailixed by authority of said Companies; and that their Stgnaturesas such officers wore duly affixed and subscribed by like authordy Notarial Seal Attrcataruusat fK1YfiARlf DtrBt1.0 t7F NEY€rif.�E.lf gl%'ta,fw . '0n Cattt AtWeat ZZ,70V K CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 3II, 2E26; WESTCHES I ER PIREINSURANCECOMPANYon December 11, 2006; andACE AMERICAN INSURANCE COMPANYon March Zit, Z009; "RB$0LV80. that the fatlowing aashorlxarh€tu cetera to the esccuOm for and on boltafroftha Company, efbund% underiw recognizaacm CaRO" and other Written cornmitmeoteof the Company entered turn to tbeordbtory come ofboshsess (each a `WrittenCommitmene); [t) Each ofthe Chairman, the President and the Vk'e Prestdents of the Company Is hereby authorized to.esxecutoar}yWiir=Cummitrnent farantianlrelutifnftlteGompany.uttderdsasaal of the Comiarty ar otherwtu, (2) EachtkdyalrpolmtedatWttseyditrbctof#eCompany nhereby outherawaxexecmany Written convuitmentforasdmtbehatinFthe�ampanyuadsrthtrsrafaPtheCo�pa�arottt�rr;t� totheextrhatthat such action Is authorized by thegrantef pnwers proyidedfor in such person's written appointmentas such sttmney-in-furl. f3) Each oftheChairman, the President and the Vice Presidents of theCompazyis herabyautborized,foranfon beitahoftho<.pntpany,ta0pptaittthfortt4ng any person the attoroey-lo- fact of the Company w&h fult power andautiroritytoexea t$ for and on behaffafthoQmpmy, under the seal of the companyorothowise such Written Commitments ofthectmpavy may ap be tpoodl ed in such Written appoimmest. which Vec8crton may be. by general typo or dads of Written Coahmbruents or by specification of one or store patnodar Written commftmmm (4) Each of the Chairman, the President and the Vie #ices€dents of the company is hereby author Wed, Wood on behalf of tine Compatty, to delegate In Writhe to any otter oillar of the Company for and on behalf of the Company, under the Contpa5e* seat or otherwise, such Written Compmyasmrespedliedinsuch written d�egattoibtvhititspetifiaattnn may €aa by generar typeor class of Writttft, Cun€mhxmartta m hy>�mofotntartthare,paruCular WHttenCommkmants. . t5j The OpwAure of any officer or other person exewunit any Wthtteo Commitment or appointment ordeloption pursuant to this Resolution, and the sew ache Company, may he alkoil by f+aimile ua suds Written Cpmmltatrentor wrYtmn apputntntent or delegattsru. AMTEEA MOLVEO. t►tm the foregoing Resolution shall not the deamedto be, an exclusive stahrowm of the powers and authority of officers, employees andl otter persons to au for and oohehalfofthe Company, and such Resolution shalt notlimkorother wisaa0athe err 6" ofsnysuch poweror sothnr€ty othemise validly gnaw or vested.` I, Rupert HD Swindells. Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WXSTCHRSTER FIRE INSURANCE COMPANYandACE AMERICAN INSURANCECOMPAt4Y(the "Companies") do boroby certify that (l) the foregoing Resolutions adapted by the hoard of Directors of the Companies are true, correct and it) full smile and effect, the foregoing Power of Attorney is true, correct and in foil force and effect Given under my hand and seats ofsaid Companies at Whitehouse Station, Ni, this 3rd Day of April, 2025. i � Rup€Ir[$CIy' AISISCRRCSIft#YftRYy INTHE MT Y00WIMTGVERIFYTIfEAi"UMTICITYaPTiiISaONDOILNOTIPYUSOFANYOT14ERN,4TUR,PLW9CONTACTUSAT: Ter-,hotte€90 003. 3A93 Faxi"81.903-3656 e•ma8: auren4khoWcom f,'oaabkt�ad:6iw'Ii-YfC§•'PI^WFIC-1nAiC{fov, ti-1$} Have a complaint or need help? Tiene una queja o necesita ayuda? IMPORTANT NOTICE If you have a problem with a claim or your premiums, call your insurance company first. If you can't work out the issue, the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company. If you don't, you may lose your right to appeal. To get information or file a complaint with CHUBB: Call Toll-free:1-Soo-36-CHUBB Mail: Eastern Claim Service Center 600 Independence Parkway Chesapeake, VA 23320 Attn: Surety Support 1`4ivne: 800-252-4670 Fax: 800-664-5358 Email: ecsc.claims@chubb.com To get help with an insurance question or file a complaint with the state: The Texas Department of Insurance Call with a question: 1-800-252-3439 File a complaint: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov Mail: MC-111-1A, P.O. Box 149091 Austin, TX 78714-9091 AVISO IMPORTANTE Si tiene un problema con un reclamo o las primas, llame primero a la empresa de seguros. Si no puede resolver el problema, el Departamento de Seguros del estado de Tejas puede ayudar. Si registra una queja con el Departamento de Seguros del estado de tejas, tambien debe presentar una queja o apelacion a traves de su compania de seguros. Si no to hace puede perder su derecho de apelar. Para obtener informacion o registro de una queja con CHUBB: Uame al: 1-800-36-CHUBB Correo: Eastern Claim Service Center 600 Independence Parkway Chesapeake, VA 23320 Attn: Surety Support Telefono: 800-252-4670 Fax: 800-664-5358 Correo electronico: ecsc.claims@chubb.com Para ayuda con una pregunta de seguros o registrar una queja con el estado: El Departamento de Seguros del Estado de Tejas Preguntas : 1-8 0 0-252-3439 Quejas: www.tdi.texas.gov Correo electronico: ConsumerProtection@tdi.texas.gov Correo: MC-111-IA, P.O. Box 149091 Austin, TX 78714-9091 Form �5-10-0347 (Rev. 2/23) STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Article 1 — Definitions and Terminology.......... 1.01 Defined Terms ............................... 1.02 Terminology .................................. Article 2 — Preliminary Matters ....................... 2.01 Before Starting Construction...... 2.02 Preconstruction Conference........ 2.03 Public Meeting ............................ Page .............................................1 .............................................1 ............................................. 5 ....................................................... 6 ....................................................... 6 ....................................................... 6 ....................................................... 6 Article 3 — Contract Documents and Amending............................................................................................... 6 3.01 Reference Standards..................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents.................................................................. 6 Article 4 — Bonds and Insurance....................................................................................................................... 7 4.01 Licensed Sureties and Insurers..................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds........................................................................ 7 4.03 Certificates of Insurance............................................................................................................... 7 4.04 Contractor's Insurance.................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................12 Article 5 — Contractor's Responsibilities........................................................................................................12 5.01 Supervision and Superintendent.................................................................................................12 5.02 Labor; Working Hours................................................................................................................13 5.03 Services, Materials, and Equipment...........................................................................................13 5.04 Project Schedule..........................................................................................................................14 5.05 Substitutes and "Or-Equals".......................................................................................................14 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors).....................................16 5.07 Concerning Subcontractors, Suppliers, and Others...................................................................16 5.08 Wage Rates..................................................................................................................................18 5.09 Patent Fees and Royalties...........................................................................................................19 5.10 Laws and Regulations.................................................................................................................19 5.11 Use of Site and Other Areas.......................................................................................................19 5.12 Record Documents......................................................................................................................20 5.13 Safety and Protection.................................................................................................................. 21 5.14 Safety Representative.................................................................................................................21 5.15 Hazard Communication Programs.............................................................................................22 5.16 Submittals....................................................................................................................................22 5.17 Contractor's General Warranty and Guarantee..........................................................................23 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ............................................ 5.19 Delegation of Professional Design Services 5.20 Right to Audit: ............................................. 5.21 Nondiscrimination ........................................ Article 6 - Other Work at the Site....... 6.01 Related Work at Site ....... Article 7 - City's Responsibilities ............................................ 7.01 Inspections, Tests, and Approvals ....................... 7.02 Limitations on City's Responsibilities ................ 7.03 Compliance with Safety Program ........................ Article 8 - City's Observation Status During Construction....... 8.01 City's Project Representative ................................. 8.02 Authorized Variations in Work .............................. 8.03 Rejecting Defective Work ...................................... 8.04 Determinations for Work Performed ...................... Article 9 - Changes in the Work ...................... 9.01 Authorized Changes in the Work 9.02 Notification to Surety ................... Article 10 - Change of Contract Price; Change of Contract Time 10.01 Change of Contract Price ........................................... 10.02 Change of Contract Time ........................................... 10.03 Delays......................................................................... Article 11 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ............ 11.01 Notice of Defects.............................................................................................................. 11.02 Access to Work................................................................................................................. 11.03 Tests and Inspections........................................................................................................ 11.04 Uncovering Work............................................................................................................. 11.05 City May Stop the Work................................................................................................... 11.06 Correction or Removal of Defective Work...................................................................... 11.07 Correction Period.............................................................................................................. 11.08 City May Correct Defective Work................................................................................... Article 12 - Completion ........................................... 12.01 Contractor's Warranty of Title ............ 12.02 Partial Utilization ................................. 12.03 Final Inspection .................................... 12.04 Final Acceptance .................................. Article 13 - Suspension of Work ..................................... 13.01 City May Suspend Work ............................. Article 14 - Miscellaneous ......................................... 14.01 Giving Notice ......................................... CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 24 24 25 25 26 26 26 26 26 27 a a ... 29 ... 29 ... 29 ... 29 ... 30 ... 30 ... 30 ... 30 ... 31 ................................. 32 ................................. 32 ................................. 32 ................................. 32 ................................. 33 ............................................................. 33 ............................................................. 33 34 34 14.02 Computation of Times................................................................................................................ 34 14.03 Cumulative Remedies................................................................................................................. 34 14.04 Survival of Obligations...............................................................................................................35 14.05 Headings......................................................................................................................................35 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw — City's on-line, electronic document management and collaboration system. 5. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home -rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract —The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents —Those items that make up the contract and which must include the Agreement, and it's attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non -Resident Bidder iii. Prequalification Statement C. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions 1. Supplementary Conditions in. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents o. Drawings P. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor —The individual or entity with whom Developer has entered into the Agreement. 11. Day or day —A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer — An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance — The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 16. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements —A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non -Participating Change Order —A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order —A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans — See definition of Drawings. 24. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 25. Project —The Work to be performed under the Contract Documents. 26. Project Representative —The authorized representative of the City who will be assigned to the Site. 27. Public Meeting — An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours — Hours beginning at 7: 00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 30. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site —Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions — That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of apart of the Work at the Site. 35. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions —That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours — Hours beginning at 9: 00 a. in. and ending at 5: 00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 41. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non -Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p. m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. C. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 ARTICLE 2 — PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non - Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 — CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non -Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City's written interpretation or clarification. ARTICLE 4 — BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 1. The certificate of insurance shall document the City, an as "Additional Insured" on all liability policies. 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either parry or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 4.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor's Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 1) $1, 000, 000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: 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: None Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence:: None Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of - CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at -grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company's right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 — CONTRACTOR'S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre -qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 ❑ Required for this Contract. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates ❑ Required for this Contract. WNot Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 1 Ith day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For -Information -Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.13. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 ARTICLE 6 — OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. ARTICLE 7 — CITY'S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 7.03 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 — CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 ARTICLE 11— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. Developer/Contractor. City will forward all invoices for retests to 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor's obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 11.09. ARTICLE 12 — COMPLETION 12.01 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 — SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 — MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given i£ 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 01 11 00 SUMMARY OF WORK 011100-1 DAP SUMMARY OF WORK Pagel of 3 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division 1 - General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 105520 Revised December 20, 2012 011100-2 DAP SUMMARY OF WORK Page 2 of 3 1 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in accordance with railroad requirements set forth in 7 Division 0 as well as the railroad permit. 8 D. Work within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission 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, plants, 18 lawns, fences, culverts, curbing, and all other types of structures or improvements, 19 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 20 appurtenances thereof, including the construction of temporary fences and to all 21 other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or private 23 lands of interest in lands which might be affected by the Work. 24 a. Such notice shall be made at least 48 hours in advance of the beginning of the 25 Work. 26 b. Notices shall be applicable to both public and private utility companies and any 27 corporation, company, individual, or other, either as owners or occupants, 28 whose land or interest in land might be affected by the Work. 29 c. Be responsible for all damage or injury to property of any character resulting 30 from any act, omission, neglect, or misconduct in the manner or method or 31 execution of the Work, or at any time due to defective work, material, or 32 equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the Project 35 to the original or a better than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the Work is 37 not in progress and when the site is vacated overnight, and/or at all times to 38 provide site security. 39 c. The cost for all fence work within easements, including removal, temporary 40 closures and replacement, shall be subsidiary to the various items bid in the 41 project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 105520 Revised December 20, 2012 011100-3 DAP SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 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 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 105520 Revised December 20, 2012 012500-1 DAP SUBSTITUTION PROCEDURES SECTION 0125 00 SUBSTITUTION PROCEDURES PART1- GENERAL 1.1 SUMMARY A. Section Includes: Page 1 of 4 The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or -equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or -equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a. Or -equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August 30, 2013 012500-2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Form (attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, if a reduction in cost or time results, it will be documented by Change Order. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August 30, 2013 012500-3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 4. Substitution will be rejected if. a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the Developer's opinion, acceptance will require substantial revision of the original design d. In the City's or Developer's opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August 30, 2013 012500-4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature Recommended as noted Firm Not recommended Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date Recommended Received late CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August 30, 2013 013119-1 DAP PRECONSTRUCTION MEETING SECTION 01 31 19 PRECONSTRUCTION MEETING PART1- GENERAL 1.1 SUMMARY A. Section Includes: Page 1 of 3 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Developer and Consultant b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August 30, 2013 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 e. Other City representatives f. Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre -Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment J. Questions or Comments CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August 30, 2013 013119-3 DAP PRECONSTRUCTION MEETING Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August 30, 2013 013120-1 DAP PROJECT MEETINGS Page 1 of 3 SECTION 01 31 20 PROJECT MEETINGS [Specifier: This Specification is intended for use on projects designated as Tier 3 or Tier 4.] PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Provisions for project meetings throughout the construction period to enable orderly review of the progress of the Work and to provide for systematic discussion of potential problems B. Deviations 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 IWANNW411/.1003Z%140IBlel89,11Zy041114*9&1 A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Schedule, attend and administer as specified, periodic progress meetings, and specially called meetings throughout progress of the Work. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meetings administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. 4. Meetings, in addition to those specified in this Section, may be held when requested by the City, Engineer or Contractor. B. Pre -Construction Neighborhood Meeting 1. After the execution of the Agreement, but before construction is allowed to begin, attend 1 Public Meeting with affected residents to: a. Present projected schedule, including construction start date b. Answer any construction related questions 2. Meeting Location a. Location of meeting to be determined by the City. 3. Attendees CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised July 1, 2011 013120-2 DAP PROJECT MEETINGS Page 2 of 3 a. Contractor b. Project Representative c. Other City representatives 4. Meeting Schedule a. In general, the neighborhood meeting will occur within the 2 weeks following the pre -construction conference. b. In no case will construction be allowed to begin until this meeting is held. C. Progress Meetings 1. Formal project coordination meetings will be held periodically. Meetings will be scheduled and administered by Project Representative. 2. Additional progress meetings to discuss specific topics will be conducted on an as - needed basis. Such additional meetings shall include, but not be limited to: a. Coordinating shutdowns b. Installation of piping and equipment c. Coordination between other construction projects d. Resolution of construction issues e. Equipment approval 3. The Project Representative will preside at progress meetings, prepare the notes of the meeting and distribute copies of the same to all participants who so request by fully completing the attendance form to be circulated at the beginning of each meeting. 4. Attendance shall include: a. Contractor's project manager b. Contractor's superintendent c. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request d. Engineer's representatives e. City's representatives f. Others, as requested by the Project Representative Preliminary Agenda may include: a. Review of Work progress since previous meeting b. Field observations, problems, conflicts c. Items which impede construction schedule d. Review of off -site fabrication, delivery schedules e. Review of construction interfacing and sequencing requirements with other construction contracts f. Corrective measures and procedures to regain projected schedule g. Revisions to construction schedule h. Progress, schedule, during succeeding Work period i. Coordination of schedules j. Review submittal schedules k. Maintenance of quality standards 1. Pending changes and substitutions m. Review proposed changes for: 1) Effect on construction schedule and on completion date 2) Effect on other contracts of the Project n. Review Record Documents o. Review monthly pay request CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised July 1, 2011 013120-3 DAP PROJECT MEETINGS Page 3 of 3 p. Review status of Requests for Information 6. Meeting Schedule a. Progress meetings will be held periodically as determined by the Project Representative. 1) Additional meetings may be held at the request of the: a) City b) Engineer c) Contractor 7. Meeting Location a. The City will establish a meeting location. 1) To the extent practicable, meetings will be held at the Site. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised July 1, 2011 013233-1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 SECTION 0132 33 PRECONSTRUCTION VIDEO PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. Though not mandatory, it is highly recommended on infill developer projects. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August 30, 2013 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August 30, 2013 SECTION 0133 00 DAP SUBMITTALS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 013300-1 DAP SUBMITTALS Page 1 of 8 General methods and requirements of submissions applicable to the following Work -related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August 30, 2013 013300-2 DAP SUBMITTALS Page 2 of 8 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) `By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 '/2 inches x 11 inches to 8 '/2 inches x 11 inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August 30, 2013 013300-3 DAP SUBMITTALS Page 3 of 8 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom -prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City's Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City's Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing -in diagrams and templates 5) Catalog cuts 6) Product photographs CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August 30, 2013 013300-4 DAP SUBMITTALS Page 4 of 8 7) Standard wiring diagrams 8) Printed performance curves and operational -range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare -parts listing and printed product warranties 12) As applicable to the Work H. Samples As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on -site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August 30, 2013 013300-5 DAP SUBMITTALS Page 5 of 8 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN' is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August 30, 2013 013300-6 DAP SUBMITTALS Page 6 of 8 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non -conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August 30, 2013 013300-7 DAP SUBMITTALS Page 7 of 8 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August 30, 2013 013300-8 DAP SUBMITTALS Page 8 of 8 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] D 31111=1x4011130 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August 30, 2013 0135 13- 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 1 SECTION 013513 2 SPECIAL PROJECT PROCEDURES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives, Drop Weight, Etc. 12 £ Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. None. 20 C. Related Specification Sections include, but are not necessarily limited to: 21 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division 1 — General Requirements 23 3. Section 33 12 25 — Connection to Existing Water Mains 24 25 1.2 REFERENCES 26 A. Reference Standards 27 1. Reference standards cited in this Specification refer to the current reference 28 standard published at the time of the latest revision date logged at the end of this 29 Specification, unless a date is specifically cited. 30 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 31 High Voltage Overhead Lines. 32 3. North Central Texas Council of Governments (NCTCOG) — Clean Construction 33 Specification 34 1.3 ADMINISTRATIVE REQUIREMENTS 35 A. Coordination with the Texas Department of Transportation 36 1. When work in the right-of-way which is under the jurisdiction of the Texas 37 Department of Transportation (TxDOT): 38 a. Notify the Texas Department of Transportation prior to commencing any work 39 therein in accordance with the provisions of the permit CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August, 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 013513-2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 b. All work performed in the TxDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Work near High Voltage Lines 1. Regulatory Requirements a. All Work near High Voltage Lines (more than 600 volts measured between conductors or between a conductor and the ground) shall be in accordance with Health and Safety Code, Title 9, Subtitle A, Chapter 752. 2. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 3. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage -type of guard about the boom or arm b. Insulator links on the lift hook connections for back hoes or dippers c. Equipment must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 4. Work within 6 feet of high voltage electric lines a. Notification shall be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de -energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. 2. Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA's Permit Required for Confined Spaces D. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section 013 1 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 Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August, 30, 2013 013513-3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 1 2. Coordinate any event that will require connecting to or the operation of an existing 2 City water line system with the City's representative. 3 a. Coordination shall be in accordance with Section 33 12 25. 4 b. If needed, obtain a hydrant water meter from the Water Department for use 5 during the life of named project. 6 c. In the event that a water valve on an existing live system be turned off and on 7 to accommodate the construction of the project is required, coordinate this 8 activity through the appropriate City representative. 9 1) Do not operate water line valves of existing water system. 10 a) Failure to comply will render the Contractor in violation of Texas Penal 11 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 12 will be prosecuted to the full extent of the law. 13 b) In addition, the Contractor will assume all liabilities and 14 responsibilities as a result of these actions. 15 F. Public Notification Prior to Beginning Construction 16 1. Prior to beginning construction on any block in the project, on a block by block 17 basis, prepare and deliver a notice or flyer of the pending construction to the front 18 door of each residence or business that will be impacted by construction. The notice 19 shall be prepared as follows: 20 a. Post notice or flyer 7 days prior to beginning any construction activity on each 21 block in the project area. 22 1) Prepare flyer on the Contractor's letterhead and include the following 23 information: 24 a) Name of Project 25 b) City Project No (CPN) 26 c) Scope of Project (i.e. type of construction activity) 27 d) Actual construction duration within the block 28 e) Name of the contractor's foreman and phone number 29 f) Name of the City's inspector and phone number 30 g) City's after-hours phone number 31 2) A sample of the `pre -construction notification' flyer is attached as Exhibit 32 A. 33 3) Submit schedule showing the construction start and finish time for each 34 block of the project to the inspector. 35 4) Deliver flyer to the City Inspector for review prior to distribution. 36 b. No construction will be allowed to begin on any block until the flyer is 37 delivered to all residents of the block. 38 G. Public Notification of Temporary Water Service Interruption during Construction 39 1. In the event it becomes necessary to temporarily shut down water service to 40 residents or businesses during construction, prepare and deliver a notice or flyer of 41 the pending interruption to the front door of each affected resident. 42 2. Prepared notice as follows: 43 a. The notification or flyer shall be posted 24 hours prior to the temporary 44 interruption. 45 b. Prepare flyer on the contractor's letterhead and include the following 46 information: 47 1) Name of the project 48 2) City Project Number CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 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 013513-4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor's foreman and phone number 6) Name of the City's inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. f. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. H. Coordination with United States Army Corps of Engineers (USACE) 1. At locations in the Project where construction activities occur in areas where USACE permits are required, meet all requirements set forth in each designated permit. I. Coordination within Railroad Permit Areas 1. At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates £ Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. 2. Obtain any supplemental information needed to comply with the railroad's requirements. J. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b. If wet saw cutting is performed, capture and properly dispose of slurry. K. Employee Parking 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August, 30, 2013 013513-5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 1 1.4 SUBMITTALS [NOT USED] 2 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.6 CLOSEOUT SUBMITTALS [NOT USED] 4 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.8 QUALITY ASSURANCE [NOT USED] 6 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.10 FIELD [SITE] CONDITIONS [NOT USED] 8 1.11 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 12 DATE NAME 8/31/2012 D.Johnson 13 END OF SECTION Revision Log SUMMARY OF CHANGE 1.3.13— Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 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 0135 13 -6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CPN 105520 Revised August, 30, 2013 1 2 3 4 013513-7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 EXHIBIT B FORT WORTH Date: DOE NO. XXXX Project Name: NOTICE OF TEMPORARY WATER SERVICE INITERRUPTIONI 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 Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised August, 30, 2013 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 SECTION 0145 23 TESTING AND INSPECTION SERVICES PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City's document management system, or another form of distribution approved by the City. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised March 20, 2020 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. Provide City's Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 03/20/2020 D.V. Magana Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City's document management system. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised March 20, 2020 015000-1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 SECTION 0150 00 TEMPORARY FACILITIES AND CONTROLS PART1- GENERAL 1.1 SUMMARY A. Section Includes: Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City's Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised JULY 1, 2011 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City's established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off -site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing Provide and maintain for the duration or construction when required in contract documents E. Dust Control CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised JULY 1, 2011 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on -call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE -INSTALLATION 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised JULY 1, 2011 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised JULY 1, 2011 015526-1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 SECTION 0155 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 34 71 13 — Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised July 1, 2011 015526-2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1) Allow a minimum of 5 working days for permit review. 2) Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City's Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised July 1, 2011 015526-3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised July 1, 2011 015713-1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 SECTION 0157 13 STORM WATER POLLUTION PREVENTION PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 3125 00 — Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 3125 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised July 1, 2011 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 3125 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP Submit in accordance with Section 0133 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised July 1, 2011 0157 13 -3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 0133 00. 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised July 1, 2011 SECTION 0160 00 PRODUCT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A list of City approved products for use is available through the City's website at: httDs://apps.fortworthtexas.2ov/ProiectResources/ and following the directory path: 02 - Construction Documents\Standard Products List A. Only products specifically included on City's Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. B. Any specific product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City's Standard Product List. C. Although a specific product is included on City's Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer's standard product. D. See Section 0133 00 for submittal requirements of Product Data included on City's Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised March 20, 2020 01 60 00 DAP PRODUCT REQUIREMENTS Page 2 of 2 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 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 03/20/2020 D.V. Magafia Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City's website. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised March 20, 2020 016600-1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 SECTION 0166 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer's recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer's recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City's Project Representative. 5. Provide off -site storage and protection when on -site storage is not adequate. a. Provide addresses of and access to off -site storage locations for inspection by City's Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers' unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City's Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City's Project Representative. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 016600-3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non -Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 017000-1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 SECTION 0170 00 MOBILIZATION AND REMOBILIZATION PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor's operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements IRM971011 .307Z%140IDleh89,11101111114`1V A. Measurement and Payment 1. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Specified Remobilization" in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Work Order Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement' will be paid for at the unit price per each "Work Order Emergency Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] DATE NAME 4/7/2014 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP application Page 4 of 4 CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 017123-1 DAP CONSTRUCTION STAKING AND SURVEY Page 1 of 4 SECTION 01 71 23 CONSTRUCTION STAKING AND SURVEY PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Requirements for construction staking and construction survey B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Staking a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Construction Survey a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Submittals, if required, shall be in accordance with Section 0133 00. B. All submittals shall be approved by the City prior to delivery. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS A. Certificates 1. Provide certificate certifying that elevations and locations of improvements are in conformance or non-conformance with requirements of the Contract Documents. a. Certificate must be sealed by a registered professional land surveyor in the State of Texas. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 01 71 23 - 2 DAP CONSTRUCTION STAKING AND SURVEY Page 2 of 4 B. Field Quality Control Submittals 1. Documentation verifying accuracy of field engineering work. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Construction Staking 1. Construction staking will be performed by the City. 2. Coordination a. Contact City's Project Representative at least 2 weeks in advance for scheduling of Construction Staking. b. It is the Contractor's responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stakes furnished by City. b. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed or disturbed, by Contractor's neglect, such that the contracted Work cannot take place, then the Contractor will be required to pay the City for new staking with a 25 percent markup. The cost for staking will be deducted from the payment due to the Contractor for the Project. B. Construction Survey 1. Construction Survey will be performed by the City. 2. Coordination a. Contractor to verify that control data established in the design survey remains intact. b. Coordinate with the City prior to field investigation to determine which horizontal and vertical control data will be required for construction survey. c. It is the Contractor's responsibility to coordinate Construction Survey such that construction activities are not delayed or negatively impacted. d. Notify City if any control data needs to be restored or replaced due to damage caused during construction operations. 1) City shall perform replacements and/or restorations. General a. Construction survey will be performed in order to maintain complete and accurate logs of control and survey work as it progresses for Project Records. b. The Contractor will need to ensure coordination is maintained with the City to perform construction survey to obtain construction features, including but not limited to the following: 1) All Utility Lines a) Rim and flowline elevations and coordinates for each manhole or junction structure 2) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Every 250 linear feet CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 01 71 23 - 3 DAP CONSTRUCTION STAKING AND SURVEY Page 3 of 4 (2) Horizontal and vertical points of inflection, curvature, etc. (All Fittings) (3) Cathodic protection test stations (4) Sampling stations (5) Meter boxes/vaults (All sizes) (6) Fire lines (7) Fire hydrants (8) Gate valves (9) Plugs, stubouts, dead-end lines (10) Air Release valves (Manhole rim and vent pipe) (11) Blow off valves (Manhole rim and valve lid) (12) Pressure plane valves (13) Cleaning wyes (14) Casing pipe (each end) b) Storm Sewer (1) Top of pipe elevations and coordinates at the following locations: (a) Every 250 linear feet (b) Horizontal and vertical points of inflection, curvature, etc. c) Sanitary Sewer (1) Top of pipe elevations and coordinates for sanitary sewer lines at the following locations: (a) Every 250 linear feet (b) Horizontal and vertical points of inflection, curvature, etc. (c) Cleanouts c. Construction survey will be performed in order to maintain complete and accurate logs of control and survey work associated with meeting or exceeding the line and grade required by these Specifications. d. The Contractor will need to ensure coordination is maintained with the City to perform construction survey and to verify control data, including but not limited to the following: 1) Established benchmarks and control points provided for the Contractor's use are accurate 2) Benchmarks were used to furnish and maintain all reference lines and grades for tunneling 3) Lines and grades were used to establish the location of the pipe 4) Submit to the City copies of field notes used to establish all lines and grades and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City to verify the guidance system and the line and grade of the carrier pipe on a daily basis. 6) The Contractor remains fully responsible for the accuracy of the work and the correction of it, as required. 7) Monitor line and grade continuously during construction. 8) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to City. 9) If the installation does not meet the specified tolerances, immediately notify the City and correct the installation in accordance with the Contract Documents. 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 01 71 23 - 4 DAP CONSTRUCTION STAKING AND SURVEY Page 4 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. It is the Contractor's responsibility to maintain all stakes and control data placed by the City in accordance with this Specification. B. Do not change or relocate stakes or control data without approval from the City. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 SECTION 0174 23 CLEANING PART1- GENERAL 1.1 SUMMARY 017423-1 DAP CLEANING Page 1 of 4 A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 01 74 23 - 2 DAP CLEANING Page 2 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART2- PRODUCTS 2.1 OWNER -FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 01 74 23 - 3 DAP CLEANING Page 3 of 4 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on -site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re -seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 DATE NAME 4/7/2014 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP application 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 SECTION 0177 19 CLOSEOUT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY 017719-1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 017719-2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 0178 39 2. Operation and Maintenance Data, if required, in accordance with Section 0178 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 017719-3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) £ Contractor's Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] DATE NAME 4/7/2014 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP application CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 017823-1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 SECTION 0178 23 OPERATION AND MAINTENANCE DATA PART1- 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 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. 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 0133 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 1/2 inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA 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. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 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 Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA 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 3. 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 Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] DATE NAME 8/31/2012 D. Johnson 4/7/2014 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE 1.5.A.1 — title of section removed Revised for DAP Application CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 017839-1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 SECTION 0178 39 PROJECT RECORD DOCUMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City's Project Representative. 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART2- PRODUCTS 2.1 OWNER -FURNISHED [OR] OWNER -SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 017839-3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] DATE NAME 4/7/2014 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP Application CITY OF FORT WORTH Target- Chisholm Trail STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105520 Revised April 7, 2014 CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 9-3-24 IApprovall Spec No. IClasssification Manufacturer Model No. National Spec Size Water & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16) 07/23/97 33 05 13 Urethane Hydrophilic Waterstop Asahi Kogyo K.K. Adeka Ultra -Seal P-201 ASTM 132240/13412/13792 04/26/00 33 05 13 Offset Joint for 4' Diam. MH Hanson Concrete Products Drawing No. 35-0048-001 04/26/00 33 05 13 Profile Gasket for 4' Diam. MH. Press -Seal Gasket Corp. 250-4G Gasket ASTM C-443/C-361 SS MH 1126199 33 05 13 HOPE Manhole Adjustment Rings Ladtech, Inc HDPE Adjustment Ring Traffic and Non -traffic area 5/13105 33 05 13 Manhole External Wrap Canusa - CPS WrapidSeal Manhole Encapsulation System Water & Sewer - Manholes & Bases/Fiberglass 33-39-13 (1/8/13) 1/26/99 33 39 13 Fiberglass Manhole Fluid Containment, Inc. Flowthe ASTM 3753 Non -traffic area 08/30/06 33 39 13 Fiberglass Manhole L.F. Manufacturing Non -traffic area Water &Sewer - Manholes & Bases/Frames & Covers/Rectangular 33-05-13 (Rev 2/3/16) * 33 05 13 IManhole Frames and Covers I Westem Iron Works, Bass & Hays Foundry 1001 24"x40" WD Water & Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 2/3/16) " 3305 13 Manhole Frames and Covers Westem Iron Works, Bass & Hays Foundry 30024 24" Dia. * 3305 13 Manhole Frames and Covers McKinley It. Works Inc. A 24 AM 24" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry R-1272 ASTM A48 & AASHTO M306 24" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry NF 1274 ASTM A48 & AASHTO M306 30" Dia. 33 05 13 Manhole Frames and Covers Sigma Corporation MH-144N 33 05 13 Manhole Frames and Covers Sigma Corporation MH-143N 33 05 13 Manhole Frames and Covers Pont-A-Mousson GTS-STD 24" dia. 33 05 13 Manhole Frames and Covers Neenah Casting 24" dia. 10/31/06 33 05 13 Manhole Frames and Covers (Hinged) Powerseal Hinged Ductile Iron Manhole ASTM A536 24" Dia. 7/25/03 3305 13 Manhole Frames and Covers Saint-Gobain Pipelines (Pamrex/rexus) RE32-R8FS 30" Dia. 01/31/06 3305 13 30" Dia. MH Ring and Cover East Jordan Iron Works V1432-2 and V1483 Designs AASFITO M306-04 30" Dia. 11/02/10 3305 13 30" Dia. MH Ring and Cover Sigma Corporation MH1651FWN & MH16502 30" Dia 07/19/1 t 3305 13 30" Dia. MH Ring and Cover Star Pipe Products NIH32FTWSS-DC 30" Dia 08/10/11 3305 13 30" Dia. MH Ring and Cover Accucast 220700 Heavy Duty with Gasket Ring 30" Dia 30" ERGO XL Assembly 10/14/13 3305 13 30" Dia. MH Ring and Cover (Hinged & Lockable) East Jordan Iron Works with Cam Lock/MPIC/T-Gasket ASSHTO MI 05 & ASTM A536 30" Dia 06/01/17 3405 13 30" Dia. MH Ring and Cover (Lockable) CI SIP Industries 2280 (32") ASTM A 48 30" Dia. 12/05/23 3405 13 30" Dia. MH Ring and Cover (Hinged & Lockable) CI SIP Industries 4267WT - Hinged (32") ASTM A 48 30" Dia. CAP-ONE-30-FTW, Composite, w/ Lock .111111 33 OS 13 30" Dia. MH Ring and Cover Composite Access Products, L.P. w/o Hing 30" Dia. 10/07/21 3405 13 30" Dia. MH Ring and Cover Trumbull Manufacturing 32"(30") Frame and Cover 30" Dia. Water & Sewer - Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight 33-05-13 (Rev 2/3/16) * 3305 13 Manhole Frames and Covers Pont-A-Mousson Pamoight 24" Dia. * 3305 13 Manhole Frames and Covers Neenah Casting 24" Dia. * 3305 13 Manhole Frames and Covers Western Iron Works,Bass & Hays Foundry 300-24P 24" Dia. * 3305 13 Manhole Frames and Covers McKinley Iron Works Inc. WPA24AM 24" Dia. 03/08/00 3305 13 Manhole Frames and Covers Accucast RC-2100 ASTM A 48 24" Dia. 04/20/01 3305 13 Manhole Frames and Covers (SIP)Serampore Industries Private Ltd. 300-24-23.75 Ring and Cover ASTM A 48 24" Dia. Water & Sewer - Manholes & Bases/Precast Concrete ( tev 1/8/13) * 33 39 10 Manhole, Precast Concrete Hydro Condurt Corp SPL Item #49 ASTM C 478 41" * 33 39 10 Manhole, Precast Concrete Wall Concrete Pipe Co. Inc. ASTM C-443 48" 09/23/96 33 39 10 Manhole, Precast Concrete Concrete Product Inc. 48" I.D. Manhole w/ 32" Cone ASTM C 478 48" w/32" cone 12/05/23 33 39 10 Manhole, Precast Concrete The Turner Company 72" I.D. Manhole w/ 32" Cone ASTM C 478 72" 05/08/18 33 39 10 Manhole, Precast Concrete The Turner Company 48", 60" I.D. Manhole w/ 32" Cone ASTM C 478 48", 60" Manhole, Opening an at top, 09/0324 33 39 10 Manhole, Precast Concrete Oldcastle Precast Inc. Transition Cones ASTM C 478 48" to 84" LD. 06/09/10 33 39 10 Manhole, Precast (Reinforced Polymer)Concrete US Composite Pipe Reinforced Polymer Concrete ASTM C-76 48" to 72" 1 09/06/19 33 3920 Manhole, Precast Concrete Forterra Pipe and Precast 60" & 72" I.D. Manhole w/32" Cone ASTM C-76 60" & 72" 10/07/21 32 39 20 Manhole, Precast Concrete Fortcrra Pipe and Precast 48" I.D. Manhole w/32" Cone ASTM C-77 48" 10/07/21 33 3920 Manhole, Precast Reinforced Polymer) Concrete Armorock 48" & 60" I.D. Manhole w/32" Cone 48" & 60" 10/07/21 33 3920 Manhole, Precast (Hybrid) Polymer & PVC Geneva Pie and Precast Predl Systems) 48" & 60" I.D. Manhole w/32" Cone 48" & 60" Non Traffic Areas ASTM C-478; ASTM C-923; 03/07/23 33 39 20 Manhole, Precast Concrete AmeriTex Pipe and Products, LLC 48" & 61" I.D. Manhole w/32" Cone ASTM C-443 03/07/23 33 39 20 Manhole, Precast (Reinforced Polymer) Concrete P3 Polymers, RockHardsep 48" & 60" I.D. Manhole w/32" Cone 04/28/07 Manhole, Precast (Reinforced Polymer) Concrete Amitech USA Meyer Polycrete Pipe Sewer -(WAC) Wastewater Access Chamber 33 39 40 12/29/23 33 39 20 I Wastewater Access Chamber I Onicksoream Solutions, Inc. Water & Sewer - Manholes & Bases/Rehab Svstems/Cementitious * E1-14 Manhole Rehab Systems Ouadex 04/23/01 E1-14 Manhole Rehab Systems Standard Cement Materials, Inc. E1-14 Manhole Rehab Systems AP/M Pe —mom 4/20/01 E1-14 Manhole Rehab System Strong Company 5/12/03 E1-14 Manhole Rehab System (Liner) Triplex Lining System 08/30/06 General Concrete Repair FlexKrete Technologies Type 8 Maintenace Shaft (P000it) Relmer MSP Strong Seal MS2A Rehab System MH repair product to stop infiltration ASTM D5813 Vinyl Polyester Reparr Product For use when Sod. MH cannot be installed due to depth Misc. Use * From Original Standard Products List 1 FORT WORTH® CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 9-3-24 (Approval Spec No. IClasssification I Manufacturer Model No. National Spec Size Water & Sewer - Manholes & Bases/Rehab Svstems/NonCementitious 05/20/96 E1-14 Manhole Rehab Systems Sprayrou, Spray Wall Polyurethane Coating ASTM D639/D790 12/14/01 Coating for Corrosion protection(Exterior) ERTECH Series 20230 and 2100 (Asphatic Emulsion) Structures Only 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1BB, Sl, S2 Acid Resistance Test Sewer Applications 8/28/2006 I Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications 33 OS 16, 33 39 10, RR&C Dampproofing Non-Fibered Spray For Exterior Coating of Concrete 03/19/18 33 39 20 Coating for Corrosion protection(Exterior) Sherwin Williams Grade (Asphatic Emulsion) Structures Only Water & Sewer - Manhole Inserts - Field Onerations Use Only (Rev 2/3/16) * 33 05 13 Manhole Insert Knutson Enterprises Made to Order - Plastic ASTM D 1248 For 24" dia. * 3305 13 Manhole Insert South Western Packaging Made to Order - Plastic ASTM D 1248 For 24" dia. * 33 05 13 Manhole Insert Nofiow-Inflow Made to Order - Plastic ASTM D 1248 For 24" dia. 09/23/96 3305 13 Manhole Insert Southwestem Packing & Seals, Inc. Lifesaver - Stainless Steel For 24" dia. 09/23/96 3305 13 Manhole Insert Southwestern Packing & Seals, Inc. TetherLok - Stainless Steel For 24" dia Water & Sewer - Pine Casine Spacers 33-05-24 (07/01/13) 11/04/02 Steel Band Casing Spacers Advanced Products and Systems, Inc. Carbon Steel Spacers, Model SI 02/02/93 Stainless Steel Casing Spacer Advanced Products and Systems, Inc. Stainless Steel Spacer, Model SSI 04/22/87 Casing Spacers Cascade Waterworks Manufacturing Casing Spacers 09/14/10 Stainless Steel Casing Spacer Pipeline Seal and Insulator Stainless Steel Casing Spacer Up to 48" 09/14/10 Coated Steel Casin Spacers Pipeline Seal and Insulator Coated Steel Casing Spacers Up to 48" 05/10/11 Stainless Steel Casing Spacer Powerseal 4810 Powerchock Up to 48" 03/19/18 Casing Spacers BWM SS-12 Casing Spacer(Stainless Steel) FB-12 Casing Spacer (Coated Carbon Steel) 03/19/18 Casing Spacers BWM for Non_rressure Pipe and Grouted Casing 03/29/22 33 05 13 Casing Spacers CCI Pipeline Systems CSC12, CSS12 Per Manuf Manufacturers Requirements (Sewer 09/03/24 33 OS 13 Casing Spacers Raci (Completely HDPE) 8" - 12" (Sewer Only) Water & Sewer - Pines/Ductile Iron 33-11-10(1/8/13) * 33 11 10 Ductile Iron Pipe Griffin Pipe Products, Co. Super Bell-Tite Ductile Iron Pressure Pipe, AW WA C150, C151 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Futile Pipe (Bell Spigot) AW WA C150, C151 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Flex Ring (Restrained Joint) AW WA C150, C151 * 33 11 10 Ductile Iron Pipe U.S. Pipe and Foundry Co. AW WA C150, C151 * 33 11 10 Ductile Iron Pipe McWane Cast Iron Pipe Co. AW WA C150, C151 Water & Sewer - Utility Line Marker (08/24/2018) Sewer - Coating [s/EDo%v 33-39-60 (01/08/13) 02/25/02 Eooxy Lining System Sauereisen, Inc SewerGard 21 ORS LA County 9210-1.33 12/14/01 Eooxy Lining System Ertech Technical Coatings Ertech 2030 and 2100 Series 04/14/05 Interim Ductile Iron Pipe Coating Induron Protecto 401 ASTM B-117 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, SIBB, Sl, S2 Acid Resistance Test 8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer - Coatinas/Polvurethane 3" thin 24" 4" thin 30" 4" thin 30" Ductile Iron Pipe Only Sewer Applications Sewer Applications Sewer - Combination Air Valves 05/25/18 33-31-70 1 Air Release Valve A.R.I. USA, Inc. D025LTP02(Composite Body) 2" Sewer - Pioes/Concrete * E1-04 Conc. Pipe, Reinforced Wall Concrete Pipe Co. Inc. ASTM C 76 * E1-04 Conc. Pipe, Reinforced Hydro Conduit Corporation Class III T&G, SPL Item #77 ASTM C 76 * E1-04 Conc. Pipe, Reinforced Hanson Concrete Products -hele, #98 Pipe ASTM C 76 * EI-04 Conc. Pipe, Reinforced Concrete Pipe & Products Co. hic. ASTM C 76 Sewer - Pine Enlar¢ment Svstem (Method)33-31-23 (01/18/13) PIM System PIM Corporation Polyethylene PIM Corp., Piscam Way, N.J. Approved Previously McConnell Systems McLat Construction Polyethylene Houston, Texas Approved Previously TRS Systems Trenchless Replacement System Polyethylene Calgary, Canada Approved Previously Sewer - PiDe/Fiber0ass Reinforced/ 33-31-13(1/8/13) 7/21/97 3331 13 Cent. Cast Fiberglass (FRP) Hobas Pipe USA, Inc. Hobas Pipe (Non -Pressure) ASTM D3262/1)3754 03/22/10 3331 13 Fiberglass Pipe (FRP) Ameron Bondstrand RPMP Pipe ASTM D3262/D3754 04/09/21 3331 13 Glass -Fiber Reinforced Polvmer Pipe (FRP) Thompson Pipe Group Thompson Pipe (Flowtite) ASTM D3262/D3754 ASTM D3262, ASTM D3681, 03/07/23 3331 13 Fiberglass Pipe (FRP) Future Pipe Industries Fili—trong FRP ASTM D4161, AW WA M45 ASTM D3262, ASTM D3517, 09/03/24 3331 13 Fiberglass Pipe (FREI Superlit Bern,Sanayi A.S. Superlit FRP ASTM 3754, AW WA C950 * From Original Standard Products List 2 CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 9-3-24 IApprovall Spec No. [Classsification I Manufacturer I Model No. I National Spec I Size Sewer - Piue/Polvmer Pioe 4/14/05 Polymer Modutied Concrete Pro, —'to- USA Meyer Polycrete Pipe ASTM C33, A276, -11 8" to I Q'l Class V 06/09/10 El-9 Reinforced Polymer Concrete Pipe US Composite Pioe Reinforced Polymer Concrete Pioe ASTM C-76 Sewer - Piues/HDPE 33-31-23(1/8/13), * High -density polyethylene pipe Phillips Dnscopipe, Inc. Ooticme Ductile Polyethylene Pipe ASTM D 1248 8" * H:gh-densny polyethylene pipe Plesco Inc. ASTM D 1248 8" * High -density polyethylene pipe Polly Pipe, Inc. ASTMD 1248 8" High -density polyethylene pipe CSR Hydro Condud/Pioelme Systems McConnell Pipe Enlargement ASTM D 1248 Sewer - P1Des/PVC (Pressure Sewer) 33-11-12 (4/1/131 12/02/11 33-11-1� DR -Id PVC Pressure Pipe P,pelife Jctstream PVC Pressure Pipe AW WA C900 4" thru 12" 10/22/14 33-11-12 DR-14 PVC Pressure Pipe Royal Budding Products Royal Seal PVC Pressure Pipe AW WA C900 4" thru 12" Sewer - Piues/PVC* 33-31-20 (7/1/13), * 33-31-20 PVC Sewer Pioe 1-M Manufacturing Co., Inc. (JM Eagle) SDR-26 (PSI 15) ASTM D 3034 4" - 15" 12/23/97* 33-31-20 PVC Sewer Pipe Diamond Plastics Corporation SDR-26 (PSI 15) ASTM D 3034 4" thru 15" * 33-31-20 PVC Sewer Pipe Lamson Won Pipe SDR-26 (PSI 15) ASTM D 3034 4" thru 15" 12/05/23 33-31-20 PVC Sewer Pipe Vinyltech PVC Pipe SDR-26 (PSI 15) ASTM D3034 4" thru 15" 12/05/23 33-31-20 PVC Sewer Pipe Vinyltech PVC Pipe Gravity Sewer PS 115 ASTM F 679 18" * 33-31-20 PVC Sewer P' 1-M Manufacturin\v�Co, Ina (1M Eagle) PS 115 ASTM F 679 18" - 28" 05/06/05 33-31-20 PVC Solid Wall Pipe Diamond Plastics Corporation PS 115 ASTM F-679 18" to 48" 04/27/06 33-31-20 PVC Sewer Fittings Harco SDR-26 (PS 115) Gasket Finings ASTM D-3034, D-1784, etc 4" - 11" * 33-31-20 PVC Sewer Fittings Plastic Trends, Inc.(Westlake) Gasketed PVC Sewer Main Finings ASTM D 3034 1 3/19/2018 33 3120 PVC Sewer Pipe Pioelife Jet Stream SDR 26 (PS 115) ASTM F679 18"- 24" 1 3/19/2018 33 3120 PVC Sewer PTe Pioelife Jet Stream SDR 26 ASTM D3034 4"- 15" 1 3/29/2019 33 3120 Gasketed Fittings (PVC) GPK Products, Inc. SDR 26 ASTM D3034 4"- 15" 1 10/21/2020 33 3120 PVC Sewer Pipe NAPCO(Westlake) SDR 26 ASTM D3034 4" - 15" 1 10/22/2020 33 3120 PVC Sewer Pipe Sanderson Pipe Corp. SDR 26 ASTM D3034 4"- 15" 1 10/21/2020 1 333120 PVC Sewer Pipe NAPCO(Westlake) SDR 26 PS 115 ASTM F-679 18"-36" * From Original Standard Products List FORT WORTH® CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 9-3-24 08/28/02 Double Strap Saddle Smith Blau 4317 Nylon Coated Double Strap Saddle 07/23/12 33-12-10 Double Strap Service Saddle Mueller Company DR2S Double (SS) Strap DI Saddle AWWA C800 1"-2" SVC, up to 24" Pipe 03/07/23 33-12-10 Double Strap Service Saddle Powerseal 3450AS, Incl. Corp. Stop, Dbl Strap, Stainless NSF ANSI 372 1"-2" SVC, up to 24" Pipe 10/27/87 Curb Stops -Ball Meter Valves McDonald 6100M,6100MT & 61 OMT 3/4" and 1" 1.1.7 Curb Stops -Ball Meter Valves McDonald 4603B, 4604B, 6100M, 610OTM and 6101M W? and 2" FB600-7NL, FB1600-7-NL, FV23-777-W-NL, 5/25/2.1. 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., hic. L22-77NL AWWA C800 2" FB600-6-NL, FB1600-6-NL, FV23-666-W- 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. NL, L22-66NL AWWA C800 1-1/2" FB600-4-NL, FB1600-4-NL, B11-444-WR- 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., hic. NL, B22444-WR-NL, L28-44NL AWWA C800 I, B-25000N, B-24277N-3, B-20200N-3, H- AWWA C800, ANSF 61, 5/25/2.1. 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, , H-1552N, H142276N ANSI/NSF 372 _ B-25000N, B-20200N-3, B-24277N-3,H- AWWA C800, ANSE 61, 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, H-14276N, H-15525N ANSI/NSF 372 1-1/2 B-25000N, B-20200N-3,H-15000N, H- AWWA C800, ANSF 61, 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15530N ANSI/NSF 372 1" 01/26/00 Coated Tapping Saddle with Double SS Straps JCM Industries, Inc. #406 Double Band SS Saddle 1"-2" Taps on up to 12" 0/5121/12 33-12-25 Tapping Sleeve (Coated Steep JCM Industries, Inc. 412 Tapping Sleeve ESS AWWA C-223 Up to 30" w/12" Out 03/29/22 33-12-25 Tapping Sleeve (Coated or Stainless Steep JCM Industries, hic. 415 Tapping Sleeve AWWA C-223 Concrete Pipe Only 05/10/11 Tapping Sleeve (Stainless Steep Powerseal 3490AS (Flange) & 3490MJ 4"-8" and 16" 02/29/12 33-12-25 Tapping Sleeve (Coated Steel) Romac FTS 420 AWWA C-223 U p to 42" w/24" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steep Ram. SST Stainless Steel AWWA C-223 Up to 24" w/12" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steep Romac SST III Stainless Steel AWWA C-223 Up to 30" w/12" Out 05/10/11 Joint Repair Clamp Powerseal 3232 Bell Joint Repair Clamp 4" to 30" Plastic Meter Box w/Composite Lid DEW Plastics Inc. DFW37C-12-1 EPAF FTW Plastic Meter Box w/Composite Lid DEW Plastics Inc. DFW39C-12-1 EPAF FTW 08/30/06 Plastic Meter Box w/Composite Lid DEW Plastics Inc. DFW65C-14-IEPAF FFW Class "A" Concrete Meter Box Bass & Hays CMB37-B12 1118 LID-9 Concrete Meter Box Bass & Hays CMB-18-Dual 1416 LID-9 Concrete Meter Box Bass & Hays CMB65-B65 1527 LID-9 Water - Bolts. Nuts. and Gaskets 33-11-05 (01/08/13) None Water - Combination Air Release 33-31-70 (01/08/13) * E I-11 Combination Air Release Valve GA Industries, Inc. Empire Air and Vacuum Valve, Model 935 ASTM A 126 Class B, ASTM A 1" & 2" * E1-11 Combination Air Release Valve Multiplex Manufacturing Co. Crispin Air and Vacuum Valves, Model No. 1/2" 1" & 2" * E1-11 Combination Air Release Valve Valve and Primer Corp. APCO #143C, #145C and #147C 1", 2" & 3" Water - Dry Barrel Fire Hvdrants 33-1240 (01/15/14) 10/01/87 E-1-12 Dry Barrel Fire Hydrant American -Darling Valve Drawing Nos. 90-18608, 94-18560 AWWA C-502 03/31/88 E-1-12 Dry Barrel Fire Hydrant American Darling Valve Shop Drawing No. 94-18791 AWWA C-502 09/30/87 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Shop Drawing No. D-19895 AWWA C-502 01/12/93 E-1-12 Dry Barrel Fire Hydrant American AVK Company Model 2700 AWWA C-502 08/24/88 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Drawings D20435, D20436, B20506 AWWA C-502 E-1-12 Dry Barrel Fire Hydrant ITT Kennedy Valve Shop Drawing No. D-80783FW AWWA C-502 -9/24/87 E-1-12 Dry Barrel Fire Hydrant M&H Valve Company Shop Drawing No. 13476 AWWA C-502 Shop Drawings No. 6461 10/14/87 E-1-12 Dry Barrel Fire Hydrant Mueller Company ntur A423 Ceion AW WA C-502 Shop Drawing FH-12 01/15/88 E1-12 Dry Barrel Fire Hydrant Mueller Company A-423 Super Centurion 200 AWWA C-502 10/09/87 E-1-12 Dry Barrel Fire Hydrant U.S. Pipe & Foundry Shop Drawing No. 960250 AWWA C-502 09/16/87 E-1-12 Dry Barrel Fire Hydrant American Flow Control (AFC) Water- Pacer WB67 AWWA C-502 08/12/16 33-12-40 Dry Barrel Fire Hydrant EJ (East Jordan Iron Works) WaterMaster 5CD250 Water - Meters 02/05/93 E101-5 Detector Check Meter Ames Company Model 1000 Detector Check Valve AWWA C550 4" - 10" 08/05/04 Magnetic Drive Vertical Turbine Hersey Magnetic Drive Vertical AWWA C701, Class 1 3/4" - 6" * From Original Standard Products List 4 CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 9-3-24 IApprovall Spec No. IClasssification Manufacturer Model No. National Spec Size Water - Piues/PVC (Pressure Water) 33-31-70 (01/08/13) AWWA C900, AWWA C605, 1.113 33-11-12 PVC Pressure Pipe Vinylo ch PVC Pipe DR14 ASTM D1784 4"-16" AWWA C900, AWWA C605, 12/05/23 33-I1-12 PVC Pressure Pie Vin (tech PVC Pie DR18 ASTM D1784 16"-18" AWWA C900, AWWA C605, 09/03/24 33-I1-12 PVC Pressure Pie Northern Pie Products DR14 ASTM D17M 4"-16" AW WA C900, AW WA C605, 09/03/24 33-1142 PVC Pressure Pipe Northern Pipe Products DR18 ASTM D1784 16"-18" 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR14 AWWA C900 4"-12" 1 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR18 AWWA C900 16"-24" 1 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 14 AWWA C900 4"-12" 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 18 AWWA C900 16"-24" AWWA C900-16 UL 1285 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 14 ANSI/NSF 61 4"-28" FM 1612 AWWA C900-16 UL 1285 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 18 ANSI/NSF 61 16"-24" FM 1612 9/6/2019 33 11 12 PVC Pressure Pipe Underground Solutions Inc. DR14 Fusible PVC AWWA C900 4" - 8" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO(Westlake) DR18 AWWA C900 16"-24" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO(Westlake) DR14 AWWA C900 4"- 12" 9/6/2019 33 11 12 PVC Pressure Pipe Sanderson Pipe Corp. DR14 AWWA C900 4"- 12" Water - PinesNalves & Fittinas/Ductile Iron Fittings 33-11-11 (01/08/13) 07/23/92 EI-07 Ductile Iron Fittings Star Pipe Products, Inc. Mechanical Joint Fittings AW WA C153 & Cl to * E1-07 Ductile Iron Fittings Griffin Pipe Products, Co. Mechanical Joint Fittings AWWA C 110 * E1-07 Ductile Iron Fittings McWane/Tyler Pipe/ Union Utilities Division Mechanical Joint Fittings, SSB Class 350 AW WA C 153, C 110, C III 08/11/98 EI-07 Ductile Iron Fittings Sigma, Co. Mechanical Joint Fittings, SSB Class 351 AWWA C 153, C 110, C 112 02/26/14 EI-07 MJ Fittings Accucast Class 350 C-153 MJ Fittings AW WA C153 4"-12" 05/14/98 EI-07 Ductile Iron Joint Restraints Ford Meter Box CoXiii-Flange Uni-Flange Series 1400 AW WA C111/C153 4" to 36" 05/14/98 EI-24 PVC Joint Restraints Ford Meter Box Co.fUni-Flange Uni-Flange Series 1500 Circle -Lock AW WA C111/C153 4" 124" 11/09/04 E1-07 Ductile Iron Joint Restraints One Bolt, Inc. One Bolt Restrained Joint Fitting AW WA C111/CI16/C153 4" to 12" 02/29/12 33-11-11 Ductile Iron Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 1100 (for DI Pipe) AW WA C111/CI16/C153 4" to 42" 02/29/12 33-11-11 PVC Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 2000 (for PVC Pipe) AW WA CI I I/C116/C153 4" to 24" 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLC4 - SLCIo AW WA C111/C153 4" to 10" 03/06/19 33-11-11 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLCS4 - SLCS12 AW WA C111/C153 4" to 12" 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One -Lk SLUE AW WA C111/C153 12" to 24" 08/10/98 E1-07 MJ Fittings(DIP) Sigma, Co. Sigma One-Lok SLDE AW WA C153 4" - 24" 10/12/10 E1-24 Interior Restrained Joint System S & B Techncial Products Bulldog System ( Diamond Lok 21 & JM ASTM F-1624 4" to 12" 08/16/06 E1-07 Mechanical Joint Fittings SIP Industries(Serampore) Mechanical Joint Fittings AW WA C153 4" to 24" 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. PVC Stargrip Series 4000 ASTM A536 AW WA CI I I 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. DIP Stargrip Series 3000 ASTM A536 AW WA CI I I EZ Grip Joint Restraint (EZD) Black For DIP 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) ASTM A536 AW WA CI I I 3"-48" EZ Grip Joint Restraint (EZD) Red for C900 WII-18 33-1141 Mechanical Joint Retamor Glands SIP Industries(Serampore) DR14 PVC Pipe ASTM A536 AW WA CI I I 4 -12 EZ Grip Joint Restraint (EZD) Red for C900 .111-18 33-1141 Mechanical Joint Retaner Glands SIP Industries(Serampore) DR18 PVC Pipe ASTM A536 AW WA C111 16"-24" * From Original Standard Products List 5 FORT WORTH® CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 9-3-24 Approval Spec No. [Classsification Manufacturer Water PiDes & Fittings/Resilient Seated Gate 33-12-20 (05/13/15) Model No. National Spec Size - alves Resilient Wedged Gate Valve w/no Gears alve* American Flow Control Series 2500 Drawing # 94-20247 16" I 12/13/02 Resilient Wedge Gate Valve American Flow Control Series 2530 and Series 2536 AW WA C515 30" and 36" I I 08/31/99 Resilient Wedge Gate Valve American Flow Control Series 2520 & 2524 (SO 94-20255) AW WA C515 20" and 24" I I 05/18/99 Resilient Wedge Gate Valve American Flow Control Series 2516 (SD 94-20247) AW WA C515 16" I I 10/24/00 E1-26 Resilient Wedge Gate Valve American Flow Control Series 2500 (Ductile Iron) AW WA C515 4" to 12" I I 08/05/04 Resilient Wedge Gate Valve American Flow Control 42" and 48" AFC 2500 AW WA C515 42" and 48" I I 05/23/91 E1-26 Resilient Wedge Gate Valve Amen— AVK Company American AVK Resilient Scatted GV AW WA C509 4" to 12" I I01/24/02 E1-26 Resilient Wedge Gate Valve American AVK Company 20" and smaller I I * E1-26 Resilient Seated Gate Valve Kennedy 4" - 12" I I E1-26 Resilient Seated Gate Valve M&H 4" - 12" I I * E1-26 Resilient Seated Gate Valve Mueller Co. 4" - 12" I I 11/08/99 Resilient Wedge Gate Valve Mueller Co. Series A2361 (SD 6647) AW WA C515 16" I 01/23/03 Resilient Wedge Gate Valve Mueller Co. Series A2360 for 18"-24" (SD 6709) AW WA C515 24" and smaller I 05/13/05 Resilient Wedge Gate Valve Mueller Co. Mueller 30" & 36", C-515 AW WA C515 30" and 36" I 01/31/06 Resilient Wedge Gate Valve Mueller Co. Mueller 42" & 48", C-515 AW WA C515 42" and 48" I 01/28/88 E1-26 Resilient Wedge Gate Valve Clow Valve Co. AW WA C509 4" - 12" I 10/04/94 Resilient Wedge Gate Valve Clow Valve Co. 16" RS GV (SD D-20995) AW WA C515 16" I 11/08/99 EI-26 Resilient Wedge Gate Valve Clow Valve Co. Clow RW Valve (SD D-21652) AW WA C515 24" and smaller I 11/29/04 Resilient Wedge Gate Valve Clow Valve Co. Clow 30" & 36" C-515 AW WA C515 30" and 36" (Note 3) 11/30/12 Resilient WedgF Gate Valve Clow Valve Co. Clow Valve Modal 2638 AW WA C515 24" to 48" (Note 3) 05/08/91 E1-26 Resilient Seated Gate Valve Stockham Valves & Fittings AW WA C 509, ANSI 420 - stem, 4" - 12" I E1-26 Resilient Seated Gate Valve U.S. Pipe and Foundry Co. Mcm,scal 250, requirements SPL #74 3" to 16" 10/26/16 33-12-20 Resilient Seated Gate Valve EJ (East Jordan Iron Works) EJ FImMaster Gate Valve & Boxes 08/24/18 Mateo Gate Valve Mateo -Noma 225 MR AW WA/ANSI C115/An21.15 4" to 16" I Water - PiDes/Valves & Fittings/Rubber Seated Butterfly Valve 33-12-21 (07/10/14) I I E1-30 Rubber Seated Butter fly Valve Henry Pratt Co. AW WA C-504 24" I E1-30 Rubber Seated Butterfly Valve Mueller Co. AW WA C-504 24"and smaller I 1/11/99 E1-30 Rubber Seated Butterfly Valve Dezurik Valves Co. AW WA C-504 24" and larger I 06/12/03 E1-30 Valmatm American Butterfly Valve Valmatic Valve and Manufacturing Corp. Valmatic American Butterfly Valve. AW WA C-504 Up to 84" diameter I 04/06/07 E1-30 Rubber Seated Butterfly Valve M&H Valve M&H Style 4500 & 1450 AW WA C-504 24" to 48" 03/19/18 33 12 21 Rubber Seated ButterflyValve G. A. Industries Golden Anderson AW WA C504 Butter fly Valve AW WA C-504 09/03/24 33 12 21 Rubber Seated ButterFl Valve American AVK Com an AW WA C504 Butterfl Valve Class 250B AW WA C-504 Water - Polved vlene Encasement 33-11-10 (01/08/13) I 05/12/05 E1-13 Polyethylene Encasment Flexsol Packaging Fulton Enterprises AW WA C105 8 mil LLD I I 05/12/05 E1-13 Polyethylene Encasment Mountain States Plastics (MSP) and AEP Ind. Standard Hardware AW WA C105 8 mil LLD I I 05/12/05 E1-13 Polyethylene Encasment AEP Industries Bullshong by Cowtown Bolt & Gasket AW WA C105 8 mil LLD I I 09/06/19 33-11-11 Polyethylene Encasment Northtown Products Inc. PE Encasement for DIP AW WA C105 8 mil LLD I I I I Water - SamDline Station I I 09/02/24 1 331250 Water Sampling Station Mueller Water Products, Inc. Model BSS01-36-MUDG2-CSD-NL, Freeze Proof. Hasp for Locking Access Hatch Water - Automatic Flusher HG6-A-IN-2-BRN-LPRR(Portable) 10/21/20 Automated Flushing System Mueller Hydrostuard HG2-A-IN--2-PVC-018-LPLG(Perrnanent) 04/09/21 Automated Flushing System Kupfsde Foundry Company Eclipse #9800wc 04/09/21 Automated Flushing System Kupferle Foundry Company Eclipse #9700 (Portable) The Fort Worth Water Department's Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department's Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specification will override the Fort Worth Water Department's Standard Specifications and the Fort Worth Water Department's Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department's Standard Specifications or is on the Fort Worth Water Yellow Highlight indicates recent changes * From Original Standard Products List FORT WORTH,.; CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 4/5/2025 !!!!!!!! Attention: Mix Designs do not su ercede CFW Specifications !!!!!!rrrr Spec No. Classification Manufacturer Miv ID DescriptionApproval Mix Concrete Class A (S dewalh, ADA Ramps, Driveways, Curb/Gutter, %ledian Pavement) 9/9/2022 32 1320 Mix Design American Concrete Company 30CAF029 3000 psi 3-5" Slump; 3-6 % Air 4/3/2025 32 1320 Mix Design Big Town Concrete 2211 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Bumco Texas 30U101 AG 3000 psi 3-5" Slump; 3-6 % Air 4/l/2024 32 1320 Mix Design Bumco Texas 30U500BG 3000 psi 3-5" Slump; 3-6 % Air 9/9/2022 32 1320 Mix Design Carder Concrete F WCC502001 3000 psi 3-5" Slump; 3-6 % Air 9/9/2022 32 1320 Mix Design Carder Concrete FWCC502021 3500 psi 3-5" Slump; 3-6 % Air 9/9/2022 32 1320 Mix Design Chisholm Trail Redi Mix C 13020AE 3000 psi 3-5" Slump; 4.5-7.5% Air 9/9/2022 32 1320 Mix Design City Concrete Company 30HA20TI 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Cow Town Redi Mix 253-W 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Cow Town Redi Mix 250 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Cow Town Redi Mix 350 3000 psi 3-5" Slump; 3-6% Air 1/29/2024 32 1320 Mix Design Estrada Ready Mix R3050AEWR 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Holcim - SOR, Inc. 1261 3000 psi 3-5" Slump; 3-6% Air 9/23/2024 32 1320 Mix Design Holcim - SOR, Inc. 5177 3000 psi 3-5" Slump; 3-6% Air 4/7/2023 32 1320 Mix Design Liquid Stone C301D 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Martin Marietta R2136214 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Martin Marietta R2136014 3000 psi 3-5" Slump; 3-6% Air 4/1/2023 32 1320 Mix Design Martin Marietta R2136N14 3000 psi 3-5" Slump; 3-6% Air 6/1/2023 32 1320 Mix Design Martin Marietta R2136R20 3000 psi 3-5" Slump; 3-6% Air 6/1/2023 32 1320 Mix Design Martin Marietta R2136N20 3000 psi 3-5" Slump; 3-6% Air 11/2/2022 32 1320 Mix Design Martin Marietta R2141K24 4000 psi 3-5" Slump; 3-6% Air 4/7/2023 32 1320 Mix Design Martin Marietta R2136K14 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Martin Marietta R2131314 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Martin Marietta R2132214 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Martin Marietta D9490SC 3000 psi 3-5" Slump; 4.5-7.5% Air 10/4/2023 32 1320 Mix Design NBR Ready Mix CLS A-YY 3000 psi 3-5" Slump; 3-6% Air 10/4/2023 32 1320 Mix Design NBR Ready Mix CLS A -NY 3000 psi 3-5" Slump; 3-6% Air 7/10/2023 32 1320 Mix Desing Osborn 30A50MR 3000 psi 3-5" Slump; 3-6% Air 1/18/2023 32 1320 Mix Design Rapid Redi Mix RRM5020A 3000 psi 3-5" Slump; 3-6% Air 1/24/2023 32 1320 Mix Design Rapid Redi Mix RRM5525A 3600 psi 3-5" Slump; 3-6% Air 10/24/2024 32 1320 Mix Design SRM Concrete 30850 3000 psi 3-5" Slump; 3-6% Air 10/24/2024 32 1320 Mix Design SRM Concrete 30350 3000 psi 3-5" Slump; 3-6% Air 10/18/2024 32 1320 Mix Design SRM Concrete 30050 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Tarrant Concrete FW5025A 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Tarrant Concrete CP5020A 3000 psi 3-5" Slump; 3-6% Air 10/10/2022 32 1320 Mix Design Tarrant Concrete TCFW5020A 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Tarrant Concrete FW5525A2 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Titan Ready Mix 3020AE 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design True Grit Redi Mix 0250.230 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design True Grit Redi Mix 0250.2301 3000 psi 3-5" Slump; 3-6% Air Class CIP'Inlets, Manholes, .unction Boxes, Encasement, 3locldn , Collars, (Sp-ead Footing Pedistal Pole Foundations (Reference Detail 34 41 10-D605A) 9/9/2022 32 13 13 Mix Design American Concrete Company 40CNF065 4000 psi 3-5' Slump; 0-3% Air 9/9/2022 32 13 13 Mix Design Bumco Texas 40U500BG 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 255-2 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 355 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 255 3500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 270 5000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 370 5000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 353 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 257 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 357 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Holcim - SOR, Inc. 1701 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Holcim - SOR, Inc. 1551 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Holcim - SOR, Inc. 5409 4000 psi 3-5" Slump; 3-6% Air 4/27/2023 32 13 13 Mix Design Liquid Stone C361DNFA 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2141230 4000 psi 3-5" Slump; 3-6% Air 8/4/2023 32 13 13 Mix Design Martin Marietta R2141R24 4000 psi 3-5" Slump; 3-6% Air 11/20/2023 32 13 13 Mix Design Martin Marietta R2146R33 4000 psi 3-5" Slump; 3-6% Air 11/20/2023 32 13 13 Mix Design Martin Marietta R2146K33 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2142233 3600 psi 3-5" Slump; 4.5-7.5% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2136224 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2141233 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2146038 4500 psi 3-5" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Design Martin Marietta R2146K34 4000 psi 3-5" Slump; 3-6% Air 9/12/2023 32 13 13 Mix Design NBR Ready Mix CLS Pl-YY 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design NBR Ready Mix TX C-YY 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design NBR Ready Mix TX C-NY 3000 psi 3-5" Slump; 3-6% Air 1/18/2023 3213 13 Mix Design Rapid Redi Mix RRM5320A 3000 psi 3-5" Slump; 3-6% Air FORT WORTH,.; CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 4/5/2025 !!!!!!!! Attention: Mix Designs do not su ercede CFW Specifications !!!!!!rrrr Spec No. Classification Maniff'-ftner Mix ID DescriptionApproval Mix Concrete(Continued) 1/18/2023 32 13 13 Mix Des Rapid Redi Mix RRM6020ASS 4000 psi 3-5" Slump; 3-6%Air 10/24/2024 32 13 13 Mix Des SRM Concrete 40350 4000 psi 3-5" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Desp SRM Concrete 40850 4000 psi 3-5" Slump; 3-6% Air 9/16/2024 32 13 13 Mix Des SRM Concrete 35050 3500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW5320A 3000 psi 3-5" Slump; 3-6% Air 10/10/2022 32 13 13 Mix Design Tarrant Concrete TCFW6025A2 4000 psi 3-5" Slump; 3-6% Air Class C (Drilled Shaft for Traffic SSgpal Pole Foundations Reference Detail 3141 10-D605) 9/9/2022 3213 13 Mix Desp Bumco TTexas 36U500BG 3600 psi 5.5-7.5" Slump; 3-6% Air 6/21/2023 32 13 13 Mix Des Cow Town Redi Mix 360-DS 3600 psi 5.5-7.5" Slump; 3-6% Air 10/30/2024 32 13 13 Mix Des Estrada Ready Mix R36575AEWR 3600 psi 5.5-7.5" Slump; 3-6%Air 12/5/2022 32 13 13 Mix Desp Holcim - SOR, Inc. 1822 3600 psi 5.5-7.5" Slump; 0-3% Air 9/9/2022 32 13 13 Mix Des Holcim- SOR, Inc. 1859 4000 psi 5.5-7.5" Slump; 3-6% Air 4/7/2023 32 13 13 Mix Des Liquid Stone C361DHR 3600 psi 5.5-7.5" Slump; 3-6% Air 6/27/2023 32 13 13 Mix Des Martin Marietta U2146N41 3600 psi 5-7Slump; 3-6 % Air 6/27/2023 32 13 13 Mix DespMartin Marietta U2146K45 3600 psi 5-7Slump; 3-6% Air 8/22/2024 32 13 13 Mix Design NBR Ready Mix 135K2524 3600 psi 5.5" Slump; 3-6% Air 8/22/2024 32 13 13 Mix Design NBR Ready Mix 135KO524 3600 psi 5.5" Slump; 3-6% Air Class C Headwalls, Wingwalls, Culverts 9/9/2022 32 13 13 Mix Design Carder Concrete FWCC602001 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Desp City Concrete Company 40LA2011 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des n Cow Town Redi Mix 260-2 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des Cow Town Redi Mix 360-1 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des Cow Town Redi Mix 260-1 3600 psi 3-5" Slump; 3-6% Air 1/29/2024 32 13 13 Mix Des Estrada Ready Mix R3655AEWR 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des GCH Concrete Services GCH4000 4000 psi 3-5" Slump; 3-6% Air 4/l/2023 32 13 13 Mix Des Martin Marietta 310LBP 3600 psi 3-5" Slump; 4-7% Air 8/30/2023 32 13 13 Mix Des Martin Marietta R2141R30 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des Martin Marietta R2146035 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des SRM Concrete 40050 4000 psi 3-5" Slump; 3-6 % Air 9/9/2022 32 13 13 Mix Desp SRM Concrete 35022 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW6020A2 4000 psi 3-5" Slump; 3-6% Air Class P (Machine Placed Paving) 4/3/2025 32 13 13 Mix Design Big Town Concrete 4511 3600 psi 1-3" Slump; 3-6% Air 4/3/2025 32 13 13 Mix Design Big Town Concrete 4411 3600 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Carder Concrete FWCC552091 3600 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Carder Concrete FWCC602091 4000 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design City Concrete Company 36LA2011 3600 psi 1-3" Slump; 3-6% Air 9/9/2022 33 13 13 Mix Design Cow Town Redi Mix 257-M 3600 psi 1-3" Slump; 3-6% Air 11/14/2022 32 13 13 Mix Design Cow Town Redi Mix 357-M 3600 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 260-M 4000 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 360-M 4000 psi 1-3" Slump; 3-6% Air 2/6/2024 32 13 13 Mix Design Estrada Ready Mix TD3655AEWR 3600 psi 1-3" Slump; 3-6% Air 8/4/2023 32 13 13 Mix Design Martin Marietta Q2141R27 4000 psi 1-3" Slump; 3-6% Air 11/2/2022 32 13 13 Mix Design Martin Marietta Q2141K30 4000 psi 1-3" Slump; 3-6% Air 10/4/2023 32 13 13 Mix Design NBR Ready Mix TX C SF-YY 3600 psi 1-3" Slump; 3-6% Air 10/4/2023 32 13 13 Mix Design NBR Ready Mix TX C SF -NY 3600 psi 1-3" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Design SRM Concrete 40068 4000 psi 1-3" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Design SRM Concrete 40825 4000 psi 1-3" Slump; 3-6% Air 9/16/2024 32 13 13 Mix Design SRM Concrete 40025 4000 psi 1-3" Slump; 3-6% Air 10/18/2024 32 13 13 Mix Design SRM Concrete 35023 3600 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW5520AMP 3600 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design True Grit Redi Mix 0255.2301 3600 psi 1-3" Slump; 3.5-6.5%Air 9/9/2022 32 13 13 Mix Design True Grit Redi Mix 0260.2302 4000 psi 1-3" Slump; 3.5-6.5% Air Class H (Hand Placed Paving, Valley Gutter) 9/9/2022 32 13 13 Mix Design American Concrete Company 45CAF076 4500 psi 3-5" Slump; 3-6% Air 5/2/2023 32 13 13 Mix Design Big D Concrete CM14520AE 4500 psi 3-5" Slump; 3-6% Air 4/3/2025 32 13 13 Mix Design Big Town Concrete 6211 4500 psi 3-5" Slump; 3-6% Air 4/3/2025 32 13 13 Mix Design Big Town Concrete 6311 4500 psi 3-5" Slump; 3-6% Air 4/5/2025 32 13 13 Mix Design Big Town Concrete 6017 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Bumco Texas 4SUS00BG 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Carder Concrete FWCC602021 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design City Concrete Company 45NA2011 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 265 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 365 4500 psi 3-5" Slump; 3-6% Air 1/29/2024 32 13 13 Mix Design Estrada Ready Mix R4560AEWR/ 4500 psi 3-5" Slump; 4-6% Air 9/9/2022 32 13 13 Mix Design GCH Concrete Services GCH4500 4500 psi 3-5" Slump; 3-6% Air 10/4/2024 32 13 13 Mix Design Holcim - SOR, Inc. 5507 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Holcim - SOR, Inc. 1851 4500 psi 3-5" Slump; 3-6% Air FORT WORTH.; CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 4/5/2025 !!!!!!!! Attention: Mix Designs do not su ercede CFW Specifications !!!!!!rrrr Spec No. Classification Maniff'-ftner DescriptionApproval Mix ID Mix Concrete(Con'inued) 4/5/2025 3213 13 Mix Desp Liquid Stone C451D 4500 psi 3-5" Slump; 3-6%Air 11/2/2022 3213 13 Mix Des Martin Marietta R2146N35 4500 psi 3-5" Slump; 3-6%Air 8/4/2023 3213 13 Mix Des Martin Marietta R21461136 4500 psi 3-5" Slump; 3-6% Air 11/2/2022 3213 13 Mix Des Martin Marietta R2146N36 4500 psi 3-5" Slump; 3-6% Air 5/22/2023 32 13 13 Mix Des Martin Marietta R2146K37 4500 psi 3-5" Slump; 3-6% Air 12/22/2023 32 13 13 Mix Des Martin Marietta R2146R44 4500 psi 3-5" Slump; 3-6% Air 12/22/2023 32 13 13 Mix Des Martin Marietta R2146K44 4500 psi 3-5" Slump; 3-6% Air 11/15/2022 32 13 13 Mix Des Martin Marietta R2146P36 4500 psi 3-5" Slump; 3-6% Air 11/15/2022 32 13 13 Mix Desp Martin Marietta R2146K36 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Desp Martin Marietta R2147241 4500 psi 3-5" Slump; 4.5-7.5% Air 9/9/2022 32 13 13 Mix Des)ip Martin Marietta R2146236 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des)ip Martin Marietta R2146036 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des}tgn Martin Marietta R2146242 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Desp Martin Marietta R2146042 4500 psi 3-5" Slump; 3-6% Air 10/4/2023 32 13 13 Mix Des1ip NBR Ready Mix CLS P2-YY 4500 psi 3-5" Slump; 3-6% Air 10/4/2023 32 13 13 Mix Des1� NBR Ready Mix CLS P2-NY 4500 psi 3-5" Slump; 3-6% Air 7/10/2023 32 13 13 Mix Des 1� Osborn 45A60MR 4500 psi 3-5" Slump; 3-6% Air 1/24/2023 32 13 13 Mix Des 1� Rapid Redi Mix RRM6320AEP 4500 psi 3-5" Slump; 3-6% Air 1/13/2023 32 13 13 Mix Des�np SRM Concrete 45023 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 3213 13 Mix Desp SRM Concrete 45000 4500 psi 3-5" Slump; 3-6% Air 10/24/2024 3213 13 Mix Desp SRM Concrete 45350 4500 psi 3-5" Slump; 3-6% Air 10/24/2024 3213 13 Mix Des SRM Concrete 45850 4500 psi 3-5" Slump; 3-6% Air 10/18/2024 3213 13 Mix Des SRM Concrete 45050 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 3213 13 Mix Des Tarrant Concrete FW6020AHP 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 3213 13 Mix Des Tarrant Concrete FW60AHP 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des Tarrant Concrete TCFW6020AHP 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des Titan Ready Mix TRC4520 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Desp True Grit Redi Mix 0260.2301 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Desp True Grit Redi Mix 0265.2301 4500 psi 3-5" Slump; 3.5-6.5% Air 9/9/2022 32 13 13 Mix Design True Grit Redi Mix 270.230 4500 psi 3-5" Slump; 3-6% Air 10/9/2024 32 13 13 Mix Design Wildcatter 4520AI 4500 psi 3-5" Slump; 3-6% Air Class HES High Early Stren ,,th Paving) 9/9/2022 3213 13 ix Des1Ep Big D Concrete 14500AE 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 3213 13 Mix Des n Cow Town Redi Mix 370-INC 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 3213 13 Mix Des Cow Town Redi Mix 375-NC 5000 psi 3-5" Slump; 3-6% Air 9/9/2022 3213 13 Mix Des Cow Town Redi Mix 370-NC 4500 psi 3-5" Slump; 3-6% Air 1/18/2023 3213 13 Mix Des Cow Town Redi Mix 380-NC 4500 psi 3-5" Slump; 3-6% Air 1/29/2024 32 13 13 Mix Des Estrada Ready Mix 4575AESC 4500 psi / 3000 psi (&, 3 days 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des Holcim - SOR, Inc. 2125 5000 psi 3-5" Slump; 3-6% Air 1/24/2023 32 13 13 Mix Desp Liquid Stone C451 DHR-A 4500 psi 3-5" Slump; 3-6% Air 4/7/2023 32 13 13 Mix Des p Martin Marietta R2161K70 6000 psi / 3000 Ti 9 24hr. 3-5" Slump; 3-6% Air 2/10/2023 32 13 13 Mix Des SRM Concrete 50310 5000 psi 3-5" Slump; 3-6 % Air 9/9/2022 32 13 13 Mix Desp SRM Concrete 40326 4500 psi / 3000 psi 3 days 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW6520AMR 4500 psi / 3000 psi 3 days 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tartan[ Concrete FW7520AMR 4500 psi / 3000 psi 3 days 3-5" Slump; 3-6% Air Class S (Bridge Slabs, Top Slabs of Direct Traffic Culverts, Approach Slabs) 9/9/2022 32 13 13 Mix�esign Cow Town Redi Mix 266 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Desp Cow Town Redi Mix 360 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 3213 13 Mix Des Cow Town Redi Mix 365-STX 4000 psi 3-5" Slump; 3-6% Air 1/29/2024 3213 13 Mix Des Estrada Ready Mix R4060AEWR 4000 psi 4-6" Slump; 3-6% Air 5/3/2023 3213 13 Mix Des n Martin Marietta M7842344 4000 psi 3-5" Slump; 4.5-7.5% Air 4/l/2023 32 13 13 Mix Des Martin Marietta R2146P33 4000 psi 3-5" Slump; 3-6% Air 4/15/2024 32 13 13 Mix Des NBR Ready Mix TX S-NY 4000 psi 3-5" Slump; 3-6% Air 4/15/2024 32 13 13 Mix Des NBR Ready Mix TX S-YY 4000 psi 3-5" Slump; 3-6 % Air 4/5/2025 32 13 13 Mix Desp SRM Concrete 40850 4000 psi 3-5" Slump; 3-6% Air 4/5/2025 32 13 13 Mix Design SRM Concrete 40350 4000 psi 3-5" Slump; 3-6% Air 5/5/2023 32 13 13 Mix Design SRM Concrete D100008553CB 4000 psi 3-5" Slump; 3-6% Air Concrete Base Trench Repair 4/l/2023 1033416 ( Mix Design Branco Texas IOYH50BF I I 1000 psi (Flowable; 8.5-11.5% Air 9/9/20221033416 Mix Design Bumco Texas 08Y450BA 800 psi 5-7" Slump; 3-6 %Air Controlled Low Strength Material (Flowable Fill) 9/9/2022 03 34 13 Mix Design Burri exas OIY690BF 100 psi Flowable; 8.5-11.5% Air 9/9/2022 03 34 13 Mix Des Carder Concrete FWCC359101 50-150 psi 3-5" Slump; 8-12% Air 9/9/2022 0334 13 Mix Des Carder Concrete FWFF237501 50-150 psi Flowable; 8.5-11.5 % Air 9/9/2022 0334 13 Mix Desp City Concrete Company 11-350-FF 50-150 psi Flowable; 8-12% Air 9/9/2022 0334 13 Mix Des Cow Town Redi Mix Mix# 9 70 psi 7-9" Slump; 8-11% Air 10/4/2023 03 34 13 Mix Design NBR Ready Mix FTW FLOW FILL 150 psi 7-10" Slump; 8-12%Air 9/9/2022 03 34 13 Mix Design Tarrant Concrete FWFF150CLSM 50-150 psi Flowable; 8-12% Air FORT WORTH, CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 4/5/2025 !!!!!!!! Attention: Mix Desiens do not sunercede CFW Specifications !!!!!!rrrr Concrete Rip Rap 4/l/2023 31 3700 Mix Design Martin Marietta R2141030 4/l/2023 31 3700 Mix Design Martin Marietta R2146033 Asphalt P7vhtg 9/9/2022 32 12 16 Mix Design Austin Asphalt F75B117965 FT5B 117965 PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design Austin Asphalt FTIBI39965 FTIBI39965 PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design Austin Asphalt FT1B117.2 FTIB117.2 PG64-22 Type B Fine Base 5/l/2024 32 12 16 Mix Design Reynolds Asphalt 340-DG-B P 340-DG-B PG64-22 Type B Base Course 9/9/2022 32 12 16 Mix Design Reynolds Asphalt 1112B 1112B PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design Reynolds Asphalt 1612B 1612B PG64-22 Type B Fine Base 4/4/2025 32 12 16 Mix Design Reynolds Asphalt 2315B 2315B PG64-22 Type B Fine Base 12/5/2022 33 12 16 Mix Design Surmount Paving 3076BV6422 3076BV6422 PG62-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design Surmount Paving 341-BRAP6422ERG 34 1 -BRAP6422ERG PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design TXBIT 37-211305-20 37-211305-20 PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design TXBIT 44-211305-17 44-211305-17 PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design TXBIT 211305 (1757) 211305 (1757) PG64-22 Type B Fine Base As4halt(Continued) 9/9/2022 32 12 16 Mix Design TXBIT 64-224125-18 PG PG70-22 Type D Fine Surface 4/1/2024 32 12 16 I Mix Design TXBIT 344 MAC-SP-D 70-22XR I64-224125-18 344 MAC-SP-D 70-22XR SAC A-R Type D Fine Surface Detectable Warning Surface 9/9/2022 32 13 20 DWS - Pavers Pine Hall Brick (Winston Salem, NC) Tactile Pavers 9/9/2022 32 13 20 DWS - Pavers Western Brick Co. (Houston, TX) Detectable Warning Pavers 9/9/2022 32 13 20 DWS - Composite Armor Tile 9/9/2022 32 1320 DWS - Composite ADA Solutions (Wilmington, MA) Heritage Brick CIP Composite Paver 4/7/2023 32 1320 DWS - Pavers ADA Solutions (Wilmington, MA) Detectable Warning Pavers Silicone Joint Sealant 9/9/2022 32 1373 Joint Sealant Dow 890SL 890SL - Cold Applied, Single Component, Silicone Joint Sealant 9/9/2022 32 13 73 Joint Sealant Tremco 900SL 900SL - Cold Applied, Single Component, Silicone Joint Sealant 9/9/2022 32 1373 �32 Joint Sealant Pecan,300SL 300SL - Cold Applied, Single Component, Silicone Joint Sealant 9/9/2022 13 73 Joint Sealant Crafco RoadSaver Silicone RoadSaver Silicone - Cold Applied, Single Component, Silicone Joint Sealant Utility, Trench Embedment Sand 9/9/2022 33 OS lb Embedment Sand Silver Creek Materials Utility Embedment Sand 9/9/2022 33 05 10 Embedment Sand Crouch Materials Utility Embedment Sand 9/9/2022 3305 10 Embedment Sand F and L Dirt Movers Utility Embedment Sand 9/9/2022 3305 10 Embedment Sand F and L Dirt Movers Utility Embedment Sand 9/9/2022 3305 10 Embedment Sand Tin Top Martin Marietta Utility Embedment Sand Storm Sewer - Manholes & B3ses/Frames & Covers/Standard (Round) 33-05-13 4000 psi I3-5" Slump; 3-6% Air 4000 psi 3-5" Slump; 3-6% Air 9/28/2018 3305 13 Manhole Frames and Covers AccuCast (Govind Steel Company, LTD) MHRC #220605 MHRC #220605 (Size - **24" Dia.) 9/28/2018 3305 13 Manhole Cover Neenah Form NF-1274-T91 NF-1274-T91 (Size - 32" Dia.) 9/28/2018 3305 13 Manhole Frames and Coy Neenah Foun NF-1743-LM (Hinged) NF-1743-LM (Hinged) (Size - 32" Dia.) 9/28/2018 3305 13 Manhole Frame Neenah Form NF-1930-30 NF-1930-30 (Size - 32.25" Dia.) 9/28/2018 3305 13 Manhole Frames and Coy Neenah Form R-1743-ITV R-1743-HV (Size - 32" Dia.) 4/3/2019 3305 13 Manhole Frames and Coy SIP Industries ++ 2279ST 2279ST (Size - 24" Dia.) 4/3/2019 3305 13 Manhole Frames and Coy SIP Industries ++ 2280ST 2280ST (Size - 32" Dia.) 10/8/2020 3305 13 Manhole Frames and Coy EJ ( Formally East Jordan Iron Works) EJ1033 Z2/A EJ1033 Z2/A (Size - 32.25" Dia.) 3/8/2024 3305 13 Curb Inlet Covers SIP Industries ++ 2296T 2296T (Size - ***24" Dia.) 6/18/2024 3305 13 Curb Inlet Covers SIP Industries ++ 2279STN 2279STN (Size - 24" Dia.) **Nate. All new development and new installation manhole yids shall meet the minimum 30-inch opening requirement as specified in City Specification 33 0513. Any smaller opening sizes will only be allowed for existing manholes that require replacement frames and covers. �ASTMD5893 ASTM D5893 ASTM D5893 ASTM D5893 ASTM C33 ASTM C33 ASTM C33 ASTM C33 ASTM C33 ASTM A48 AASHTO M306 ASTM A48 AASHTO M306 ASTM A48 AASHTO M306 ASTM A48 AASHTO M306 ASTM A48 AASHTO M306 ASTM A48 AASHTO M306 ASTM A48 AASHTO M306 ASTM A536 AASHTO M306 ASTM A48 AASHTO M306 ASTM A48 AASHTO M306 Storm Sewer - Inlet & Structures 33-05-13 10/8/2020 33 49 20 Curb Inlets Fortema FRT-1 Ox3-405-PRECAST** (Size - 10' X 3') ASTM C913 10/8/2020 33 49 20 Curb Inlets Forterrra FRT-1 Ox3-406-PRECAST** (Size - 10' X 3') ASTM C913 10/8/2020 33 49 20 Curb Inlets Forterrra FRT-1 Ox4.5-407-PRECAST** (Size - 10' X 4.5') ASTM C913 10/8/2020 33 49 20 Curb Inlets Forterrra FRT-1 Ox4.5-420-PRECAST** (Size - 10' X 4.5') ASTM C913 10/8/2020 33 39 20 Manhole Forterrra FRT-4X4-409-PRECAST-TOP (Size - 4' X 4') ASTM C913 10/8/2020 33 39 20 Manhole Forterrra FRT-4X4-409-PRECAST-BASE (Size - 4' X 41 ASTM C913 10/8/2020 33 39 20 Manhole Forterrra FRT-5X5410-PRECAST-TOP (Size - 5' X 5') ASTM C913 10/8/2020 33 39 20 Manhole Forterrra FRT-5X5410-PRECAST-BASE (Size - 5' X 51 ASTM C913 10/8/2020 33 39 20 Manhole Forterrra FRT-6X64I I -PRECAST -TOP (Size - 6' X 6') ASTM C913 10/8/2020 33 39 20 Manhole Forterrm FRT-6X64I I -PRECAST -BASE (Size - 6' X 6� ASTM C913 3/19/2021 33 49 20 Curb Inlets Thompson PT' a Group TPG-I OX3-405-PRECAST INLET** (Size - 10' X 3') ASTM 615 3/19/2021 33 49 20 Curb Inlets Thompson PTe Group TPG-15X3-405-PRECAST INLET** (Size - 15' X 3') ASTM 615 3/19/2021 33 49 20 Curb Inlets Thompson PTe Group TPG-20X3-405-PRECAST INLET** (Size - 20' X T) ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-4X4-409-PRECAST TOP (Size - 4' X 4') ASTM 615 FORT WORTH,.; CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 4/5/2025 !!!!!!!! Attention: Mix Designs do not su ercede CFW Specifications !!!!!!rrrr Description 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-4X4409-PRECAST BASE (Size - 4' X 4') ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-4X4-412-PRECAST 4-FT RISER (Size - 4' X 4') ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-5X5-410-PRECAST TOP (Size - 5' X 5') ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-5X5-410-PRECAST BASE (Size - 5' X 5� ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-5X5-412-PRECAST 5-FT RISER (Size - 5' X 5') ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-6X6-411-PRECAST TOP (Size - 6' X 6') ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-6X6-411-PRECAST BASE (Size - 6' X 6� ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-6X6-412-PRECAST 6-FT RISER (Size - 6' X 6') ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-7X7-411-PRECAST TOP (Size - TX T) ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-7X7-411-PRECAST BASE (Size - TX 7� ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-7X7-412-PRECAST 4-FT RISER (Size - TX T) ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-8X8-411-PRECAST TOP (Size - 8' X 8') ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-8X8-411-PRECAST BASE (Size - 8' X 8� ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-8X8-412-PRECAST 5-FT RISER (Size - 8' X 8') ASTM 615 3/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-4X4-408-PRECAST INLET (Size - 4' X 4') ASTM 615 3/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-5X5-408-PRECAST INLET (Size - 5' X 5') ASTM 615 3/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-6X6-408-PRECAST INLET (Size - 6' X 6') ASTM 615 8/28/2023 33 49 10 Manhole Oldcastle Precast 4' x 4' Stacked Manhole (Size - 4' X 4� ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 5' x 8' Storm Junction Box (Size - 5' X 8� ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 4' x 4' Storm Junction Box (Size - 4' X 4� ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 5' x 5' Storm Junction Box (Size - 5' X 5� ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 6' x 6' Storm Junction Box (Size - 6' X 6� ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 8' x 8' Storm Junction Box Base (Size - 8' X 8') ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 5' x 8' Stomr Junction Box Base (Size - 5' X 8') ASTM C478 8/28/2023 33 49 10 Manhole Rinker Materials Reinforced 48" Diameter Spread Footing Manhole (Size - 4' X 4') ASTM C433 8/28/2023 33 39 20 Curb Inlet 10'x 3' Riser Thompson Pipe Group Inlet Riser (Size - 3 FT) ASTM C913-16 8/28/2023 33 39 20 Curb Inlet 15 'x 3' Riser Thompson Pipe Group Inlet Riser (Size - 3 FT) ASTM C913-16 8/28/2023 33 39 20 Curb Inlet 20' x 3' Riser Thompson Pipe Group Inlet Riser (Size - 3 FT) ASTM C913-16 1/12/2024 33 49 20 Drop Inlet AmenTex Pipe &Products Drop Inlet (4' X 4� ASTM C913 1/12/2024 33 49 20 Drop Inlet AmenTex Pipe &Products Drop Inlet (5' X 5� ASTM C913 1/19/2024 33 49 20 Manhole AmenTex Pipe &Products Precast 4'x4' Storm Junction Box ASTM C913 1/19/2024 33 49 20 Manhole AmenTex Pipe &Products Precast 5'x5' Storm Junction Box ASTM C913 1/19/2024 33 49 20 Manhole AmenTex Pipe &Products 5' Precast Tansition MH (4' MH on the top of 5' JB) ASTM C913 1/19/2024 33 49 20 Manhole AmenTex Pipe &Products Precast 6'x6' Storm Junction Box ASTM C913 1/19/2024 33 49 20 Manhole AmenTex Pipe &Products 6' Precast Tansition MH (4' MH on the top of 6' JB) ASTM C913 1/19/2024 33 49 20 Manhole AmenTex Pipe &Products Precast 8'x8' Storm Junction Box ASTM C913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products 8' Precast Tansition MH (4' MH on the top of 8' JB) ASTM C913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products Type C Storm Drain Manhole on Box (4' MH on the top of RCB) ASTM C913 7/16/2024 33 49 20 Curb Inlets AmeriTex Pipe &Products 10x3 Precast** (Size 10' x 39 ASTM C913 7/16/2024 33 49 20 Curb Inlets AmeriTex Pipe &Products 15x3 Precast** (Size 15' x 3'' ASTM C913 **Note: Pre -cast inlets are apposed for the stage / portion o) the structure (basin) only. Stage H pordon ot'the structure are required to be cast in -place. No exceptions to thu requirement sha!l be allowed. Storm Sewer - Pies & Boxes 33-05-13 4/9/2021 3341 13 Storm Dram Pipes Advanced Drainage Systems, Inc. (ADS) ADS HP Storm Polvpropylene (PP) Pipe (Size - 12" - 60") ASTM F2881 & AASHTO M330 8/28/2023 3341 10 Storm Drain Pipes Rinker Materials Reinforced Concrete Pipe Tongue and Groove Joint Pipe (Size - 21" or larger) ASTM C76, C655 8/28/2023 3341 10 Culvert Box Rinker Materials Reinforced Concrete Box Culvert (Sze - Various) ASTM C789, C850 10/12/2023 3341 10 Storm Drain Pipes AmeriTex P�c &Products Reinforced Concrete Pipe Tongue and Groove Joint Pipe* (Size - 15" or larger) ASTM C76, C506 10/12/2023 3441 10 Culvert Box AmeriTex Pipe &Products Reinforced Concrete Box Culvert (size - Various)) ASTM C1433,C1577 10/18/2023 3541 10 Storm Drain Pipes The Turner Co. Reinforced Concrete Pipe Tongue and Groove Joint Pipe* (Size - 15" or larger) ASTM C76, C506 10/18/2023 3341 10 Culvert Box The Turner Co. Reinforced Concrete Box Culvert (size - Various) ASTM C1433,C1577 4/12/2024 3341 10 Storm Drain Pipes Thompson Pipe Group Reinforced Concrete Pipe Tongue and Groove Joint Pipe* (Size Various) ASTM C76, C506 6/25/2024 3341 10 Culvert Box Oldcastle Reinforced Concrete Box Culvert ASTM C1433,C1577 6/25/2024 3341 10 Storm Drain Pipes Oldcastle Reinforced Concrete Pipe Tongue and Groove Joint Pipe* (Size Various) ASTM C76, C506 Revision Comments (1-29-2025) Removed Argos, Ingram, Redi-Mix, Charley s (4-3-2025) Bigto— Concrete updated Mix ID's (4-5-2025) 03 34 13 CLSM specification