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Contract 56062-PM1
PROJECT MANUAL FOR THE CONSTRUCTION OF OAK RIDGE – PHASE 2 PAVING CONTRACT City Project No. 102078 FID No. 30144-0200431-102078-E07685 File No. W-2755 “X” No. X-25953 Betsy Price David Cooke Mayor City Manager Christopher P. Harder, P.E. Director, Water Department David Johnson Director, Transportation and Public Works Prepared for The City of Fort Worth July 2021 DALLAS | SAN ANTONIO | AUSTIN | HOUSTON | FORT WORTH 5810 TENNYSON PARKWAY, STE 425 | PLANO, TX 75024 | 214.420.8494 TBPE Firm Registration #470 | TBPLS FIRM REGISTRATION #10194390 56#6 '1(6':# 5 241 ( '55+10#.'0 )+0''4.+%'0 5 '& ,#%1$#)11& CSC No. 56062-PM1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 6 Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised March 20, 2020 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions Last Revised 00 11 13 Invitation to Bidders 03/20/2020 00 21 13 Instructions to Bidders 03/20/2020 00 41 00 Bid Form 04/02/2014 00 42 43 Proposal Form Unit Price 05/22/2019 00 43 13 Bid Bond 04/02/2014 00 45 11 Bidders Prequalification’s 04/02/2014 00 45 12 Prequalification Statement 09/01/2015 00 45 13 Bidder Prequalification Application 03/09/2020 00 45 26 Contractor Compliance with Workers' Compensation Law 04/02/2014 00 45 40 Minority Business Enterprise Goal 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 Supplementary Conditions 07/01/2011 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded Projects 01/10/2013 Division 01 - General Requirements Last Revised 01 11 00 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 01 31 20 Project Meetings 07/01/2011 01 32 33 Preconstruction Video 08/30/2013 01 33 00 Submittals 08/30/2013 01 35 13 Special Project Procedures 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 60 00 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 01 71 23 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 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 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 6 Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised March 20, 2020 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project’s Contract Documents NONE 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 6 Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised March 20, 2020 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City’s website at: http://fortworthtexas.gov/tpw/contractors/ or https://apps.fortworthtexas.gov/ProjectResources/ Division 02 - Existing Conditions Last Revised 02 41 13 Selective Site Demolition 12/20/2012 02 41 14 Utility Removal/Abandonment 12/20/2012 02 41 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 Concrete Base Material for Trench Repair 12/20/2012 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 Division 26 - Electrical 26 05 00 Common Work Results for Electrical 11/22/2013 26 05 10 Demolition for Electrical Systems 12/20/2012 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011 26 05 50 Communications Multi-Duct Conduit 02/26/2016 Division 31 - Earthwork 31 10 00 Site Clearing 12/20/2012 31 23 16 Unclassified Excavation 01/28/2013 31 23 23 Borrow 01/28/2013 31 24 00 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 12/20/2012 31 36 00 Gabions 12/20/2012 31 37 00 Riprap 12/20/2012 Division 32 - Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 12/20/2012 32 01 18 Temporary Asphalt Paving Repair 12/20/2012 32 01 29 Concrete Paving Repair 12/20/2012 32 11 23 Flexible Base Courses 12/20/2012 32 11 29 Lime Treated Base Courses 12/20/2012 32 11 33 Cement Treated Base Courses 12/20/2012 32 11 37 Liquid Treated Soil Stabilizer 08/21/2015 32 12 16 Asphalt Paving 12/20/2012 32 12 73 Asphalt Paving Crack Sealants 12/20/2012 32 13 13 Concrete Paving 12/20/2012 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 32 13 73 Concrete Paving Joint Sealants 12/20/2012 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 6 Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised March 20, 2020 -32 14 16 Brick Unit Paving 12/20/2012 32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016 32 17 23 Pavement Markings 11/22/2013 32 17 25 Curb Address Painting 11/04/2013 32 31 13 Chain Fences and Gates 12/20/2012 32 31 26 Wire Fences and Gates 12/20/2012 32 31 29 Wood Fences and Gates 12/20/2012 32 32 13 Cast-in-Place Concrete Retaining Walls 06/05/2018 32 91 19 Topsoil Placement and Finishing of Parkways 12/20/2012 32 92 13 Hydro-Mulching, Seeding, and Sodding 12/20/2012 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 12/20/2012 33 01 31 Closed Circuit Television (CCTV) Inspection 03/03/2016 33 03 10 Bypass Pumping of Existing Sewer Systems 12/20/2012 33 04 10 Joint Bonding and Electrical Isolation 12/20/2012 33 04 11 Corrosion Control Test Stations 12/20/2012 33 04 12 Magnesium Anode Cathodic Protection System 12/20/2012 33 04 30 Temporary Water Services 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 33 05 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 33 05 12 Water Line Lowering 12/20/2012 33 05 13 Frame, Cover and Grade Rings – Cast Iron 01/22/2016 33 05 13.10 Frame, Cover and Grade Rings – Composite 01/22/2016 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 12/20/2012 33 05 16 Concrete Water Vaults 12/20/2012 33 05 17 Concrete Collars 12/20/2012 33 05 20 Auger Boring 12/20/2012 33 05 21 Tunnel Liner Plate 12/20/2012 33 05 22 Steel Casing Pipe 12/20/2012 33 05 23 Hand Tunneling 12/20/2012 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 06/19/2013 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 11 05 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 12/20/2012 33 11 14 Buried Steel Pipe and Fittings 12/20/2012 33 12 10 Water Services 1-inch to 2-inch 02/14/2017 33 12 11 Large Water Meters 12/20/2012 33 12 20 Resilient Seated Gate Valve 12/20/2012 33 12 21 AWWA Rubber-Seated Butterfly Valves 12/20/2012 33 12 25 Connection to Existing Water Mains 02/06/2013 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 6 Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised March 20, 2020 33 12 40 Fire Hydrants 01/03/2014 33 12 50 Water Sample Stations 12/20/2012 33 12 60 Standard Blow-off Valve Assembly 06/19/2013 33 31 12 Cured in Place Pipe (CIPP) 12/20/2012 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 12/20/2012 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 12/20/2012 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 12/20/2012 33 31 22 Sanitary Sewer Slip Lining 12/20/2012 33 31 23 Sanitary Sewer Pipe Enlargement 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 Force Mains 12/20/2012 33 39 10 Cast-in-Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 Fiberglass Manholes 12/20/2012 33 39 40 Wastewater Access Chamber (WAC) 12/20/2012 33 39 60 Epoxy Liners for Sanitary Sewer Structures 12/20/2012 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 12/20/2012 33 41 12 Reinforced Polyethlene (SRPE) Pipe 11/13/2015 33 46 00 Subdrainage 12/20/2012 33 46 01 Slotted Storm Drains 07/01/2011 33 46 02 Trench Drains 07/01/2011 33 49 10 Cast-in-Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 34 41 10 Traffic Signals 10/12/2015 34 41 10.01 Attachment A – Controller Cabinet 12/18/2015 34 41 10.02 Attachment B – Controller Specification 02/2012 34 41 10.03 Attachment C – Software Specification 01/2012 34 41 11 Temporary Traffic Signals 11/22/2013 34 41 13 Removing Traffic Signals 12/20/2012 34 41 15 Rectangular Rapid Flashing Beacon 11/22/2013 34 41 16 Pedestrian Hybrid Signal 11/22/2013 34 41 20 Roadway Illumination Assemblies 12/20/2012 34 41 20.01 Arterial LED Roadway Luminaires 06/15/2015 34 41 20.02 Freeway LED Roadway Luminaires 06/15/2015 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 34 41 30 Aluminum Signs 11/12/2013 34 41 50 Single-Mode Fiber Optic Cable 02/26/2016 34 71 13 Traffic Control 11/22/2013 00 42 43DAP - BID PROPOSAL3ageloflSECTION 00 42 43Developer Awarded Projects - PROPOSAL FORMUNIT PRICE BIDBidder's ApplicationProject Item InformationBidlistltemlNo.DescriptionSpecification Section No.Unit ofMeasureBidQuantityBidder's ProposalUnit PriceBid ValueUNIT IV: PAVING IMPROVEMENTS12345678910113125.0101 SWPPPSlacre3211.0600 Cement3211.0702 8" Cement Treatment3213.0101 6" Cone Pvmt3213.0103 8"ConcPvmt3213.0301 4" Concrete Sidewalk3213.0506 Barrier Free Ramp, Type R-l3213.0507 Barrier Free Ramp, Type P-l3441.4003 Furnish/lnstall Alum Sign Ground Mount City Std.3291.0000 Topsoil3292.0100 Block Sod Placement31 25 0032113332113332 13 1332 13 1332 12 2032 13 2032 13 2034413032 911932 92 13LSTNSYSYSYSFEAEAEA0'SYI26412,54011,4553253,875468633,407TOTAL UNIT IV: PAVING IMPROVEMENT^!$8,500.00|$176.57|$3.23]$44.001$54.65|$5.52]$1,708.72|$1,626.92|$425.00|$18.83|$5.58|$8,500.00$46,614.48$40,504.20$504,020.00$17,761.25$21.390.00$6,834.88$9,761.52$3,400.00$1,186.29$19,011.06$678,983.68Bid SummaryUNIT IV: PAVING IMPROVEMENTSTotal Construction Bid$678,983.68$678,983.68This Bid is submitted by the entity named below:BIDDER:L.H. Lacy Company, LTD1880 Crown Dr, Ste 1200Dallas, TX 75234BY: Bobby GordonTITLE: PresidentDATE: •. , •.Contractor agrees to complete WORK for FINAL ACCEPTANCE within 40 working days after the date when theCONTRACT commences to run as provided in the General Conditions.END OF SECTIONCITY OF FORT WORTHSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTSForm Version May 22, 201900 42 43 Bid Proposal DAP.xls 00 45 11 - 1 BIDDERS PREQUALIFICATIONS Page 1 of 3 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102078 Revised April 2, 2014 SECTION 00 45 11 1 BIDDERS PREQUALIFICATIONS 2 3 1. Summary. All contractors are required to be prequalified by the City prior to submitting 4 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 5 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 6 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 7 Prequalification Application in accordance with the requirements below. 8 9 The prequalification process will establish a bid limit based on a technical evaluation and 10 financial analysis of the contractor. The information must be submitted seven (7) days prior 11 to the date of the opening of bids. For example, a contractor wishing to submit bids on 12 projects to be opened on the 7th of April must file the information by the 31st day of March 13 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder’s 14 Prequalification Application, the following must accompany the submission. 15 a. A complete set of audited or reviewed financial statements. 16 (1) Classified Balance Sheet 17 (2) Income Statement 18 (3) Statement of Cash Flows 19 (4) Statement of Retained Earnings 20 (5) Notes to the Financial Statements, if any 21 b. A certified copy of the firm’s organizational documents (Corporate Charter, Articles 22 of Incorporation, Articles of Organization, Certificate of Formation, LLC 23 Regulations, Certificate of Limited Partnership Agreement). 24 c. A completed Bidder Prequalification Application. 25 (1) The firm’s Texas Taxpayer Identification Number as issued by the Texas 26 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 27 number visit the Texas Comptroller of Public Accounts online at the 28 following web address www.window.state.tx.us/taxpermit/ and fill out the 29 application to apply for your Texas tax ID. 30 (2) The firm’s e-mail address and fax number. 31 (3) The firm’s DUNS number as issued by Dun & Bradstreet. This number 32 is used by the City for required reporting on Federal Aid projects. The DUNS 33 number may be obtained at www.dnb.com. 34 d. Resumes reflecting the construction experience of the principles of the firm for firms 35 submitting their initial prequalification. These resumes should include the size and 36 scope of the work performed. 37 e. Other information as requested by the City. 38 39 2. Prequalification Requirements 40 a. Financial Statements. Financial statement submission must be provided in 41 accordance with the following: 42 (1) The City requires that the original Financial Statement or a certified copy 43 be submitted for consideration. 44 00 45 11 - 2 BIDDERS PREQUALIFICATIONS Page 2 of 3 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102078 Revised April 2, 2014 (2) To be satisfactory, the financial statements must be audited or reviewed 1 by an independent, certified public accounting firm registered and in 2 good standing in any state. Current Texas statues also require that 3 accounting firms performing audits or reviews on business entities within 4 the State of Texas be properly licensed or registered with the Texas State 5 Board of Public Accountancy. 6 (3) The accounting firm should state in the audit report or review whether 7 the contractor is an individual, corporation, or limited liability company. 8 (4) Financial Statements must be presented in U.S. dollars at the current rate 9 of exchange of the Balance Sheet date. 10 (5) The City will not recognize any certified public accountant as 11 independent who is not, in fact, independent. 12 (6) The accountant’s opinion on the financial statements of the contracting 13 company should state that the audit or review has been conducted in 14 accordance with auditing standards generally accepted in the United 15 States of America. This must be stated in the accounting firm’s opinion. 16 It should: (1) express an unqualified opinion, or (2) express a qualified 17 opinion on the statements taken as a whole. 18 (7) The City reserves the right to require a new statement at any time. 19 (8) The financial statement must be prepared as of the last day of any month, 20 not more than one year old and must be on file with the City 16 months 21 thereafter, in accordance with Paragraph 1. 22 (9) The City will determine a contractor’s bidding capacity for the purposes 23 of awarding contracts. Bidding capacity is determined by multiplying the 24 positive net working capital (working capital = current assets – current 25 liabilities) by a factor of 10. Only those statements reflecting a positive 26 net working capital position will be considered satisfactory for 27 prequalification purposes. 28 (10) In the case that a bidding date falls within the time a new financial 29 statement is being prepared, the previous statement shall be updated with 30 proper verification. 31 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 32 submitted along with audited or reviewed financial statements by firms wishing to be 33 eligible to bid on all classes of construction and maintenance projects. Incomplete 34 Applications will be rejected. 35 (1) In those schedules where there is nothing to report, the notation of 36 “None” or “N/A” should be inserted. 37 (2) A minimum of five (5) references of related work must be provided. 38 (3) Submission of an equipment schedule which indicates equipment under 39 the control of the Contractor and which is related to the type of work for 40 which the Contactor is seeking prequalification. The schedule must 41 include the manufacturer, model and general common description of 42 each piece of equipment. Abbreviations or means of describing 43 equipment other than provided above will not be accepted. 44 45 3. Eligibility to Bid 46 a. The City shall be the sole judge as to a contractor’s prequalification. 47 b. The City may reject, suspend, or modify any prequalification for failure by the 48 contractor to demonstrate acceptable financial ability or performance. 49 c. The City will issue a letter as to the status of the prequalification approval. 50 00 45 11 - 3 BIDDERS PREQUALIFICATIONS Page 3 of 3 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102078 Revised April 2, 2014 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid 1 the prequalified work types until the expiration date stated in the letter. 2 3 4 5 6 7 END OF SECTION 8 9 00 AS ] 2 DAP PRGQIJALiA[('ATION 5"CATEMEN"f' Page I nf I sECTrorr oo as xz DAP — PREQUALIFICATION STATEMENT Each Biddet• is required to complete the information bclow by identifying the prequalified conti•actors andlar subcontt•actors wilom tlfey mtend to utilize iar tf�e major wo�'1< type{s) listed. I�� tE�e "Majar Wo�•1< T e" box i'ovide tl�e co�n lete ma�oi• warEc e and actual descri tion as rovided b tfle Wate�� Depart�x�eni for watcr and sewer and TPW fot• pavin� Major Worlc Type Contractoi•ISubcontractor Company Nan�e Prequalificat�on Ex iration Date Concrete Paving Construction/ Reconstruction L.H. Lacy Company, LTD G130/2023 (Less tIian 15,000 SY} Tlte u��det'signed l�ei•eby certifics that tlfe contractors andlot• subcontractors described in tlie table above ar•e cut•rently prec�ualified for the worlc types listec�. SIDDER: L.H. Lacy Coinpany, LTD 1 SSO Crown Dr, Ste 1200 Dallas, TX 75234 BY: Bobby Gordon (Si atu e) TITLE; President DATE: � � IS �Zv2l END OF SECTION CITY OF POR'C WOR'I'H S'CAN�A2D CONS"fRl1CC[ON PRF.QUALIPICATION STATGML•NT— �HVL•LOPER AWARDED PROJECTS Oak Rldge, P118Se 2 Pann Version Scg�tcinhcr I, 2015 CPN 1�2Q7g 00 45 2G - 1 CONTRACTOR COMPLIANCL•' WITH WORKER'S COMYEiNSA'1'CON T.,f1W Page I ol 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3Q SECTION 00 �5 26 CONTRACTOR COMPLIANCE WITH WORK.ER'S C�MPENSATION LAW Pursua��t to Texas Labor Code Section 406,096(a), as amended, Cont��actor certifies tl�at it provides wo�'lcet•'s compensation insut•ance coverage for all of its e�uployees employed on City Pt•oject No. 102078. Contt•actor further ce�'tifies t�iat, pursua��t ta Texas La�or Cocie, Sectio�� 406.09&(b}, as ainended, it �aill provide to City its subcont��actor's certificates nf compiiance with worlcec•'s cotnpe�isation covet•age. CONTRA.CTOR: L.H. Lacy Compa«y, Ltd. Company .1880 Crown Road, Ste 1200 Address Dallas, Texas �5234 CirylState/Zip THE STATF. OF �FEXAS COUNTY OF '1'ARR.ANT � � By: � � C'o��o�. - {Pfease P�'int) S ignature: Title: ��Sr��n� I (Please Print) BE�ORE ME, tlle ndet'signecl authority, o�i this day persanally appeared f`' !� , lc�iown to i»e to be tile person wlzose ��ame is subsc�•ibed to he foregoing instruine�tt, and acl<novvledged to rne that Ifelshe executed the sail�e as tlae act and deed of L.H. Lac.�iipanv, Ltd. fo�' tl�e �urposes and consideration tl�erein expressed and in tlfe capacity therein stated. 31 32 GIVEN LTNDER MY HAND AND SEAL O�' O��TCE this 1. � da.y of 33 �� t�t-�,t , 2021. 34 - 35 ']� � � . � 36 �' Lf� � �� 37 ,•�;�:�;�i�;.; pq1JVi�iMIGHELLE�-��� otaiy Public in and for fe tat of Texas °_� '° ' My typ�ry I�i # 11380314 3 8 ;�,�+�; �iras�►9ust 8, 2022 �.,,�.... �,; � oP„� 39 END OF SECTION 40 CITY Ol� POR'C WORTH Oak Ridgc, Yl�ase 2 STANDARB CONS"1'EtUC7'ION SPECIF[CATION llOCUMBNTS CPN 102Q78 Rcvised April 2, 2014 07/15/21 00 52 43 - 2 Developei• Awarded �rnjcct Agreemeut Yage 2 of �} 37 Article 4. CONTRACT PRICE 38 Developer agrees to pay Contractor %r perforniance of tlae Wark in accordance witi� the Contract 39 Documaiits an ati�ount ita curre�tt funds of Six Hundi•ed Sevei�ty-Eight Thousand Nine Hundred �0 Eightv-Tl��•ee az�d 681100 Dol[ars ($G78,983.68). 41 Ai•ticle 5. CONTRACT DOCUM�NTS 42 5.1 CONTENTS: 43 44 45 46 �37 48 49 50 51 52 53 54 55 56 57 58 59 A. The Contract Docu���exlts wl�iclx conaprise thc entire agreeinent between Developer and Co�tractor conce�•nvig tiie Woi�lc consist of the %llowin�: '1'his Agreement. 2. Attachments to tliis Ag��ec�ncnt: a. F3id i'o�'m (As provicied by Develaper) 1) P�•oposal Form (DAP Ve��s�on} 2) Prequali�cation Stateii�ent �� c+.,s„ ,,,,,� �,,,a,,..,,i �r�,,,,,,,,,�+� r,,,.,,;,,,,+ � ,.;�;�I � Gj b. InsuE•ance ACORD Form(s) c. Payxiiea�t Boz�d (DAP Vei•sio�i} d. Perfot•mance Bond {DAP Versior►) e. Maintenance Bond {DAP Vet'sion) f. Powe�' o�flttorney for the Bonds g. Worl<er's Coinpei�sation Afiidavit ii. T��f1�T�' .!l,... CAP-, /�'..,,,,�,�1�,�,cni�-rcc([[xrca7 3. Sta��ciacd City Genet•al Conditions of the Consteuction Cantract for Developet' Awat•ded Peojects. b0 4. Supplementaiy Conditions. 61 5. Specifications specifically made a part of the CaiZtt•act Docu���ents by attachine��t 62 or, if iiot atEached, as incor•pa�•ated by refere��.ce aad dese�•ibed in the �'able of 63 Contents oithe Praject's Co1�t�'aci Documents. 64 6. D�-awi��gs. 65 7. Addenda. 66 67 68 69 70 7[ 72 73 74 8. Documentation sub►Iiitted by Contractor prior to Notice of Ar�vard. 9. Tlle following which may be delive�'ed oi• issued afte�• tl�e Effective l�ate of #he Agreement a�zd, if issued, become an incorporated part of the Contract Documcnts: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Pinai Acceptance. CITY OP 1'OR'1' WOR'1'I-I Oak Ridge, Pliasc 2 STANDARD COI�STRUCT[ON SPLC][�1CAT[ON DOCUMEAITS—DGVELOPLItAWf1,I�DF,D PROJECTS CPN 102078 Revised June IG, 201G QO 52 �43 - 3 Devcloper A�varded Yraject A,greement Pa�c 3 of4 75 76 77 78 79 80 81 82 83 84 85 86 87 SS 89 90 91 92 93 94 95 96 Article 6. INDEMNIFYCATYON 6.1 Contracto3• covenai�ts a��d ag►•ees to iy�deYnnify, l�olc� liarniless and defenc�, at its owrt ez�pe�tse, tl�e ciiy, its of�cet•s, se�vants and employees, fa•onn at�d agaiYist any and all clairns arising out of, or al[egec� to arise out of, the worlc aYid scrvices to be perfoemed by the co»tracto��, its ofiicers, agents, employees, subco»tractoes, licenses o�• 'rrivitees uaadea• �his contr•act. This indem�tificatinn i•ovision is s�eci�call iyite��ded to o es•ate and be effective even if it is alle�ed oa• p�•overi that all ot• some of #lie dama�es beiaa� sou�ht we�•e caused, in who3c oi• in part, bY anv act, omission oa• �e�lige�►ce of the ci#y. This inde�tinity provisiou is intendcd to iaaclude, witltout limitation, indemniiy foe costs, expenses and legal fees incuY•red 6y tl�e city en defending against sucl� claims aYid causes of actio��s. G.2 Ca��tractor coveuants and agrees to indem�a�ify a�zd laold ha�•m[ess, at its own expense, the city, its of�cers, servants a��d em�loyees, from and agai��st any and all loss, darnage or dest�•uctio�a of pY�aperty of the city, arising out of; oe alreged �o ��•�se out of, the work and services #o be perfoi•�ned by tlie coaat�•acioR�, its ofirce�•s, agents, employees, subco��teactol•s, licea4sees a�• irivitees under tliis co��tract. Tl�is iude���ti�catioy� provision is specifically intended ta o�ei•ate and be effective eveaa if it is alle�ec3 or proven tl�at all or some of the dama�es beiyig sou�ht wc�•e caused, in wl�ole oi• i» pa�•t, bv anv act, omissio�� o�• neg�l'r�eYice of the city. Article 7. MISCELLANEOUS 97 7.1 Ter�ns. 98 `I'e�•�ils used ii� th�s Agceemeiit are de�x�ed in Aeticle I of the Standard City Conditions of 99 tlic Constr�iction Cot�tract for Develo�er Awarded Projects. l00 7.2 Assigizment of Contract. 161 Tliis Agree�nent, including all of thc Contcact Documents may uot be assig�led by tlfe l02 Contt'actor wiihout the advanced express written canseni of the Developer. I03 7.3 Successo�'s and Assigns. 104 Developei• and Contractot• each l�i»ds itself, its partners, successors, assigns and lega[ LOS E•epresentatives to the other party hereto, in x'espect to al[ covenants, agreements and l06 obligations contained i�1 lhe Contract Documents. IQ7 7.4 Severability. l08 Any provision a�� pa�'t of tlfe Contract llocuinents held to be uncanstih�tio��al, void ort' 109 unenfo�•ceable by a court of coinpetent ju��isdictio�� slaa�l be deemed stricl<en, and aIl 110 re�nainii�g peovisians shall continue to be valid and binding upon DEVELOPER and 111 CONTRACTOR, 112 7.5 Governing Law a��d Venue. 113 This Ag�'ee�nent, including all of tl�e Contract Documents is pez'fn�'�nable in the State of 114 `i'exas. Vei�ue shall be Tarrant CoiXi�ty, Texas, or the United States District Cou�-t for the I 15 Nocthern District of Texas, Fort Wortli Division. CITY OP POR'C WORTH Oak Ridge, Ph�se 2 ST�INDARB CONSTRUC"1'ION SPF,CEFICATION DOCUIvfEN'CS -- DL'VLLOPF.R �WARDED PROJCC7'S CPN 1U2078 RevisedJiu�e 1G,201G 07/15/21 15thJuly � 006213-2 P�RPORMANCE BOND Page 2 of2 PROVIDED FURTHER, that if a2ry legal action be filed on this Bond, venue shall lie in 2 Tarrant CQunty, Texas or the United States Disti•ict Court for the Northern Distt�ict of Texas, Fort 3 Wor�fh Division. 4 Th�s bond is made and executed in compliance with the provis�ons of Chapter 2253 of the 5 Texas Goverm�fent Code, as amended, and all liabiiities on this bond shall be determined in accardat�ce with the provisions of said statue. IN WITNES� WHEREO�', the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and ofticers on this the i? day of =J.�. � , 2021. G 7 8 9 PRINCIPAL: L.H. LacY Company _Ltd, _ . „ ST L . ��C. L � (Principal) ecretary � Witness as to Prmcipal �— W itness as o Surety AI Johnson BY: Signatur � Bobbv Gordon, President Name and Title Address: 1880 Crown Road Ste 120Q Dallas, Texas 75234 SURETY: Grea! American Insurance Company BY: r' � �� ;��'�v Signature ' Rita G. Gulizo, Atiorney-in-Fact Name and Title Address: 301 �. Fourth Sireet Cincinnati, ON 45202 Telephone Number: (593} 369-5000 *Note: If signed by an of�icer of the Surety Company, there must be on file a certified extract fi•o�n the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different fro�n its mailing address, botl� must be provided. The date of the bond shall not be peioe to the date the Conteact is awarded. CI'I'Y OF FOIt7' WOCt'I�H Dak Ridge, Phase 2 STANi]ARTI CITY COND[TIONS — DEVELOP�R AWA[�DED PROIECTS CPN 1@2078 Revised.lam�ary 31, 2012 10 13 12 13 14 15 16 17 18 ]9 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4a ai 42 43 44 45 �46 15thJuly 1 2 3 00 62 l4 - 2 PAYMENT BOND Yage 2 of 2 This bond is made and executed in compliance with the provisians of Chapter 2253 of the 'Texas Gavernment Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. 4 IN W�TNESS WHEREOF, the Principa[ and Su►•ety have each SIGNED and SEALED 5 this instrurnent by duly a�tharized agents and officers on this the� day of 6 � ,�� , 2021. 7 $ 9 10 11 12 13 14 15 1G I7 18 i9 20 21 22 23 24 25 2G 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ATTBST: � ..�� �, �� � (Principa ) Secretary Witness as to Arinc�pal Witness as t Surety AI Johnson PRiiVCIPAL: L.H. Lacv Companv. Ltd. BY: Signatur � Babbv Gordon, President NaEne and Title Address: 188Q Crown Road Ste 1200 Dallas, Texas 75234 _ _ _ _ _ _ SURETY; Great American Insurance Company BY: �` � + S�gnature � Rita G. Gulizo, Allorney-in-Fact Name and TitEe Addres5: 301 E. Fourih Slreet Cincinnati, OH 45202 � Telephane Number: {513) 369-5000 Note: If signed by an offcee of the Surety, there must be on file a certified �xtract from the bylaws showing that this pe��son has authority to sign such oblsgation, If Surety's physical adcEress is different fi-om its mailitag addc•ess, bnth must be pr•ovided. Tl�e date of the bond shall not be prior to the date the Contract is awarded. 44 �ND OF SECTION CITY OP PORT WCIRTI{ STANDARD CITY COIVDiTiONS — DEVELOPIiR AWARDED PROJEC"�S Reviscd January 31, 2Q12 Oak Rr�Jge, Plrase 2 �C'PN 102078 15thJuly ao62 i�-z [v1AI1VTEtVANCE BOND Page 2 of 3 1 2 3 4 S 6 7 8 9 10 31 12 13 14 1S 16 17 18 19 2U 21 22 23 WHEREAS, Pa'incipal binds itself to repair or reconstruct the Wo�•k in ��vhole oi• in part upon receiving notice from the Developer and/or City of t}ae need thereof at any time within the Maintenance Period. NOW THEREFORE, the condition of khis abligation is such that if Principal shal! remedy any defective Wor•k, for which timely notice was provided by Developer ot' City, to a completion satisfactory ta the City, then this obligation shall become null and void; atherwise to remain in full force and effect. PROVIDED, HOWEV�R, if Principal shall fail so to repair or recoi�steuct any timely noticed defective Wot•k, it is agreed tliat the Developer or City may cause any and a!1 such defect�ve Work ko be repaired andlor reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be fileci on this Bond, veraue shall lie in Tarrant County, Texas o�' the United States District Court for the No��thern District of Texas, Fort Worth Division; and PROVIDED FURTH�R, that this obligation shall be continuous in na#ure and successive i•ecaver•ies may be had hereon for successive i�reaches. CITY OF FdRT WOR"I'H STANDARU CITY COtVDITIONS — DEVELOPE[i AWARI7Ed PR07ECT5 Revised January 31, 2U12 Oak Ridgc, Phase 2 CPN ]02078 006219-3 MAINTIsNANCE BOND Page 3 of 3 1 IN WITN�SS WHCR�O�', the Principal and the 5urety have each SIGNED and SEAI.ED this 2 instrument by duly authorized agents and afficers on this the __ �___ day of 3 �^ ��1 , 2021. S PRINCIPAI.: 6 L.H. Lacy Compan,,,y, Ltd. 7 S 9 .. � 14 A EST: � ' ll � 12 ' � , / 13 {Principa Secretary 14 IS IG 17 18 f% 19 Witness as to Principal 20 21 22 23 24 25 26 27 28 29 30 31 32 33 �.P��S�,u-5�v, 34 Witness as 'Snrety AI Johnson 35 36 *Note 37 38 39 40 L�I BY: Signature t___ Bobbv Gordon, President Name and Title Address: 1880 Crown Aoad Ste 12Q0 Dallas, Texas 75234 SURETY; Great American Insurance Company BY: � �fs� _ Signature '� Rita G. Gulizo, Aiiomey-in-Fact Name a�id Title � y Addl'es5: 301 E. Fourth Street Cincinnati OH 45202 Teleplfone Number; (513j 369-5U00 If signed by an officer of the Surety Corrapany, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. [f Surety's physical address is different from its �nailirag address, both must be provided. The date af the bond shall not be prior to the date the Contract is awarded. C1TY OP PORT WORTH Oak Ridge, Phase 2 3TANDAIU] Ci"3'Y COi�IDITIONS — D�VELOPER AWARDEb YRQJECTS CPI� iD2U78 Revised lanuary 31, 2012 GREAT AMERICAN INSURANCE C�MPANYO Administrati�e Office: 301 E�FTH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number oFpersons auihorized by this pawer of attorney is not more than THREE No.O 19964 POWER OI'ATTORNEY KNOW ALL MEN BY THES� PR�SENTS: That Ihe GRB�ITAMERICAN [N5URANCE COMPANY, a corporation organized and existing under a�ad by virhee of the laws of tl�e S�ate of Ohio, does heraby nominate, cooslitule and appoint the person or persons named Uelo�v, each individually if more than one is named, its Irue and la�vfiil attorney-in-fact, for it and in its name, place and stead to execule on behalf of the said Company, as surety, any and al! bonds, undarEakings and contracts of surctyship, or otEter �vritten ohligations in the nature tUereof; prvvided t��at tUe liability of the said Company on any such bond, undertaking or contract of suretyship executed uncier tUis autUority sliall not exceed the limil stated below. RITA G. GULIZO SUSAN D. ZAPAI.OWSKI DAVID T. MlCLEiT� Name Address ALL p� NEW ORLEANS, LOUISIANA Limit af Power ALL $700,OOD,D00 This Power ofAttorney revokes ali prcvious powers issued on behalf of the attomey(s)-in-fact named above. IN WI`FNESS WHEREOF the GREAT A�vIERICAN INSURANCE COMPANY has causad Ihese presents to be signed and attes�ed by its appropriate officers and its corporate seal hereunto af�ixed this 13TH day of APRIL 202D . Attesi GREAT AMERICAN INSURANCE CQNIPANY �� Vl�'� � �slYir � � • i � ? � � �i .f:i j e *�,���• �� , � � �ssis7mN Sea�elm�� D�s�istmial Senim� i ice Pv�esidenl STATE OF OI 1I0, COUNTY OF HAMILTON - ss: MARK VECARlO {877-377-2405) On Ihis 13TH day of APRlL , 2020 , be%re me persoually appeared MARK VICARIO, to me kno�yn, being duly sworr�, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice Presideut of the Band Division of Great American Insurance Company, the Company described in and tivhich executed the above instrument; that he knows the seal of the said Gompany; that lhe seal affixed to the said instrument is such corporate seal; that it was so affixed by authoriry of his office under the By-Laws of said Company, and that he signed his name thereto by iike authority. \`�� , SUSA�k A KOHOR$T ;���1�,';, Notary Puhlic ��` ��° State oi Ohfo �°����y �' My Comm. Exptres May 18, 2025 � � �� This Power of Atcorney is granted by authorily of lhe Follo�ving resolutions adopted by tkie Board of Directors af Great American Insurance Company by unanimous written consent dated June 9, 2008. RESDLY6'b: Tha1 rlre Dirisiorlal Presidelrt, 11�e sevet•n! Divisronal 3enior �ce Presrderats, Divisrona! �ce Pr•esrdel�ls und Drvisorral Assisla�r! �ce Presrde��rs, or arry v�ie of tlreur. be asd hereby is authni•{zed, fi�our tinre to �ime, to appoirTt oxe of- irior�e A►lorvieys-rn-Fuc� to esecarre oia bel�alf of the Cwnl�ar�y, as san-et��, ai��� a�ad a!! bonds, aurderlukii�gs und cnrzlract.s ofsrmelyship, or olher tivrittei� obligations i�a 1he nati�re d�ereof to�r•escrrbe then� r•espectn>e duties a�id tive respective li»irts oflherr atrlhai�ily; und to revoke an�� suclr appoiirh�ret�t at ait)� lirt�e. RCSDLYGD FURTHER: Thaf fhe Couipany seal and the signattrre of a�ry of die nforesaid officers arrd aiTy Seci•etary or Assrslanl Secretary of tlae Corapa�ry ntay 6e a.�J{red bp facsimile ro any poirer of a!(orney or cerl�care of eilher giren for die e.recutiar� af any bor�d, tinderlaking, conlract a f sto•eiyship, or olher it�ritte�r o6liga�ion ir1 71re iiaftrre 16er�enf, strcli signatarre aiid sea! is�he�a so �esed being here6y adopled �y 11ie Carr�aia�> as tlre or�rgn�a! sig�ratr�r�e of sarch a�'rcer and Ihe orrgi��a! seal of 1he Courpafry, 10 be valid arrd bnading upoia the Contpany �s�idr 11re saixe for•ce and effecl as rhaegh nianxall�> a,�Zred. CERTITICATION I, 5TEPHEN C. BERAHA, Assislliit Secretary of Grcat American Insurance Company, do hereby certify tl�at the Foregoing ?o«•er �t Attnmey and the Resolutions of the Board of Direccors af June 9, 2008 have not heen revoked and are no�v in flill force aud eE�'ect. Signed and sealed this I�jt"� b}n �I�y��. .........., 3: ,,...i:y;�$ �:�.y� ,'' � . . , .. day oe � wy J ZbZ 1. �- c'. � �,.�, �I ssrsfmit Sec•re7nry S1029AH (03l20} GRIiAT�LJ���,� INSURANCEGROUP IMPORTANT NOTICE: Great American Insurance Company of New York Great American Alliance Insurance Company Great American Insurance Company To obtain informatian or make a co�nplaint: YOU 111'ciy CUI]LiICE ��le TeX1S De�3t'iIll�ll� pF CT1SUf�lilCe t0 Ovli�l]] 1i1�01'lll8t1011 OIl COl71Pa�lies, caverages, rights or compl��ints aC 1-500-252-3439 You may write th� Texas D�part�i�ent oT Insurance at: P.O. Bax 14)1 [)4 Austin, TX 78714-9091 �'AX: 1-512-49D-10Q7 Your notice of claim agtiinsC the attaclfed bnnd may be given to the su�•ety comp�ir�y that issued �he bond by sending it by certiFied or eegiste�•ed �nail to the following add�-ess; Mailing Address: Great American Insurance Company P.O. Box 211a C111C]11I]i1t1, O�fio 45202 Physical Add��ess: Great American Insur�i�ice Camp�tny 30l F. Fourth Street Cinci�t��ati, Ohio 45202 You may also contact the Gz�eat American Ins«rance Company Claim office by: F�lx: Telephone; Lmai I: 1-H88�29Q-37QC� 1-513-3fi9-5{19! bondclaitns@gaic,com PREMIUM OR CIfAIM DISPUTrS: I� y0U �li1Ve �l (iIS}JLl�O GOI1Cel'lllll� 1�)I'tI111U171, you should coi�tact the a�ent first. If you have a dispute concerning a claim, yuu should co�itact th� company first. lf the dis�x�te is not re5�lved, yc�u t��ay contact tt�e Texas Departi3ient of Insurance. ATTACH THIS NOTICI+P TO YOUR �30ND: This notice is for inForit�aiion oi�ly at�d does i�ot becc�me a p�iri or condition of the attached document. r,<�r,r}�A (ioiifiy 7HIS ENDORS�MENT CHANGES THE POLfCY. pL�ASE READ IT CARE�Uf.LY. TEXAS CONTRACTOR'S BLANKET ADDIT�{aNAL INSURED ENDORSEMENT — FORM A This endorsement modifies insurar�ce provided und�r the following: COMMEf2ClAE. C�NERAL. L.IA�IL,fTY CE]VERAGE PART Pnlicy Numher Agency Number �olicy EfFetti�e bate CPP20675291201 076533D U2/01/2021 Policy Expiratton Date Date Account Number 02/07/2q22 a2/Q]./7..Q21 20017633 Narried Insured Agency Issuing Campany I,.H. LACY COMPANY, LTD, BOWEN, MICLETTE & BRITT AMERTSUR� zNSURANGE INSURANCE AGENCY, LLC COMPANY 1. a. S�CT[ON li - WHO 15 AN INSURE❑ is amendect to add as an additianal insured any person or organization whorn you are required to add as an additional insured on this policy under a written contract or written agreement relating ko your business. b. The written contraet or written agreement must: (1} Require additianal insured st�#us far a time �eriod during ti�e term of this policy; and {2) Be execuied prior ko the "bodily injury", "property damage", or "persar�al and advertising injury" lead'+ng to a claim under this policy. c. If, howe�er: (1j "Your wark" 6egan under a letter of inter�f nr work order; and (2) The letter of intent or work order led to a written contract or written agreerrten# witi�in 30 days of beginning such wark; and (3) Your Customer's custamary contracts require persons or organizations to be named as additional insureds; we will pravide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: �. ThaE person or organizatian is an additional insured only with respect tn liability caused, in whole or in p�ri, by: (i} Premises you: {a) Own; (b) Renk; (c) Lease; or (d) accupy; {2) Ongoing operations perfarmed by you ar on yaur b�F�alf, Ongoing operakions does not apply to "bodily injury" or "�roperty damage" occurring after: (a) All work to be performed by you or on your behalf for the additional insured(s} at the site af the covered aperakions is cornplete, including reiated maierials, parts or equipment (otherthan service, maintenance or repairs); ar (6} That portion of "your work" out of which the injury ar darnage arises is put to iks intended use by any persan or organization other Ehan another contractor wnrking for a principal as a part of the same project Includes copyrighted material of Insurance Services Office, Inc. CG 70 85 70 1S Pages 1 of 3 kolxcy Number: CYP20675291201 Effective Date: 02/O1/2021 -- 02/01/2022 (3) Compfeted operatians coverage, but only if: (a) The writien contract or written agreemer�t requires completed nperations coverage or "yaur work" coverage; anci {b) This coverage part pravides coverage far "bodify injury" or "prapeKy damage" included within the "praducks-campleted operaEions hazard". However, the insUrance afForded to such additional insured only applies #o the extent permitted by law. b. If the written contract or written agreement: (1) Requires "arising aut of' language; or (2) Requires you to provid� addikianal insured coverage to that person or organization by the Use af e�ther nr both of the followEr�g: (a} Addition�l Irssured -- Owners, Lessees or Contractors — Scheduled Persan Or OrSanization endorsement CG 20 � 0 7 p 4i ; or (b) Additior�ai Insured — Owners, Lessees or Contractors — Completed �perations endorsement CG 20 37 10 01; then the phrase "caused, in whole or in part, by" in paragraph 2.a. above is replaced by "arising out of'. c. ff the written conEract or written agreement requires you to provicie additianal insured coverage to that person or organization by the use of: {1} Additional Insured — Owners, Lessees or Contraetors — Scheduled Person Or Organization endorserr�ent CG20�00704orCGz07Q0413;or (2) Additiona! Insured — �wners, Lessees or Cantractors — Campleted Operations enc�orsement CG 20 37 07 04 or CG 20 37 04 13; or (3) Both those endorsements with either of those edi#ion dates; or (4) Either or both of the following: (a) Additional lnsured — Owners, Lessees or Contractors — Scheduled Persor� Or Drganizatian endorsement CG 20 70 without an edition date specified; or {b) Additianal Insured — Owners, Lessees or Contractors — Completed Operation5 endorsement CG 20 37 without an edition date specified; then paragraph 2.a. above applies. d, Premi5es, as respects paragraph 2.a.('1) a6ove, include cnmman or public areas about such premises if so required in the written cantract or written agreement. e. Adcfitianal insured sEatus �rovided under paragraphs 2.a.{rt)(bj or 2.a.(�)(c) abave does noi extend 6eyond the end of a premises lease or rental agreement. f. The limits of insurance that appEy to the additional insured are the least of those specified in the: (1) Written contraet; (2) Written agr�ement; or (3) Dedarations of this policy. The limits of insurance are indusi�e of and not in additian to the limits of insurance shown in the peclarations. g, The insurance provided to the additional €nsured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising o�t of an architect's, enyineer`s, ar surveyor's rendaring of, or failure to render, any professional services, including 6ut not limited ko: (1) The preparing, approving, or faifing to prepare or approve; (a) Maps; (b) Drawi�gs: (c) Opinions; Includes capyrighted tnaterial nf Insurance Services Office, Inc. F'age 2 of 3 CG 70 85 '10 '15 Palicy Number: CPP2Q675291201 Effective Date: 02/OZ/2021 - n2/O1/2022 (d} Reports; (e) Surveys; (fl Chang� orders; (g) Design specifications; and (2) Supervisary, inspeCtion, ar enginaering senrices. h. SEGTfQN N- CQMM�I�CIAL GENERAL LIABILITY CONDIT10N5, paragraph a. Other insurance is deleted and raplaced wi#h the follnwing: d. Uther Insurance. Co�erage provided by this endorsemant is excess over any ofher �alid and collectible insurance availa6le to the adclitional Ensured wt�ether: a. Primary; b. Excess; �, Co�tingent; or d. On any other basis; but if the writter� contract or written agreement requires primary and non-cnntributory co�erage, this insurance will be primary and non-contributory refative to other insurance available to the additional insured which covers that person or arganizatian as a Named Insurecl, and we will not share with that other insurance. i. If the written contract or written agreement as outlined above requires additional insured status by use of CG 20 10 11 85, then the �overage �rovided under this CG 70 85 �ndarsement daes noi apply Qxcept for paragraph �,h. Other fnsurance. Additional insured staEus is limited to tt�at provided by CG 20 �0 11 8S shown below and paragraph 2,h. Other Insurance shown above, ADDIT�qNA�.1NSURED - OWNE'F2S, L�SS��S OR CO{V�RACTQRS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL G�fVERAL L]ABILITY COVEF2AGE PART. SCH�DIiLE Name of Person �r Organiza#ion: Blanket where required by written contract or wriEten agreement that the terms pf CG 24 10 11 85 apply. (!f no entry appears above, information required to complete this endorsement will be shown in th� decfarations as applicable to this endorsement.) W�fO iS AN 1NSURED {Sect�on I1) is amended to include as an insured the person or organization shown in the Schedule, but o�ly with respeci to liability arising out of "ynur work" far that insured 6y or for you. CG 20 10 '! 1 85 Copyright. [nsurance Services Office, Inc., 1984 The insurance provided by this endarsement daes nnt apply to any premises or vvork for which the person or qrganization is specifically lisied as an additional insured on anotf�er endorsement attached to this policy. Includes copyrighted material of Insurance Services Office, fi�c. CG 70 8S '10 'i 5 Pages 3 of 3 7HIS ENnORSEM�N7 CHANGES THE POLlCY. PLEASE READ iT CAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT -FORM A This endorsement modifies insurance provided underthe following: COMMERCIAL G�EVERAL LIABILITY C�VERAGE PART Paiicy Numher Agency IVumber Po[icy Effective Date CPP2d675291201 0765330 02/U1/2D21 Policy Expiration bate Date Account Numher 02/0�/2022 02/a1/z�21 20017633 Named In.sured Agency Issuing Company �,.H, LACY COMPANX, LTD, BOWEN, NiICLETTE & SR�TT AMERISURE INST}f�ANCE INSURANCE AG��1CX, I,UC COI�PRNY 1. a, S�CiION II - WHQ IS AN INSIJR�D is amended to �cld as an additional ins�red a�y person or organization whom you are required to add as an additional insured on this policy under a written cantract or written agreement relating to your business, b. The written eon#ract or written agreement must: (1} Require additional insured status for a time period during the terrn of this palicy; and (2) Be executed prior to the "bodily injury", "property damage", or "personaf and ad�ertising injury" leading to a claim under this policy. c, if, howe�er: ('I) "Your work" began under a letter of intent or work order; and (2) The fetter af intent or work order led ta a wriften conkract or written agreement within 30 days of beginning suth work; and (3) Your customer's customary contracts require persons or organizations ta be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance pro�ided under this endorsement is limited as fallows: a. That person or organization is an additional insured only with respect to Gability caused, in whole or in part, by; (1) Premises you: (a) Own; (t�) Reni; (�) L.ease; or (d) bccupy; (2) Qngoing operations performed by you or on ynur bef�alf. Ongoing operations does not appfy to "bodily injury" or "proper�y damage" occurring after: (a) All work Ea be perFormed �y you or on your hehalf for t�e additinnal insured(s) at the site of the cavered operations is complete, including reiated materials, parts ar equipment (other ihan service, maintenance or repairs); qr (b) That portion of "your work" out of which the injury or damage arises is put to its intended use I�y any person or organization other than another cor�Eractor working for a principal as a part of the same pro3ect, Includes copyrighted material nf Insurance 5ervices Office, lnc. CG 70 85 1 U 15 Pages 1 of 3 Palicy Num}�er: GPP2a67529�20x Ef£ect�ve DaCet 02/01/2021 - 02/01/2422 (3) Complated operations co�erage, but only if: {a) The written contract or written agreement requires compleied operations co�erage or "your work" coverage; ar�d {b) 7'his coverage part pravides coverage For "bodily injury" or "prnperty damage" induded within the "products-completed operations haaard". Howe�er, the insurance afforded ta such additional insur�d only applies to the extent permitted by law. b. If the written contract ar written agr�ement: (7) Requires "arEsing out of' language; or (2) Requires you to pravid� additio�al insured coverage to that person or organizatian by the use of either or both of Ehe followir�g: (a) Additional [nsured - Owncrs, Lesseas ar Confractors - Schetluled Person Or Organizatian endorsement CG 20 1 ��0 01; or (b) Additinnal Ir►sured - Owners, Lessees or Contractors -- Completed Op�rak+ons er�dorsement CG 20 37 10 0�; then the phrase "caused, in whole or in part, by" in paragraph 2.a, above is replaced by "arising out of'. c. if the written contract or written agreement requires yau to provide additional insured caverage to that person or organization by the use of: (1) Additinn�! Insured - Owners, Lessees or Contj�actors - 5cheduled Person Or Organization endorsement CG 2� � D 07 Q4 or CG 20 10 D4 13; or (2) Additional Insured - Owners, Lessees or Contractors - Completed Operatians endarsement CG 20 37 07 a�4 or CG 20 37 n4 13; or (3) Both ti�ose e�dorsements with either of those edition dates; or (4) Either or both af t�e fo[lawing: (a) Addikianal fnsured - Owners, Lessees or Contractors - Scf�eduled Persan Or Organization endorsernent CG 20 1 Q without an edition date speci�ed; or (b) Additional Insured - Owners, Lessees or Contractars - Campleted Operations endorsement CG 20 37 withouk an edition date specified; then paragraph 2.a. above appfies. d. Pre�i5es, as respects paragraph 2.a.(1) above, include commnn or public areas about such premises if so required in the written contract or written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b) ar 2.a.(1)(c) above does not extend beyond the end of a premises lease ar renta! agreement, f. The limits of insUrance t�ak ap�ly to the additional insured are the least of thase specified in the: (1) Written contract; (�) Written agreement; or (3) Declarations of this pol'scy. The limits of insurance are inclusive of and not in addition ta the limits of insurance shawn in ti�e Declarations, g, The insurance provided to the additionai insured does not apply to "bodi�y injury", "property damage", or "personal and adverEising injury" arising aut of an architecYs, engineer's, nr surveyor's rendering of, or failure to render, any pro#essional services, including but not limited ta: (7) The preparing, approving, or faifing to prepare or apprave: (a) Ma�s; (b) Drawings; (cj Opinions; Includes capyrighted material of Insurance Services Offic�, Inc. Page 2 of 3 CG 70 85 1D 15 Policy Number: CFP20675291201 Effecti�e Date: D2/Ul/2021 - 02/O1/2022 {d) Reports; (e) 5ur�eys; (fl Change orders; (g) Design sp�cifications; and (2) Supervisory, inspection, or engineering services. h. SECTION IV — COMMERCfAL �ENERAL LIA61LIi'Y CONDITIONS, paragraph �l. Other Insurance is deleteci and replaced with t�e following: 4. Oth�r Insurance. Co�erage provided by this andorsement is excess o�er any other valid and colfecti�le insurance availabl� to the additional insured whether: a. Primary: b. Excess; t. Contingent; or d. On any other basis; but if the written contract or written agreement requires primary and nott-cantrib�iory co�erage, this insurance wil! be primary and non-contri}�utory relative ta ather insurance available to the additional insured which covers that person or orc�anizatio� as a Named Insured, and we will not share wiih that other insurance. If the written co�tract or writien agreement as autlined abo�e requires additionaf insured status by use of CG 20 10 11 85, then the coverage provided unc4er this CG 7� 85 endorsement does not appfy except for paragraph 2.h. Dther Insurance. Acfditionaf i�sured status is limited to that provided by CG �0 10 11 85 s�own below and paragraph 2,h. Other �nsurance shawn above. ADDI'CIOIVA� INSIJRED - DWNERS, LE5SEE5 OR GbNTFtACTOR5 (FORM B) This endorsement modifies insurance provided under the following; COMMERCIAL GEIVERAL LIA8ILITY COVERAGE PART, SCH�[7UL� f�ame of Person or Organization: Blanket where required by written contract or written agreement that the terms of CG 20 10 11 85 apply. (If no entry appears above, information required to complete this endarsement will be shown in the E�ec�arations as applicable to this endorsement.) WHQ IS AN 1�15URE� {Section II) is amended to incEude as an insured the Person ar organizatian shown in the Schedufe, but only with respect to liability arEsing out of "your wark" far that insured �y or Fnr ynu. CG 20 10 7'i 85 Copyright, lnsurance Services Office, Inc., �984 The insurance provided by this endorsement does not ap�ly to any premises ar work far which the person or organization is spacifically listed as an acfditional insured on another endorsement attached tn this poliCy. Inclucles copyrighted material of Insurance Services Office, Inc. CG 7Q 85 'i 0 15 Pages 3 0# 3 00 72 00 - 1 GENERAL CONDITIONS Page 1 of 1 Oak, Ridge, Phase 2 CPN 102078 SECTION 00 72 00 1 GENERAL CONDITIONS 2 PART 1 - GENERAL 3 1.1 FORM OF GENERAL CONDITIONS 4 A. The General Conditions of this Contract is the Engineers Joint Contract Documents 5 Committee (EJCDC) Document C-700 “Standard General Conditions of the 6 Construction Contract”, 2007 Edition, hereinafter referred to as the “General 7 Conditions” and is attached following this page. 8 1.2 RELATED SECTIONS 9 A. Section 00 73 00 – Supplementary Conditions 10 1.3 SUPPLEMENTARY CONDITIONS 11 A. Refer to Document 00 73 00 for amendments to these General Conditions 12 PART 2 - PRODUCTS – NOT USED 13 PART 3 - EXECUTION – NOT USED 14 END OF DOCUMENT 15 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance ............................................................................. 6 2.02 Copies of Documents .................................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed ............................................................... 6 2.04 Starting the Work .......................................................................................................................... 7 2.05 Before Starting Construction ........................................................................................................ 7 2.06 Preconstruction Conference; Designation of Authorized Representatives .................................. 7 2.07 Initial Acceptance of Schedules .................................................................................................... 7 Article 3 – Contract Documents: Intent, Amending, Reuse ............................................................................ 8 3.01 Intent .............................................................................................................................................. 8 3.02 Reference Standards ...................................................................................................................... 8 3.03 Reporting and Resolving Discrepancies ....................................................................................... 9 3.04 Amending and Supplementing Contract Documents ................................................................... 9 3.05 Reuse of Documents ................................................................................................................... 10 3.06 Electronic Data ............................................................................................................................ 10 Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ........................................................................................................... 11 4.01 Availability of Lands ................................................................................................................... 11 4.02 Subsurface and Physical Conditions ........................................................................................... 11 4.03 Differing Subsurface or Physical Conditions ............................................................................. 12 4.04 Underground Facilities ................................................................................................................ 13 4.05 Reference Points .......................................................................................................................... 14 4.06 Hazardous Environmental Condition at Site .............................................................................. 14 Article 5 – Bonds and Insurance ...................................................................................................................... 16 5.01 Performance, Payment, and Other Bonds ................................................................................... 16 5.02 Licensed Sureties and Insurers .................................................................................................... 16 5.03 Certificates of Insurance ............................................................................................................. 17 5.04 Contractor’s Insurance ................................................................................................................ 17 5.05 Owner’s Liability Insurance ........................................................................................................ 19 5.06 Property Insurance ....................................................................................................................... 19 5.07 Waiver of Rights ......................................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds ......................................................................... 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i 5.09 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer .......................................................... 22 Article 6 – Contractor’s Responsibilities ........................................................................................................ 22 6.01 Supervision and Superintendence ............................................................................................... 22 6.02 Labor; Working Hours ................................................................................................................ 22 6.03 Services, Materials, and Equipment ........................................................................................... 22 6.04 Progress Schedule ....................................................................................................................... 23 6.05 Substitutes and “Or-Equals” ....................................................................................................... 23 6.06 Concerning Subcontractors, Suppliers, and Others .................................................................... 25 6.07 Patent Fees and Royalties ........................................................................................................... 27 6.08 Permits ......................................................................................................................................... 27 6.09 Laws and Regulations ................................................................................................................. 28 6.10 Taxes ........................................................................................................................................... 28 6.11 Use of Site and Other Areas ........................................................................................................ 28 6.12 Record Documents ...................................................................................................................... 29 6.13 Safety and Protection .................................................................................................................. 29 6.14 Safety Representative .................................................................................................................. 30 6.15 Hazard Communication Programs.............................................................................................. 30 6.16 Emergencies ................................................................................................................................ 30 6.17 Shop Drawings and Samples ...................................................................................................... 31 6.18 Continuing the Work ................................................................................................................... 32 6.19 Contractor’s General Warranty and Guarantee .......................................................................... 33 6.20 Indemnification ........................................................................................................................... 33 6.21 Delegation of Professional Design Services ............................................................................... 34 Article 7 – Other Work at the Site ................................................................................................................... 35 7.01 Related Work at Site ................................................................................................................... 35 7.02 Coordination ................................................................................................................................ 35 7.03 Legal Relationships ..................................................................................................................... 36 Article 8 – Owner’s Responsibilities ............................................................................................................... 36 8.01 Communications to Contractor ................................................................................................... 36 8.02 Replacement of Engineer ............................................................................................................ 36 8.03 Furnish Data ................................................................................................................................ 36 8.04 Pay When Due ............................................................................................................................. 36 8.05 Lands and Easements; Reports and Tests ................................................................................... 36 8.06 Insurance...................................................................................................................................... 36 8.07 Change Orders ............................................................................................................................. 37 8.08 Inspections, Tests, and Approvals .............................................................................................. 37 8.09 Limitations on Owner’s Responsibilities ................................................................................... 37 8.10 Undisclosed Hazardous Environmental Condition .................................................................... 37 8.11 Evidence of Financial Arrangements .......................................................................................... 37 8.12 Compliance with Safety Program ............................................................................................... 37 Article 9 – Engineer’s Status During Construction ......................................................................................... 37 9.01 Owner’s Representative .............................................................................................................. 37 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 9.02 Visits to Site ................................................................................................................................ 37 9.03 Project Representative ................................................................................................................. 38 9.04 Authorized Variations in Work .................................................................................................. 38 9.05 Rejecting Defective Work ........................................................................................................... 38 9.06 Shop Drawings, Change Orders and Payments .......................................................................... 39 9.07 Determinations for Unit Price Work .......................................................................................... 39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 39 9.09 Limitations on Engineer’s Authority and Responsibilities ........................................................ 39 9.10 Compliance with Safety Program ............................................................................................... 40 Article 10 – Changes in the Work; Claims ..................................................................................................... 40 10.01 Authorized Changes in the Work ............................................................................................... 40 10.02 Unauthorized Changes in the Work ............................................................................................ 41 10.03 Execution of Change Orders ....................................................................................................... 41 10.04 Notification to Surety .................................................................................................................. 41 10.05 Claims .......................................................................................................................................... 41 Article 11 – Cost of the Work; Allowances; Unit Price Work ....................................................................... 42 11.01 Cost of the Work ......................................................................................................................... 42 11.02 Allowances .................................................................................................................................. 45 11.03 Unit Price Work .......................................................................................................................... 45 Article 12 – Change of Contract Price; Change of Contract Times ............................................................... 46 12.01 Change of Contract Price ............................................................................................................ 46 12.02 Change of Contract Times .......................................................................................................... 47 12.03 Delays .......................................................................................................................................... 47 Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....................... 48 13.01 Notice of Defects ......................................................................................................................... 48 13.02 Access to Work ........................................................................................................................... 48 13.03 Tests and Inspections .................................................................................................................. 49 13.04 Uncovering Work ........................................................................................................................ 49 13.05 Owner May Stop the Work ......................................................................................................... 50 13.06 Correction or Removal of Defective Work ................................................................................ 50 13.07 Correction Period ........................................................................................................................ 50 13.08 Acceptance of Defective Work ................................................................................................... 51 13.09 Owner May Correct Defective Work ......................................................................................... 52 Article 14 – Payments to Contractor and Completion .................................................................................... 52 14.01 Schedule of Values ...................................................................................................................... 52 14.02 Progress Payments ...................................................................................................................... 52 14.03 Contractor’s Warranty of Title .................................................................................................... 55 14.04 Substantial Completion ............................................................................................................... 55 14.05 Partial Utilization ........................................................................................................................ 56 14.06 Final Inspection ........................................................................................................................... 57 14.07 Final Payment .............................................................................................................................. 57 14.08 Final Completion Delayed .......................................................................................................... 58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 14.09 Waiver of Claims ........................................................................................................................ 58 Article 15 – Suspension of Work and Termination ........................................................................................ 59 15.01 Owner May Suspend Work ......................................................................................................... 59 15.02 Owner May Terminate for Cause ............................................................................................... 59 15.03 Owner May Terminate For Convenience ................................................................................... 60 15.04 Contractor May Stop Work or Terminate................................................................................... 60 Article 16 – Dispute Resolution ...................................................................................................................... 61 16.01 Methods and Procedures ............................................................................................................. 61 Article 17 – Miscellaneous .............................................................................................................................. 61 17.01 Giving Notice .............................................................................................................................. 61 17.02 Computation of Times ................................................................................................................ 62 17.03 Cumulative Remedies ................................................................................................................. 62 17.04 Survival of Obligations ............................................................................................................... 62 17.05 Controlling Law .......................................................................................................................... 62 17.06 Headings ...................................................................................................................................... 62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. 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. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—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, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. 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 Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 E. Furnish, Install, Perform, Provide: 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 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 of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 1. A Field Order; 2. Engineer’s approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer’s written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner’s furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner’s obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer’s findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 – BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. 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 certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor’s Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor’s indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 5.05 Owner’s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder’s Risk “all-risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser’s own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner’s exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party’s EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES 6.01 Supervision and Superintendence 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 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and 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 on a Saturday, Sunday, or any legal holiday without Owner’s written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 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, testing, start-up, and completion of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 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 Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment 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. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 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 or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. “Or-Equal” Items: If in Engineer’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 Engineer as an “or-equal” item, in which case review and approval of the proposed item may, in Engineer’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 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 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. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer 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 Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of Substantial Completion on time, b) 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 Owner for other work on the Project) to adapt the design to the proposed substitute item, and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 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 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 Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized until Engineer’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an “or equal.” Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. E. Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer 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 Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer 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. D. 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. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. 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 the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors 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 specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 6.09 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, neither Owner nor Engineer shall 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 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 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 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. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor’s performance of the Work. 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. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by 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 all property not designated for alteration by the Contract Documents. D. 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. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 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 Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, 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 (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). 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 Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. 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 at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer’s Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval 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. 2. Engineer’s review and approval 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 approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer’s review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer’s review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 6.19 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer 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 Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any 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 . EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any 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, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 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. Contractor shall not be required to provide professional services in violation of applicable law. 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, Owner and Engineer 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, 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 Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer’s review and approval 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. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 – OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner’s employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner’s employees, 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 Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor’s wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor’s wrongful action or inactions. ARTICLE 8 – OWNER’S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION 9.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes 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. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer’s authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer’s decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer’s written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 – CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. 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 Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant’s written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant’s last submittal (unless Engineer allows additional time). C. Engineer’s Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer’s sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer’s written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 C. Contractor’s Fee: The Contractor’s fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor’s fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 13.03 Tests and Inspections A. Contractor shall give Engineer 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. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner’s and Engineer’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, or approvals shall be performed by organizations acceptable to Owner and Engineer. 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 Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense unless Contractor has given Engineer timely notice of Contractor’s intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer’s observation and replaced at Contractor’s expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or 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). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract 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 Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, 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 Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner 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 arbitration 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. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer’s recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.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, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner 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, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner 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 arbitration or other dispute resolution costs) incurred or sustained by Owner 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 Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 13.09. ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor’s performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner’s objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer’s issuing the definitive certificate of Substantial Completion, Engineer’s aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and 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. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer’s Review of Application and Acceptance: 1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor’s final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor’s continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor’s repeated disregard of the authority of Engineer; or 4. Contractor’s violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor’s tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this Paragraph. ARTICLE 16 – DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 – MISCELLANEOUS 17.01 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 if: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 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. 17.02 Computation of Times A. 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 by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. 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. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 00 73 00 - 1 SUPPLEMENTARY CONDITIONS Page 1 of 2 Oak Ridge, Phase 2 CPN 102078 SECTION 00 73 00 1 SUPPLEMENTARY CONDITIONS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. These Supplementary Conditions amend and supplement the General Conditions 5 defined in Document 00 72 00 and other provisions of the Contract Documents as 6 indicated below. The following paragraphs and subparagraphs take precedence over 7 the General Conditions. All provisions that are not so amended or supplemented 8 remain in full force and effect. 9 B. As detailed in 1.04 below, these Supplementary Conditions modify, change, delete 10 from or add to the General Conditions and shall apply to each and every Section of the 11 Work as though written in full therein. 12 C. The terms used in these Supplementary Conditions that are defined in the General 13 Conditions have the meanings assigned to them in the General Conditions. 14 D. Paragraph numbers and titles refer to like numbers and titles in the General Conditions. 15 E. In the event of a conflict between provisions in the Agreement, the General Conditions, 16 or these Supplementary Conditions, the most restrictive provision shall govern. 17 1.2 RELATED SECTIONS 18 A. Section 00 52 43 – Developer Awarded Project Agreement. 19 B. Section 00 73 10 – Standard City Conditions of the Construction Contract for 20 Developer Awarded Projects 21 1.3 REFERENCE STANDARDS – NOT USED 22 23 1.4 MODIFICATIONS TO GENERAL CONDITIONS 24 SC5.08 Add the following paragraphs immediately after Paragraph 5.08.H.: 25 Retainage 26 I. Owner shall make progress payments on account of the Contract Price on the basis of 27 Contractor’s Applications for Payment no later than the 20th day of each month during 28 performance of the Work as provided in Article 12 – Completion in City of Fort Worth 29 Standard City Conditions – Developer Awarded Projects. All such payments will be 30 measured by the schedule of values established as provided in Developer Awarded 31 Projects – Proposal Form (and in the case of Unit Price Work based on the number of 32 units completed) or, in the event there is no schedule of values, as provided in the 33 General Requirements. 34 1. Prior to Substantial Completion, progress payments will be made in an amount 35 equal to the percentage indicated below but, in each case, less the aggregate of 36 00 73 00 - 2 SUPPLEMENTARY CONDITIONS Page 2 of 2 Oak Ridge, Phase 2 CPN 102078 payments previously made and less such amounts as Engineer may determine or 1 Owner may withhold, including but not limited to liquidated damages, in 2 accordance with Article 12 of the City of Fort Worth Standard City Conditions – 3 Developer Awarded Projects. 4 a. 90 percent of Work completed (with the balance being retainage). If the Work 5 has been 50 percent completed as determined by Engineer, and if the character 6 and progress of the Work have been satisfactory to Owner and Engineer, then 7 as long as the character and progress of the Work remain satisfactory to Owner 8 and Engineer, there will be no additional retainage; and 9 b. 90 percent of cost of materials and equipment not incorporated in the Work 10 (with the balance being retainage). 11 J. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total 12 payments to Contractor to 100 percent of the Work completed, less such amounts as 13 Engineer shall determine in accordance with Article 12 of City of Fort Worth Standard 14 City Conditions – Developer Awarded Projects and less 200 percent of Engineer’s 15 estimate of the value of Work to be completed or corrected as shown on the tentative 16 list of items to be completed or corrected attached to the certificate of Substantial 17 Completion. 18 PART 2 - PRODUCTS - NOT USED 19 PART 3 - EXECUTION - NOT USED 20 END OF DOCUMENT 21 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 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 Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Before Starting Construction ........................................................................................................ 6 2.02 Preconstruction Conference .......................................................................................................... 6 2.03 Public Meeting .............................................................................................................................. 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 ........................................................................................................................... 24 5.19 Delegation of Professional Design Services .............................................................................. 24 5.20 Right to Audit: ............................................................................................................................ 25 5.21 Nondiscrimination....................................................................................................................... 25 Article 6 – Other Work at the Site ................................................................................................................... 26 6.01 Related Work at Site ................................................................................................................... 26 Article 7 – City’s Responsibilities................................................................................................................... 26 7.01 Inspections, Tests, and Approvals .............................................................................................. 26 7.02 Limitations on City’s Responsibilities ....................................................................................... 26 7.03 Compliance with Safety Program ............................................................................................... 27 Article 8 – City’s Observation Status During Construction ........................................................................... 27 8.01 City’s Project Representative ..................................................................................................... 27 8.02 Authorized Variations in Work .................................................................................................. 27 8.03 Rejecting Defective Work .......................................................................................................... 27 8.04 Determinations for Work Performed .......................................................................................... 28 Article 9 – Changes in the Work ..................................................................................................................... 28 9.01 Authorized Changes in the Work ............................................................................................... 28 9.02 Notification to Surety .................................................................................................................. 28 Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28 10.01 Change of Contract Price ............................................................................................................ 28 10.02 Change of Contract Time............................................................................................................ 28 10.03 Delays .......................................................................................................................................... 28 Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29 11.01 Notice of Defects ........................................................................................................................ 29 11.02 Access to Work ........................................................................................................................... 29 11.03 Tests and Inspections .................................................................................................................. 29 11.04 Uncovering Work ....................................................................................................................... 30 11.05 City May Stop the Work ............................................................................................................. 30 11.06 Correction or Removal of Defective Work ................................................................................ 30 11.07 Correction Period ........................................................................................................................ 30 11.08 City May Correct Defective Work ............................................................................................. 31 Article 12 – Completion .................................................................................................................................. 32 12.01 Contractor’s Warranty of Title ................................................................................................... 32 12.02 Partial Utilization ........................................................................................................................ 32 12.03 Final Inspection ........................................................................................................................... 32 12.04 Final Acceptance ......................................................................................................................... 33 Article 13 – Suspension of Work .................................................................................................................... 33 13.01 City May Suspend Work ............................................................................................................ 33 Article 14 – Miscellaneous .............................................................................................................................. 34 14.01 Giving Notice .............................................................................................................................. 34 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.02 Computation of Times ................................................................................................................ 34 14.03 Cumulative Remedies ................................................................................................................. 34 14.04 Survival of Obligations ............................................................................................................... 35 14.05 Headings ...................................................................................................................................... 35 00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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 l. Supplementary Conditions m. 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. 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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. 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 30. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions – That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. C. Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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; 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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. 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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 party 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 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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. 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: ____________________________________________________________ Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: a. General Aggregate: _____________________________________ Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : _____________________________________ Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: 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- None None None 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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. 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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 01 25 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 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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.B. 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: 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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 x 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and 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 x 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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. 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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. 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT 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. 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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. 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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. 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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. 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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. 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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. 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 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 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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: 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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 if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 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. 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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. 01 11 00 - 1 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CPN 102078 Revised December 20, 2012 SECTION 01 11 00 1 SUMMARY OF WORK 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Summary of Work to be performed in accordance with the Contract Documents 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 10 2. Division 1 - General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Work Covered by Contract Documents 18 1. Work is to include furnishing all labor, materials, and equipment, and performing 19 all Work necessary for this construction project as detailed in the Drawings and 20 Specifications. 21 B. Subsidiary Work 22 1. Any and all Work specifically governed by documentary requirements for the 23 project, such as conditions imposed by the Drawings or Contract Documents in 24 which no specific item for bid has been provided for in the Proposal and the item is 25 not a typical unit bid item included on the standard bid item list, then the item shall 26 be considered as a subsidiary item of Work, the cost of which shall be included in 27 the price bid in the Proposal for various bid items. 28 C. Use of Premises 29 1. Coordinate uses of premises under direction of the City. 30 2. Assume full responsibility for protection and safekeeping of materials and 31 equipment stored on the Site. 32 3. Use and occupy only portions of the public streets and alleys, or other public places 33 or other rights-of-way as provided for in the ordinances of the City, as shown in the 34 Contract Documents, or as may be specifically authorized in writing by the City. 35 a. A reasonable amount of tools, materials, and equipment for construction 36 purposes may be stored in such space, but no more than is necessary to avoid 37 delay in the construction operations. 38 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CPN 102078 Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere 1 with the use of spaces that may be designated to be left free and unobstructed 2 and so as not to inconvenience occupants of adjacent property. 3 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 4 manner as not to interfere with the operation of the railroad. 5 1) All Work shall be in accordance with railroad requirements set forth in 6 Division 0 as well as the railroad permit. 7 D. Work within Easements 8 1. Do not enter upon private property for any purpose without having previously 9 obtained permission from the owner of such property. 10 2. Do not store equipment or material on private property unless and until the 11 specified approval of the property owner has been secured in writing by the 12 Contractor and a copy furnished to the City. 13 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 14 obstructions which must be removed to make possible proper prosecution of the 15 Work as a part of the project construction operations. 16 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 17 lawns, fences, culverts, curbing, and all other types of structures or improvements, 18 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 19 appurtenances thereof, including the construction of temporary fences and to all 20 other public or private property adjacent to the Work. 21 5. Notify the proper representatives of the owners or occupants of the public or private 22 lands of interest in lands which might be affected by the Work. 23 a. Such notice shall be made at least 48 hours in advance of the beginning of the 24 Work. 25 b. Notices shall be applicable to both public and private utility companies and any 26 corporation, company, individual, or other, either as owners or occupants, 27 whose land or interest in land might be affected by the Work. 28 c. Be responsible for all damage or injury to property of any character resulting 29 from any act, omission, neglect, or misconduct in the manner or method or 30 execution of the Work, or at any time due to defective work, material, or 31 equipment. 32 6. Fence 33 a. Restore all fences encountered and removed during construction of the Project 34 to the original or a better than original condition. 35 b. Erect temporary fencing in place of the fencing removed whenever the Work is 36 not in progress and when the site is vacated overnight, and/or at all times to 37 provide site security. 38 c. The cost for all fence work within easements, including removal, temporary 39 closures and replacement, shall be subsidiary to the various items bid in the 40 project proposal, unless a bid item is specifically provided in the proposal. 41 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CPN 102078 Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 25 00 - 1 DAP SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August 30, 2013 SECTION 01 25 00 1 SUBSTITUTION PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedure for requesting the approval of substitution of a product that is not 6 equivalent to a product which is specified by descriptive or performance criteria or 7 defined by reference to 1 or more of the following: 8 a. Name of manufacturer 9 b. Name of vendor 10 c. Trade name 11 d. Catalog number 12 2. Substitutions are not "or-equals". 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1 – General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various items bid. No 21 separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Request for Substitution - General 25 1. Within 30 days after award of Contract (unless noted otherwise), the City will 26 consider formal requests from Contractor for substitution of products in place of 27 those specified. 28 2. Certain types of equipment and kinds of material are described in Specifications by 29 means of references to names of manufacturers and vendors, trade names, or catalog 30 numbers. 31 a. When this method of specifying is used, it is not intended to exclude from 32 consideration other products bearing other manufacturer's or vendor's names, 33 trade names, or catalog numbers, provided said products are "or-equals," as 34 determined by City. 35 3. Other types of equipment and kinds of material may be acceptable substitutions 36 under the following conditions: 37 a. Or-equals are unavailable due to strike, discontinued production of products 38 meeting specified requirements, or other factors beyond control of Contractor; 39 or, 40 01 25 00 - 2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August 30, 2013 b. Contractor proposes a cost and/or time reduction incentive to the City. 1 1.5 SUBMITTALS 2 A. See Request for Substitution Form (attached) 3 B. Procedure for Requesting Substitution 4 1. Substitution shall be considered only: 5 a. After award of Contract 6 b. Under the conditions stated herein 7 2. Submit 3 copies of each written request for substitution, including: 8 a. Documentation 9 1) Complete data substantiating compliance of proposed substitution with 10 Contract Documents 11 2) Data relating to changes in construction schedule, when a reduction is 12 proposed 13 3) Data relating to changes in cost 14 b. For products 15 1) Product identification 16 a) Manufacturer's name 17 b) Telephone number and representative contact name 18 c) Specification Section or Drawing reference of originally specified 19 product, including discrete name or tag number assigned to original 20 product in the Contract Documents 21 2) Manufacturer's literature clearly marked to show compliance of proposed 22 product with Contract Documents 23 3) Itemized comparison of original and proposed product addressing product 24 characteristics including, but not necessarily limited to: 25 a) Size 26 b) Composition or materials of construction 27 c) Weight 28 d) Electrical or mechanical requirements 29 4) Product experience 30 a) Location of past projects utilizing product 31 b) Name and telephone number of persons associated with referenced 32 projects knowledgeable concerning proposed product 33 c) Available field data and reports associated with proposed product 34 5) Samples 35 a) Provide at request of City. 36 b) Samples become the property of the City. 37 c. For construction methods: 38 1) Detailed description of proposed method 39 2) Illustration drawings 40 C. Approval or Rejection 41 1. Written approval or rejection of substitution given by the City 42 2. City reserves the right to require proposed product to comply with color and pattern 43 of specified product if necessary to secure design intent. 44 3. In the event the substitution is approved, if a reduction in cost or time results, it will 45 be documented by Change Order. 46 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August 30, 2013 4. Substitution will be rejected if: 1 a. Submittal is not through the Contractor with his stamp of approval 2 b. Request is not made in accordance with this Specification Section 3 c. In the Developer’s opinion, acceptance will require substantial revision of the 4 original design 5 d. In the City’s or Developer’s opinion, substitution will not perform adequately 6 the function consistent with the design intent 7 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 8 1.7 CLOSEOUT SUBMITTALS [NOT USED] 9 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 10 1.9 QUALITY ASSURANCE 11 A. In making request for substitution or in using an approved product, the Contractor 12 represents that the Contractor: 13 1. Has investigated proposed product, and has determined that it is adequate or 14 superior in all respects to that specified, and that it will perform function for which it 15 is intended 16 2. Will provide same guarantee for substitute item as for product specified 17 3. Will coordinate installation of accepted substitution into Work, to include building 18 modifications if necessary, making such changes as may be required for Work to be 19 complete in all respects 20 4. Waives all claims for additional costs related to substitution which subsequently 21 arise 22 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 23 1.11 FIELD [SITE] CONDITIONS [NOT USED] 24 1.12 WARRANTY [NOT USED] 25 PART 2 - PRODUCTS [NOT USED] 26 PART 3 - EXECUTION [NOT USED] 27 END OF SECTION 28 29 Revision Log DATE NAME SUMMARY OF CHANGE 30 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August 30, 2013 EXHIBIT A 1 REQUEST FOR SUBSTITUTION FORM: 2 3 TO: 4 PROJECT: DATE: 5 We hereby submit for your consideration the following product instead of the specified item for 6 the above project: 7 SECTION PARAGRAPH SPECIFIED ITEM 8 9 10 Proposed Substitution: 11 Reason for Substitution: 12 Include complete information on changes to Drawings and/or Specifications which proposed 13 substitution will require for its proper installation. 14 15 Fill in Blanks Below: 16 A. Will the undersigned contractor pay for changes to the building design, including engineering 17 and detailing costs caused by the requested substitution? 18 19 20 B. What effect does substitution have on other trades? 21 22 23 C. Differences between proposed substitution and specified item? 24 25 26 D. Differences in product cost or product delivery time? 27 28 29 E. Manufacturer's guarantees of the proposed and specified items are: 30 31 Equal Better (explain on attachment) 32 The undersigned states that the function, appearance and quality are equivalent or superior to the 33 specified item. 34 Submitted By: For Use by City 35 36 Signature Recommended Recommended 37 as noted 38 39 Firm Not recommended Received late 40 Address By 41 Date 42 Date Remarks 43 Telephone 44 45 For Use by City: 46 47 Approved Rejected 48 City Date 49 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August 30, 2013 SECTION 01 31 19 1 PRECONSTRUCTION MEETING 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 6 clarify construction contract administration procedures 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. No construction schedule required unless requested by the City. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 – General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Coordination 19 1. Attend preconstruction meeting. 20 2. Representatives of Contractor, subcontractors and suppliers attending meetings 21 shall be qualified and authorized to act on behalf of the entity each represents. 22 3. Meeting administered by City may be tape recorded. 23 a. If recorded, tapes will be used to prepare minutes and retained by City for 24 future reference. 25 B. Preconstruction Meeting 26 1. A preconstruction meeting will be held within 14 days after the delivery of the 27 distribution package to the City. 28 a. The meeting will be scheduled and administered by the City. 29 2. The Project Representative will preside at the meeting, prepare the notes of the 30 meeting and distribute copies of same to all participants who so request by fully 31 completing the attendance form to be circulated at the beginning of the meeting. 32 3. Attendance shall include: 33 a. Developer and Consultant 34 b. Contractor's project manager 35 c. Contractor's superintendent 36 d. Any subcontractor or supplier representatives whom the Contractor may desire 37 to invite or the City may request 38 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August 30, 2013 e. Other City representatives 1 f. Others as appropriate 2 4. Preliminary Agenda may include: 3 a. Introduction of Project Personnel 4 b. General Description of Project 5 c. Status of right-of-way, utility clearances, easements or other pertinent permits 6 d. Contractor’s work plan and schedule 7 e. Contract Time 8 f. Notice to Proceed 9 g. Construction Staking 10 h. Progress Payments 11 i. Extra Work and Change Order Procedures 12 j. Field Orders 13 k. Disposal Site Letter for Waste Material 14 l. Insurance Renewals 15 m. Payroll Certification 16 n. Material Certifications and Quality Control Testing 17 o. Public Safety and Convenience 18 p. Documentation of Pre-Construction Conditions 19 q. Weekend Work Notification 20 r. Legal Holidays 21 s. Trench Safety Plans 22 t. Confined Space Entry Standards 23 u. Coordination with the City’s representative for operations of existing water 24 systems 25 v. Storm Water Pollution Prevention Plan 26 w. Coordination with other Contractors 27 x. Early Warning System 28 y. Contractor Evaluation 29 z. Special Conditions applicable to the project 30 aa. Damages Claims 31 bb. Submittal Procedures 32 cc. Substitution Procedures 33 dd. Correspondence Routing 34 ee. Record Drawings 35 ff. Temporary construction facilities 36 gg. MBE/SBE procedures 37 hh. Final Acceptance 38 ii. Final Payment 39 jj. Questions or Comments 40 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August 30, 2013 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 32 33 - 1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August 30, 2013 SECTION 01 32 33 1 PRECONSTRUCTION VIDEO 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Administrative and procedural requirements for: 6 a. Preconstruction Videos 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. Though not mandatory, it is highly recommended on infill developer projects. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 – General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Preconstruction Video 19 1. Produce a preconstruction video of the site/alignment, including all areas in the 20 vicinity of and to be affected by construction. 21 a. Provide digital copy of video upon request by the City. 22 2. Retain a copy of the preconstruction video until the end of the maintenance surety 23 period. 24 1.5 SUBMITTALS [NOT USED] 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26 1.7 CLOSEOUT SUBMITTALS [NOT USED] 27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.9 QUALITY ASSURANCE [NOT USED] 29 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 30 1.11 FIELD [SITE] CONDITIONS [NOT USED] 31 1.12 WARRANTY [NOT USED] 32 PART 2 - PRODUCTS [NOT USED] 33 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August 30, 2013 PART 3 - EXECUTION [NOT USED] 1 END OF SECTION 2 3 Revision Log DATE NAME SUMMARY OF CHANGE 4 01 33 00 - 1 DAP SUBMITTALS Page 1 of 11 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August 30, 2013 SECTION 01 33 00 1 DAP SUBMITTALS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. General methods and requirements of submissions applicable to the following 6 Work-related submittals: 7 a. Shop Drawings 8 b. Product Data (including Standard Product List submittals) 9 c. Samples 10 d. Mock Ups 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 – General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS 22 A. Coordination 23 1. Notify the City in writing, at the time of submittal, of any deviations in the 24 submittals from the requirements of the Contract Documents. 25 01 33 00 - 2 DAP SUBMITTALS Page 2 of 11 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August 30, 2013 2. Coordination of Submittal Times 1 a. Prepare, prioritize and transmit each submittal sufficiently in advance of 2 performing the related Work or other applicable activities, or within the time 3 specified in the individual Work Sections, of the Specifications. 4 b. Contractor is responsible such that the installation will not be delayed by 5 processing times including, but not limited to: 6 a) Disapproval and resubmittal (if required) 7 b) Coordination with other submittals 8 c) Testing 9 d) Purchasing 10 e) Fabrication 11 f) Delivery 12 g) Similar sequenced activities 13 c. No extension of time will be authorized because of the Contractor's failure to 14 transmit submittals sufficiently in advance of the Work. 15 d. Make submittals promptly in accordance with approved schedule, and in such 16 sequence as to cause no delay in the Work or in the work of any other 17 contractor. 18 B. Submittal Numbering 19 1. When submitting shop drawings or samples, utilize a 9-character submittal cross-20 reference identification numbering system in the following manner: 21 a. Use the first 6 digits of the applicable Specification Section Number. 22 b. For the next 2 digits number use numbers 01-99 to sequentially number each 23 initial separate item or drawing submitted under each specific Section number. 24 c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. 25 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical 26 submittal number would be as follows: 27 28 03 30 00-08-B 29 30 1) 03 30 00 is the Specification Section for Concrete 31 01 33 00 - 3 DAP SUBMITTALS Page 3 of 11 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August 30, 2013 2) 08 is the eighth initial submittal under this Specification Section 1 3) B is the third submission (second resubmission) of that particular shop 2 drawing 3 C. Contractor Certification 4 1. Review shop drawings, product data and samples, including those by 5 subcontractors, prior to submission to determine and verify the following: 6 a. Field measurements 7 b. Field construction criteria 8 c. Catalog numbers and similar data 9 d. Conformance with the Contract Documents 10 2. Provide each shop drawing, sample and product data submitted by the Contractor 11 with a Certification Statement affixed including: 12 a. The Contractor's Company name 13 b. Signature of submittal reviewer 14 c. Certification Statement 15 1) “By this submittal, I hereby represent that I have determined and verified 16 field measurements, field construction criteria, materials, dimensions, 17 catalog numbers and similar data and I have checked and coordinated each 18 item with other applicable approved shop drawings." 19 D. Submittal Format 20 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 21 2. Bind shop drawings and product data sheets together. 22 3. Order 23 a. Cover Sheet 24 1) Description of Packet 25 2) Contractor Certification 26 b. List of items / Table of Contents 27 c. Product Data /Shop Drawings/Samples /Calculations 28 01 33 00 - 4 DAP SUBMITTALS Page 4 of 11 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August 30, 2013 E. Submittal Content 1 1. The date of submission and the dates of any previous submissions 2 2. The Project title and number 3 3. Contractor identification 4 4. The names of: 5 a. Contractor 6 b. Supplier 7 c. Manufacturer 8 5. Identification of the product, with the Specification Section number, page and 9 paragraph(s) 10 6. Field dimensions, clearly identified as such 11 7. Relation to adjacent or critical features of the Work or materials 12 8. Applicable standards, such as ASTM or Federal Specification numbers 13 9. Identification by highlighting of deviations from Contract Documents 14 10. Identification by highlighting of revisions on resubmittals 15 11. An 8-inch x 3-inch blank space for Contractor and City stamps 16 F. Shop Drawings 17 1. As specified in individual Work Sections includes, but is not necessarily limited to: 18 a. Custom-prepared data such as fabrication and erection/installation (working) 19 drawings 20 b. Scheduled information 21 c. Setting diagrams 22 d. Actual shopwork manufacturing instructions 23 e. Custom templates 24 f. Special wiring diagrams 25 g. Coordination drawings 26 01 33 00 - 5 DAP SUBMITTALS Page 5 of 11 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August 30, 2013 h. Individual system or equipment inspection and test reports including: 1 1) Performance curves and certifications 2 i. As applicable to the Work 3 2. Details 4 a. Relation of the various parts to the main members and lines of the structure 5 b. Where correct fabrication of the Work depends upon field measurements 6 1) Provide such measurements and note on the drawings prior to submitting 7 for approval. 8 G. Product Data 9 1. For submittals of product data for products included on the City’s Standard Product 10 List, clearly identify each item selected for use on the Project. 11 2. For submittals of product data for products not included on the City’s Standard 12 Product List, submittal data may include, but is not necessarily limited to: 13 a. Standard prepared data for manufactured products (sometimes referred to as 14 catalog data) 15 1) Such as the manufacturer's product specification and installation 16 instructions 17 2) Availability of colors and patterns 18 3) Manufacturer's printed statements of compliances and applicability 19 4) Roughing-in diagrams and templates 20 5) Catalog cuts 21 6) Product photographs 22 7) Standard wiring diagrams 23 8) Printed performance curves and operational-range diagrams 24 9) Production or quality control inspection and test reports and certifications 25 10) Mill reports 26 11) Product operating and maintenance instructions and recommended 27 spare-parts listing and printed product warranties 28 12) As applicable to the Work 29 01 33 00 - 6 DAP SUBMITTALS Page 6 of 11 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August 30, 2013 H. Samples 1 1. As specified in individual Sections, include, but are not necessarily limited to: 2 a. Physical examples of the Work such as: 3 1) Sections of manufactured or fabricated Work 4 2) Small cuts or containers of materials 5 3) Complete units of repetitively used products color/texture/pattern swatches 6 and range sets 7 4) Specimens for coordination of visual effect 8 5) Graphic symbols and units of Work to be used by the City for independent 9 inspection and testing, as applicable to the Work 10 I. Do not start Work requiring a shop drawing, sample or product data nor any material to 11 be fabricated or installed prior to the approval or qualified approval of such item. 12 1. Fabrication performed, materials purchased or on-site construction accomplished 13 which does not conform to approved shop drawings and data is at the Contractor's 14 risk. 15 2. The City will not be liable for any expense or delay due to corrections or remedies 16 required to accomplish conformity. 17 3. Complete project Work, materials, fabrication, and installations in conformance 18 with approved shop drawings, applicable samples, and product data. 19 J. Submittal Distribution 20 1. Electronic Distribution 21 a. Confirm development of Project directory for electronic submittals to be 22 uploaded to City’s Buzzsaw site, or another external FTP site approved by the 23 City. 24 b. Shop Drawings 25 1) Upload submittal to designated project directory and notify appropriate 26 City representatives via email of submittal posting. 27 2) Hard Copies 28 a) 3 copies for all submittals 29 01 33 00 - 7 DAP SUBMITTALS Page 7 of 11 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August 30, 2013 b) If Contractor requires more than 1 hard copy of Shop Drawings 1 returned, Contractor shall submit more than the number of copies listed 2 above. 3 c. Product Data 4 1) Upload submittal to designated project directory and notify appropriate 5 City representatives via email of submittal posting. 6 2) Hard Copies 7 a) 3 copies for all submittals 8 d. Samples 9 1) Distributed to the Project Representative 10 2. Hard Copy Distribution (if required in lieu of electronic distribution) 11 a. Shop Drawings 12 1) Distributed to the City 13 2) Copies 14 a) 8 copies for mechanical submittals 15 b) 7 copies for all other submittals 16 c) If Contractor requires more than 3 copies of Shop Drawings returned, 17 Contractor shall submit more than the number of copies listed above. 18 b. Product Data 19 1) Distributed to the City 20 2) Copies 21 a) 4 copies 22 c. Samples 23 1) Distributed to the Project Representative 24 2) Copies 25 a) Submit the number stated in the respective Specification Sections. 26 3. Distribute reproductions of approved shop drawings and copies of approved 27 product data and samples, where required, to the job site file and elsewhere as 28 directed by the City. 29 01 33 00 - 8 DAP SUBMITTALS Page 8 of 11 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August 30, 2013 a. Provide number of copies as directed by the City but not exceeding the number 1 previously specified. 2 K. Submittal Review 3 1. The review of shop drawings, data and samples will be for general conformance 4 with the design concept and Contract Documents. This is not to be construed as: 5 a. Permitting any departure from the Contract requirements 6 b. Relieving the Contractor of responsibility for any errors, including details, 7 dimensions, and materials 8 c. Approving departures from details furnished by the City, except as otherwise 9 provided herein 10 2. The review and approval of shop drawings, samples or product data by the City 11 does not relieve the Contractor from his/her responsibility with regard to the 12 fulfillment of the terms of the Contract. 13 a. All risks of error and omission are assumed by the Contractor, and the City will 14 have no responsibility therefore. 15 3. The Contractor remains responsible for details and accuracy, for coordinating the 16 Work with all other associated work and trades, for selecting fabrication processes, 17 for techniques of assembly and for performing Work in a safe manner. 18 4. If the shop drawings, data or samples as submitted describe variations and show a 19 departure from the Contract requirements which City finds to be in the interest of 20 the City and to be so minor as not to involve a change in Contract Price or time for 21 performance, the City may return the reviewed drawings without noting an 22 exception. 23 5. Submittals will be returned to the Contractor under 1 of the following codes: 24 a. Code 1 25 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 26 comments on the submittal. 27 a) When returned under this code the Contractor may release the 28 equipment and/or material for manufacture. 29 b. Code 2 30 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 31 the notations and comments IS NOT required by the Contractor. 32 01 33 00 - 9 DAP SUBMITTALS Page 9 of 11 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August 30, 2013 a) The Contractor may release the equipment or material for manufacture; 1 however, all notations and comments must be incorporated into the 2 final product. 3 c. Code 3 4 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 5 assigned when notations and comments are extensive enough to require a 6 resubmittal of the package. 7 a) The Contractor may release the equipment or material for manufacture; 8 however, all notations and comments must be incorporated into the 9 final product. 10 b) This resubmittal is to address all comments, omissions and 11 non-conforming items that were noted. 12 c) Resubmittal is to be received by the City within 15 Calendar Days of 13 the date of the City's transmittal requiring the resubmittal. 14 d. Code 4 15 1) "NOT APPROVED" is assigned when the submittal does not meet the 16 intent of the Contract Documents. 17 a) The Contractor must resubmit the entire package revised to bring the 18 submittal into conformance. 19 b) It may be necessary to resubmit using a different manufacturer/vendor 20 to meet the Contract Documents. 21 6. Resubmittals 22 a. Handled in the same manner as first submittals 23 1) Corrections other than requested by the City 24 2) Marked with revision triangle or other similar method 25 a) At Contractor’s risk if not marked 26 b. Submittals for each item will be reviewed no more than twice at the City’s 27 expense. 28 1) All subsequent reviews will be performed at times convenient to the City 29 and at the Contractor's expense, based on the City's or City 30 Representative’s then prevailing rates. 31 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 32 all such fees invoiced by the City. 33 01 33 00 - 10 DAP SUBMITTALS Page 10 of 11 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August 30, 2013 c. The need for more than 1 resubmission or any other delay in obtaining City's 1 review of submittals, will not entitle the Contractor to an extension of Contract 2 Time. 3 7. Partial Submittals 4 a. City reserves the right to not review submittals deemed partial, at the City’s 5 discretion. 6 b. Submittals deemed by the City to be not complete will be returned to the 7 Contractor, and will be considered "Not Approved" until resubmitted. 8 c. The City may at its option provide a list or mark the submittal directing the 9 Contractor to the areas that are incomplete. 10 8. If the Contractor considers any correction indicated on the shop drawings to 11 constitute a change to the Contract Documents, then written notice must be 12 provided thereof to the Developer at least 7 Calendar Days prior to release for 13 manufacture. 14 9. When the shop drawings have been completed to the satisfaction of the City, the 15 Contractor may carry out the construction in accordance therewith and no further 16 changes therein except upon written instructions from the City. 17 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 18 following receipt of submittal by the City. 19 L. Mock ups 20 1. Mock Up units as specified in individual Sections, include, but are not necessarily 21 limited to, complete units of the standard of acceptance for that type of Work to be 22 used on the Project. Remove at the completion of the Work or when directed. 23 M. Qualifications 24 1. If specifically required in other Sections of these Specifications, submit a P.E. 25 Certification for each item required. 26 N. Request for Information (RFI) 27 1. Contractor Request for additional information 28 a. Clarification or interpretation of the contract documents 29 b. When the Contractor believes there is a conflict between Contract Documents 30 01 33 00 - 11 DAP SUBMITTALS Page 11 of 11 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August 30, 2013 c. When the Contractor believes there is a conflict between the Drawings and 1 Specifications 2 1) Identify the conflict and request clarification 3 2. Sufficient information shall be attached to permit a written response without further 4 information. 5 6 7 1.5 SUBMITTALS [NOT USED] 8 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 9 1.7 CLOSEOUT SUBMITTALS [NOT USED] 10 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 11 1.9 QUALITY ASSURANCE [NOT USED] 12 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 13 1.11 FIELD [SITE] CONDITIONS [NOT USED] 14 1.12 WARRANTY [NOT USED] 15 PART 2 - PRODUCTS [NOT USED] 16 PART 3 - EXECUTION [NOT USED] 17 END OF SECTION 18 19 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days 20 01 35 13 - 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August, 30, 2013 SECTION 01 35 13 1 SPECIAL PROJECT PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedures for special project circumstances that includes, but is not limited to: 6 a. Coordination with the Texas Department of Transportation 7 b. Work near High Voltage Lines 8 c. Confined Space Entry Program 9 d. Air Pollution Watch Days 10 e. Use of Explosives, Drop Weight, Etc. 11 f. Water Department Notification 12 g. Public Notification Prior to Beginning Construction 13 h. Coordination with United States Army Corps of Engineers 14 i. Coordination within Railroad permits areas 15 j. Dust Control 16 k. Employee Parking 17 B. Deviations from this City of Fort Worth Standard Specification 18 1. None. 19 C. Related Specification Sections include, but are not necessarily limited to: 20 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 21 2. Division 1 – General Requirements 22 3. Section 33 12 25 – Connection to Existing Water Mains 23 24 1.2 REFERENCES 25 A. Reference Standards 26 1. Reference standards cited in this Specification refer to the current reference 27 standard published at the time of the latest revision date logged at the end of this 28 Specification, unless a date is specifically cited. 29 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 30 High Voltage Overhead Lines. 31 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 32 Specification 33 1.3 ADMINISTRATIVE REQUIREMENTS 34 A. Coordination with the Texas Department of Transportation 35 1. When work in the right-of-way which is under the jurisdiction of the Texas 36 Department of Transportation (TxDOT): 37 a. Notify the Texas Department of Transportation prior to commencing any work 38 therein in accordance with the provisions of the permit 39 01 35 13 - 2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August, 30, 2013 b. All work performed in the TxDOT right-of-way shall be performed in 1 compliance with and subject to approval from the Texas Department of 2 Transportation 3 B. Work near High Voltage Lines 4 1. Regulatory Requirements 5 a. All Work near High Voltage Lines (more than 600 volts measured between 6 conductors or between a conductor and the ground) shall be in accordance with 7 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 8 2. Warning sign 9 a. Provide sign of sufficient size meeting all OSHA requirements. 10 3. Equipment operating within 10 feet of high voltage lines will require the following 11 safety features 12 a. Insulating cage-type of guard about the boom or arm 13 b. Insulator links on the lift hook connections for back hoes or dippers 14 c. Equipment must meet the safety requirements as set forth by OSHA and the 15 safety requirements of the owner of the high voltage lines 16 4. Work within 6 feet of high voltage electric lines 17 a. Notification shall be given to: 18 1) The power company (example: ONCOR) 19 a) Maintain an accurate log of all such calls to power company and record 20 action taken in each case. 21 b. Coordination with power company 22 1) After notification coordinate with the power company to: 23 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 24 lower the lines 25 c. No personnel may work within 6 feet of a high voltage line before the above 26 requirements have been met. 27 C. Confined Space Entry Program 28 1. Provide and follow approved Confined Space Entry Program in accordance with 29 OSHA requirements. 30 2. Confined Spaces include: 31 a. Manholes 32 b. All other confined spaces in accordance with OSHA’s Permit Required for 33 Confined Spaces 34 D. Use of Explosives, Drop Weight, Etc. 35 1. When Contract Documents permit on the project the following will apply: 36 a. Public Notification 37 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 38 prior to commencing. 39 2) Minimum 24 hour public notification in accordance with Section 01 31 13 40 E. Water Department Coordination 41 1. During the construction of this project, it will be necessary to deactivate, for a 42 period of time, existing lines. The Contractor shall be required to coordinate with 43 the Water Department to determine the best times for deactivating and activating 44 those lines. 45 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August, 30, 2013 2. Coordinate any event that will require connecting to or the operation of an existing 1 City water line system with the City’s representative. 2 a. Coordination shall be in accordance with Section 33 12 25. 3 b. If needed, obtain a hydrant water meter from the Water Department for use 4 during the life of named project. 5 c. In the event that a water valve on an existing live system be turned off and on 6 to accommodate the construction of the project is required, coordinate this 7 activity through the appropriate City representative. 8 1) Do not operate water line valves of existing water system. 9 a) Failure to comply will render the Contractor in violation of Texas Penal 10 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 11 will be prosecuted to the full extent of the law. 12 b) In addition, the Contractor will assume all liabilities and 13 responsibilities as a result of these actions. 14 F. Public Notification Prior to Beginning Construction 15 1. Prior to beginning construction on any block in the project, on a block by block 16 basis, prepare and deliver a notice or flyer of the pending construction to the front 17 door of each residence or business that will be impacted by construction. The notice 18 shall be prepared as follows: 19 a. Post notice or flyer 7 days prior to beginning any construction activity on each 20 block in the project area. 21 1) Prepare flyer on the Contractor’s letterhead and include the following 22 information: 23 a) Name of Project 24 b) City Project No (CPN) 25 c) Scope of Project (i.e. type of construction activity) 26 d) Actual construction duration within the block 27 e) Name of the contractor’s foreman and phone number 28 f) Name of the City’s inspector and phone number 29 g) City’s after-hours phone number 30 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 31 A. 32 3) Submit schedule showing the construction start and finish time for each 33 block of the project to the inspector. 34 4) Deliver flyer to the City Inspector for review prior to distribution. 35 b. No construction will be allowed to begin on any block until the flyer is 36 delivered to all residents of the block. 37 G. Public Notification of Temporary Water Service Interruption during Construction 38 1. In the event it becomes necessary to temporarily shut down water service to 39 residents or businesses during construction, prepare and deliver a notice or flyer of 40 the pending interruption to the front door of each affected resident. 41 2. Prepared notice as follows: 42 a. The notification or flyer shall be posted 24 hours prior to the temporary 43 interruption. 44 b. Prepare flyer on the contractor’s letterhead and include the following 45 information: 46 1) Name of the project 47 2) City Project Number 48 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August, 30, 2013 3) Date of the interruption of service 1 4) Period the interruption will take place 2 5) Name of the contractor’s foreman and phone number 3 6) Name of the City’s inspector and phone number 4 c. A sample of the temporary water service interruption notification is attached as 5 Exhibit B. 6 d. Deliver a copy of the temporary interruption notification to the City inspector 7 for review prior to being distributed. 8 e. No interruption of water service can occur until the flyer has been delivered to 9 all affected residents and businesses. 10 f. Electronic versions of the sample flyers can be obtained from the Project 11 Construction Inspector. 12 H. Coordination with United States Army Corps of Engineers (USACE) 13 1. At locations in the Project where construction activities occur in areas where 14 USACE permits are required, meet all requirements set forth in each designated 15 permit. 16 I. Coordination within Railroad Permit Areas 17 1. At locations in the project where construction activities occur in areas where 18 railroad permits are required, meet all requirements set forth in each designated 19 railroad permit. This includes, but is not limited to, provisions for: 20 a. Flagmen 21 b. Inspectors 22 c. Safety training 23 d. Additional insurance 24 e. Insurance certificates 25 f. Other employees required to protect the right-of-way and property of the 26 Railroad Company from damage arising out of and/or from the construction of 27 the project. Proper utility clearance procedures shall be used in accordance 28 with the permit guidelines. 29 2. Obtain any supplemental information needed to comply with the railroad’s 30 requirements. 31 J. Dust Control 32 1. Use acceptable measures to control dust at the Site. 33 a. If water is used to control dust, capture and properly dispose of waste water. 34 b. If wet saw cutting is performed, capture and properly dispose of slurry. 35 K. Employee Parking 36 1. Provide parking for employees at locations approved by the City. 37 01 35 13 - 5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August, 30, 2013 1.4 SUBMITTALS [NOT USED] 1 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.6 CLOSEOUT SUBMITTALS [NOT USED] 3 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.8 QUALITY ASSURANCE [NOT USED] 5 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.10 FIELD [SITE] CONDITIONS [NOT USED] 7 1.11 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.3.B – Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 13 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August, 30, 2013 EXHIBIT A 1 (To be printed on Contractor’s Letterhead) 2 3 4 5 Date: 6 7 CPN No.: 8 Project Name: 9 Mapsco Location: 10 Limits of Construction: 11 12 13 14 15 16 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 17 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 18 PROPERTY. 19 20 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 21 OF THIS NOTICE. 22 23 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 24 ISSUE, PLEASE CALL: 25 26 27 Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 28 29 OR 30 31 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 32 33 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 34 35 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 36 37 01 35 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised August, 30, 2013 EXHIBIT B 1 2 3 4 01 45 23 TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 Oak Ridge, Phase 2 CPN 102078 SECTION 01 45 23 TESTING AND INSPECTION SERVICES PART 1 - 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 1. 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 external FTP site approved by the City. 01 45 23 TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 Oak Ridge, Phase 2 CPN 102078 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 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] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 3/9/2020 D.V. Magaña Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City’s document management system. 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised JULY 1, 2011 SECTION 01 50 00 1 TEMPORARY FACILITIES AND CONTROLS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Provide temporary facilities and controls needed for the Work including, but not 6 necessarily limited to: 7 a. Temporary utilities 8 b. Sanitary facilities 9 c. Storage Sheds and Buildings 10 d. Dust control 11 e. Temporary fencing of the construction site 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 – General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Temporary Utilities 24 1. Obtaining Temporary Service 25 a. Make arrangements with utility service companies for temporary services. 26 b. Abide by rules and regulations of utility service companies or authorities 27 having jurisdiction. 28 c. Be responsible for utility service costs until Work is approved for Final 29 Acceptance. 30 1) Included are fuel, power, light, heat and other utility services necessary for 31 execution, completion, testing and initial operation of Work. 32 2. Water 33 a. Contractor to provide water required for and in connection with Work to be 34 performed and for specified tests of piping, equipment, devices or other use as 35 required for the completion of the Work. 36 b. Provide and maintain adequate supply of potable water for domestic 37 consumption by Contractor personnel and City’s Project Representatives. 38 c. Coordination 39 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised JULY 1, 2011 1) Contact City 1 week before water for construction is desired 1 d. Contractor Payment for Construction Water 2 1) Obtain construction water meter from City for payment as billed by City’s 3 established rates. 4 3. Electricity and Lighting 5 a. Provide and pay for electric powered service as required for Work, including 6 testing of Work. 7 1) Provide power for lighting, operation of equipment, or other use. 8 b. Electric power service includes temporary power service or generator to 9 maintain operations during scheduled shutdown. 10 4. Telephone 11 a. Provide emergency telephone service at Site for use by Contractor personnel 12 and others performing work or furnishing services at Site. 13 5. Temporary Heat and Ventilation 14 a. Provide temporary heat as necessary for protection or completion of Work. 15 b. Provide temporary heat and ventilation to assure safe working conditions. 16 B. Sanitary Facilities 17 1. Provide and maintain sanitary facilities for persons on Site. 18 a. Comply with regulations of State and local departments of health. 19 2. Enforce use of sanitary facilities by construction personnel at job site. 20 a. Enclose and anchor sanitary facilities. 21 b. No discharge will be allowed from these facilities. 22 c. Collect and store sewage and waste so as not to cause nuisance or health 23 problem. 24 d. Haul sewage and waste off-site at no less than weekly intervals and properly 25 dispose in accordance with applicable regulation. 26 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 27 4. Remove facilities at completion of Project 28 C. Storage Sheds and Buildings 29 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 30 above ground level for materials and equipment susceptible to weather damage. 31 2. Storage of materials not susceptible to weather damage may be on blocks off 32 ground. 33 3. Store materials in a neat and orderly manner. 34 a. Place materials and equipment to permit easy access for identification, 35 inspection and inventory. 36 4. Equip building with lockable doors and lighting, and provide electrical service for 37 equipment space heaters and heating or ventilation as necessary to provide storage 38 environments acceptable to specified manufacturers. 39 5. Fill and grade site for temporary structures to provide drainage away from 40 temporary and existing buildings. 41 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised JULY 1, 2011 E. Dust Control 1 1. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 a. Contractor remains on-call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 1. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. 8 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS [NOT USED] 17 PART 3 - EXECUTION [NOT USED] 18 3.1 INSTALLERS [NOT USED] 19 3.2 EXAMINATION [NOT USED] 20 3.3 PREPARATION [NOT USED] 21 3.4 INSTALLATION 22 A. Temporary Facilities 23 1. Maintain all temporary facilities for duration of construction activities as needed. 24 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised JULY 1, 2011 3.5 [REPAIR] / [RESTORATION] 1 3.6 RE-INSTALLATION 2 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3 3.8 SYSTEM STARTUP [NOT USED] 4 3.9 ADJUSTING [NOT USED] 5 3.10 CLEANING [NOT USED] 6 3.11 CLOSEOUT ACTIVITIES 7 A. Temporary Facilities 8 1. Remove all temporary facilities and restore area after completion of the Work, to a 9 condition equal to or better than prior to start of Work. 10 3.12 PROTECTION [NOT USED] 11 3.13 MAINTENANCE [NOT USED] 12 3.14 ATTACHMENTS [NOT USED] 13 END OF SECTION 14 15 Revision Log DATE NAME SUMMARY OF CHANGE 16 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised July 1, 2011 SECTION 01 55 26 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Administrative procedures for: 6 a. Street Use Permit 7 b. Modification of approved traffic control 8 c. Removal of Street Signs 9 B. Deviations from this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sections include, but are not necessarily limited to: 12 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1 – General Requirements 14 3. Section 34 71 13 – Traffic Control 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various Items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Reference Standards 21 1. Reference standards cited in this specification refer to the current reference standard 22 published at the time of the latest revision date logged at the end of this 23 specification, unless a date is specifically cited. 24 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 25 1.4 ADMINISTRATIVE REQUIREMENTS 26 A. Traffic Control 27 1. General 28 a. When traffic control plans are included in the Drawings, provide Traffic 29 Control in accordance with Drawings and Section 34 71 13. 30 b. When traffic control plans are not included in the Drawings, prepare traffic 31 control plans in accordance with Section 34 71 13 and submit to City for 32 review. 33 1) Allow minimum 10 working days for review of proposed Traffic Control. 34 B. Street Use Permit 35 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 36 a. To obtain Street Use Permit, submit Traffic Control Plans to City 37 Transportation and Public Works Department. 38 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised July 1, 2011 1) Allow a minimum of 5 working days for permit review. 1 2) Contractor’s responsibility to coordinate review of Traffic Control plans for 2 Street Use Permit, such that construction is not delayed. 3 C. Modification to Approved Traffic Control 4 1. Prior to installation traffic control: 5 a. Submit revised traffic control plans to City Department Transportation and 6 Public Works Department. 7 1) Revise Traffic Control plans in accordance with Section 34 71 13. 8 2) Allow minimum 5 working days for review of revised Traffic Control. 9 3) It is the Contractor’s responsibility to coordinate review of Traffic Control 10 plans for Street Use Permit, such that construction is not delayed. 11 D. Removal of Street Sign 12 1. If it is determined that a street sign must be removed for construction, then contact 13 City Transportation and Public Works Department, Signs and Markings Division to 14 remove the sign. 15 E. Temporary Signage 16 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 17 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 18 Devices (MUTCD). 19 2. Install temporary sign before the removal of permanent sign. 20 3. When construction is complete, to the extent that the permanent sign can be 21 reinstalled, contact the City Transportation and Public Works Department, Signs 22 and Markings Division, to reinstall the permanent sign. 23 F. Traffic Control Standards 24 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2 - PRODUCTS [NOT USED] 34 PART 3 - EXECUTION [NOT USED] 35 END OF SECTION 36 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised July 1, 2011 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised July 1, 2011 SECTION 01 57 13 1 STORM WATER POLLUTION PREVENTION 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Procedures for Storm Water Pollution Prevention Plans 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the 10 Contract 11 2. Division 1 – General Requirements 12 3. Section 31 25 00 – Erosion and Sediment Control 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Construction Activities resulting in less than 1 acre of disturbance 16 a. Work associated with this Item is considered subsidiary to the various Items 17 bid. No separate payment will be allowed for this Item. 18 2. Construction Activities resulting in greater than 1 acre of disturbance 19 a. Measurement and Payment shall be in accordance with Section 31 25 00. 20 1.3 REFERENCES 21 A. Abbreviations and Acronyms 22 1. Notice of Intent: NOI 23 2. Notice of Termination: NOT 24 3. Storm Water Pollution Prevention Plan: SWPPP 25 4. Texas Commission on Environmental Quality: TCEQ 26 5. Notice of Change: NOC 27 A. Reference Standards 28 1. Reference standards cited in this Specification refer to the current reference 29 standard published at the time of the latest revision date logged at the end of this 30 Specification, unless a date is specifically cited. 31 2. Integrated Storm Management (iSWM) Technical Manual for Construction 32 Controls 33 1.4 ADMINISTRATIVE REQUIREMENTS 34 A. General 35 1. Contractor is responsible for resolution and payment of any fines issued associated 36 with compliance to Stormwater Pollution Prevention Plan. 37 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised July 1, 2011 B. Construction Activities resulting in: 1 1. Less than 1 acre of disturbance 2 a. Provide erosion and sediment control in accordance with Section 31 25 00 and 3 Drawings. 4 2. 1 to less than 5 acres of disturbance 5 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 6 Permit is required 7 b. Complete SWPPP in accordance with TCEQ requirements 8 1) TCEQ Small Construction Site Notice Required under general permit 9 TXR150000 10 a) Sign and post at job site 11 b) Prior to Preconstruction Meeting, send 1 copy to City Department of 12 Transportation and Public Works, Environmental Division, (817) 392-13 6088. 14 2) Provide erosion and sediment control in accordance with: 15 a) Section 31 25 00 16 b) The Drawings 17 c) TXR150000 General Permit 18 d) SWPPP 19 e) TCEQ requirements 20 3. 5 acres or more of Disturbance 21 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 22 Permit is required 23 b. Complete SWPPP in accordance with TCEQ requirements 24 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 25 a) Sign and post at job site 26 b) Send copy to City Department of Transportation and Public Works, 27 Environmental Division, (817) 392-6088. 28 2) TCEQ Notice of Change required if making changes or updates to NOI 29 3) Provide erosion and sediment control in accordance with: 30 a) Section 31 25 00 31 b) The Drawings 32 c) TXR150000 General Permit 33 d) SWPPP 34 e) TCEQ requirements 35 4) Once the project has been completed and all the closeout requirements of 36 TCEQ have been met a TCEQ Notice of Termination can be submitted. 37 a) Send copy to City Department of Transportation and Public Works, 38 Environmental Division, (817) 392-6088. 39 1.5 SUBMITTALS 40 A. SWPPP 41 1. Submit in accordance with Section 01 33 00, except as stated herein. 42 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 43 as follows: 44 1) 1 copy to the City Project Manager 45 a) City Project Manager will forward to the City Department of 46 Transportation and Public Works, Environmental Division for review 47 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised July 1, 2011 B. Modified SWPPP 1 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 2 in accordance with Section 01 33 00. 3 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 4 1.7 CLOSEOUT SUBMITTALS [NOT USED] 5 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 6 1.9 QUALITY ASSURANCE [NOT USED] 7 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 8 1.11 FIELD [SITE] CONDITIONS [NOT USED] 9 1.12 WARRANTY [NOT USED] 10 PART 2 - PRODUCTS [NOT USED] 11 PART 3 - EXECUTION [NOT USED] 12 END OF SECTION 13 14 Revision Log DATE NAME SUMMARY OF CHANGE 15 01 60 00 PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 Oak Ridge, Phase 2 CPN 102078 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. A list of City approved products for use is available through the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ and following the directory path; 02 - Construction Documents/Standard Products List B. Only products specifically included on City’s Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. C. Any specific product requirements in the Contract Documents supersede similar products included on the City’s Standard Product List. 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. D. Although a specific product is included on City’s Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer’s standard product. E. See Section 01 33 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] 01 60 00 PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 Oak Ridge, Phase 2 CPN 102078 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 3/9/2020 D.V. Magaña Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City’s website. 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 SECTION 01 66 00 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Scheduling of product delivery 6 2. Packaging of products for delivery 7 3. Protection of products against damage from: 8 a. Handling 9 b. Exposure to elements or harsh environments 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 – General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various Items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES [NOT USED] 20 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 21 1.5 SUBMITTALS [NOT USED] 22 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 23 1.7 CLOSEOUT SUBMITTALS [NOT USED] 24 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 25 1.9 QUALITY ASSURANCE [NOT USED] 26 1.10 DELIVERY AND HANDLING 27 A. Delivery Requirements 28 1. Schedule delivery of products or equipment as required to allow timely installation 29 and to avoid prolonged storage. 30 2. Provide appropriate personnel and equipment to receive deliveries. 31 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 32 for personnel or equipment to receive the delivery. 33 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 1 containers designed and constructed to protect the contents from physical or 2 environmental damage. 3 5. Clearly and fully mark and identify as to manufacturer, item and installation 4 location. 5 6. Provide manufacturer's instructions for storage and handling. 6 B. Handling Requirements 7 1. Handle products or equipment in accordance with these Contract Documents and 8 manufacturer’s recommendations and instructions. 9 C. Storage Requirements 10 1. Store materials in accordance with manufacturer’s recommendations and 11 requirements of these Specifications. 12 2. Make necessary provisions for safe storage of materials and equipment. 13 a. Place loose soil materials and materials to be incorporated into Work to prevent 14 damage to any part of Work or existing facilities and to maintain free access at 15 all times to all parts of Work and to utility service company installations in 16 vicinity of Work. 17 3. Keep materials and equipment neatly and compactly stored in locations that will 18 cause minimum inconvenience to other contractors, public travel, adjoining owners, 19 tenants and occupants. 20 a. Arrange storage to provide easy access for inspection. 21 4. Restrict storage to areas available on construction site for storage of material and 22 equipment as shown on Drawings, or approved by City’s Project Representative. 23 5. Provide off-site storage and protection when on-site storage is not adequate. 24 a. Provide addresses of and access to off-site storage locations for inspection by 25 City’s Project Representative. 26 6. Do not use lawns, grass plots or other private property for storage purposes without 27 written permission of owner or other person in possession or control of premises. 28 7. Store in manufacturers’ unopened containers. 29 8. Neatly, safely and compactly stack materials delivered and stored along line of 30 Work to avoid inconvenience and damage to property owners and general public 31 and maintain at least 3 feet from fire hydrant. 32 9. Keep public and private driveways and street crossings open. 33 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 34 satisfaction of City’s Project Representative. 35 a. Total length which materials may be distributed along route of construction at 36 one time is 1,000 linear feet, unless otherwise approved in writing by City’s 37 Project Representative. 38 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION [NOT USED] 6 3.3 PREPARATION [NOT USED] 7 3.4 ERECTION [NOT USED] 8 3.5 REPAIR / RESTORATION [NOT USED] 9 3.6 RE-INSTALLATION [NOT USED] 10 3.7 FIELD [OR] SITE QUALITY CONTROL 11 A. Tests and Inspections 12 1. Inspect all products or equipment delivered to the site prior to unloading. 13 B. Non-Conforming Work 14 1. Reject all products or equipment that are damaged, used or in any other way 15 unsatisfactory for use on the project. 16 3.8 SYSTEM STARTUP [NOT USED] 17 3.9 ADJUSTING [NOT USED] 18 3.10 CLEANING [NOT USED] 19 3.11 CLOSEOUT ACTIVITIES [NOT USED] 20 3.12 PROTECTION 21 A. Protect all products or equipment in accordance with manufacturer's written directions. 22 B. Store products or equipment in location to avoid physical damage to items while in 23 storage. 24 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 25 the manufacturer. 26 3.13 MAINTENANCE [NOT USED] 27 3.14 ATTACHMENTS [NOT USED] 28 END OF SECTION 29 30 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 1 01 70 00 - 1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 6 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 SECTION 01 70 00 1 MOBILIZATION AND REMOBILIZATION 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Mobilization and Demobilization 6 a. Mobilization 7 1) Transportation of Contractor’s personnel, equipment, and operating supplies 8 to the Site 9 2) Establishment of necessary general facilities for the Contractor’s operation 10 at the Site 11 3) Premiums paid for performance and payment bonds 12 4) Transportation of Contractor’s personnel, equipment, and operating supplies 13 to another location within the designated Site 14 5) Relocation of necessary general facilities for the Contractor’s operation 15 from 1 location to another location on the Site. 16 b. Demobilization 17 1) Transportation of Contractor’s personnel, equipment, and operating supplies 18 away from the Site including disassembly 19 2) Site Clean-up 20 3) Removal of all buildings and/or other facilities assembled at the Site for this 21 Contract 22 c. Mobilization and Demobilization do not include activities for specific items of 23 work that are for which payment is provided elsewhere in the contract. 24 2. Remobilization 25 a. Remobilization for Suspension of Work specifically required in the Contract 26 Documents or as required by City includes: 27 1) Demobilization 28 29 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 6 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 a) Transportation of Contractor’s personnel, equipment, and operating 1 supplies from the Site including disassembly or temporarily securing 2 equipment, supplies, and other facilities as designated by the Contract 3 Documents necessary to suspend the Work. 4 b) Site Clean-up as designated in the Contract Documents 5 2) Remobilization 6 a) Transportation of Contractor’s personnel, equipment, and operating 7 supplies to the Site necessary to resume the Work. 8 b) Establishment of necessary general facilities for the Contractor’s 9 operation at the Site necessary to resume the Work. 10 3) No Payments will be made for: 11 a) Mobilization and Demobilization from one location to another on the 12 Site in the normal progress of performing the Work. 13 b) Stand-by or idle time 14 c) Lost profits 15 3. Mobilizations and Demobilization for Miscellaneous Projects 16 a. Mobilization and Demobilization 17 1) Mobilization shall consist of the activities and cost on a Work Order basis 18 necessary for: 19 a) Transportation of Contractor’s personnel, equipment, and operating 20 supplies to the Site for the issued Work Order. 21 b) Establishment of necessary general facilities for the Contractor’s 22 operation at the Site for the issued Work Order 23 2) Demobilization shall consist of the activities and cost necessary for: 24 a) Transportation of Contractor’s personnel, equipment, and operating 25 supplies from the Site including disassembly for each issued Work 26 Order 27 b) Site Clean-up for each issued Work Order 28 c) Removal of all buildings or other facilities assembled at the Site for 29 each Work Oder 30 b. Mobilization and Demobilization do not include activities for specific items of 31 work for which payment is provided elsewhere in the contract. 32 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 6 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects 1 a. A Mobilization for Miscellaneous Projects when directed by the City and the 2 mobilization occurs within 24 hours of the issuance of the Work Order. 3 B. Deviations from this City of Fort Worth Standard Specification 4 1. None. 5 C. Related Specification Sections include, but are not necessarily limited to: 6 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 7 2. Division 1 – General Requirements 8 1.2 PRICE AND PAYMENT PROCEDURES 9 A. Measurement and Payment 10 1. Mobilization and Demobilization 11 a. Measure 12 1) This Item is considered subsidiary to the various Items bid. 13 b. Payment 14 1) The work performed and materials furnished in accordance with this Item 15 are subsidiary to the various Items bid and no other compensation will be 16 allowed. 17 2. Remobilization for suspension of Work as specifically required in the Contract 18 Documents 19 a. Measurement 20 1) Measurement for this Item shall be per each remobilization performed. 21 b. Payment 22 1) The work performed and materials furnished in accordance with this Item 23 and measured as provided under “Measurement” will be paid for at the unit 24 price per each “Specified Remobilization” in accordance with Contract 25 Documents. 26 c. The price shall include: 27 1) Demobilization as described in Section 1.1.A.2.a.1) 28 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 6 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 2) Remobilization as described in Section 1.1.A.2.a.2) 1 d. No payments will be made for standby, idle time, or lost profits associated this 2 Item. 3 3. Remobilization for suspension of Work as required by City 4 a. Measurement and Payment 5 1) This shall be submitted as a Contract Claim in accordance with Article 10 6 of Section 00 72 00. 7 2) No payments will be made for standby, idle time, or lost profits associated 8 with this Item. 9 4. Mobilizations and Demobilizations for Miscellaneous Projects 10 a. Measurement 11 1) Measurement for this Item shall be for each Mobilization and 12 Demobilization required by the Contract Documents 13 b. Payment 14 1) The Work performed and materials furnished in accordance with this Item 15 and measured as provided under “Measurement” will be paid for at the unit 16 price per each “Work Order Mobilization” in accordance with Contract 17 Documents. Demobilization shall be considered subsidiary to mobilization 18 and shall not be paid for separately. 19 c. The price shall include: 20 1) Mobilization as described in Section 1.1.A.3.a.1) 21 2) Demobilization as described in Section 1.1.A.3.a.2) 22 d. No payments will be made for standby, idle time, or lost profits associated this 23 Item. 24 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 25 a. Measurement 26 1) Measurement for this Item shall be for each Mobilization and 27 Demobilization required by the Contract Documents 28 b. Payment 29 1) The Work performed and materials furnished in accordance with this Item 30 and measured as provided under “Measurement” will be paid for at the unit 31 01 70 00 - 5 DAP MOBILIZATION AND REMOBILIZATION Page 5 of 6 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 price per each “Work Order Emergency Mobilization” in accordance with 1 Contract Documents. Demobilization shall be considered subsidiary to 2 mobilization and shall not be paid for separately. 3 c. The price shall include 4 1) Mobilization as described in Section 1.1.A.4.a) 5 2) Demobilization as described in Section 1.1.A.3.a.2) 6 d. No payments will be made for standby, idle time, or lost profits associated this 7 Item. 8 1.3 REFERENCES [NOT USED] 9 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 10 1.5 SUBMITTALS [NOT USED] 11 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 12 1.7 CLOSEOUT SUBMITTALS [NOT USED] 13 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 14 1.9 QUALITY ASSURANCE [NOT USED] 15 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 16 1.11 FIELD [SITE] CONDITIONS [NOT USED] 17 1.12 WARRANTY [NOT USED] 18 PART 2 - PRODUCTS [NOT USED] 19 PART 3 - EXECUTION [NOT USED] 20 END OF SECTION 21 22 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 70 00 - 6 DAP MOBILIZATION AND REMOBILIZATION Page 6 of 6 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 1 01 71 23 - 1 CONSTRUCTION STAKING AND SURVEY Page 1 of 8 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised February 14, 2018 SECTION 01 71 23 1 CONSTRUCTION STAKING AND SURVEY 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Requirements for construction staking and construction survey 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. See Changes (Highlighted in Yellow). 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Construction Staking 14 a. Measurement 15 1) This Item is considered subsidiary to the various Items bid. 16 b. Payment 17 1) The work performed and the materials furnished in accordance with this 18 Item are subsidiary to the various Items bid and no other compensation will 19 be allowed. 20 2. Construction Survey 21 a. Measurement 22 1) This Item is considered subsidiary to the various Items bid. 23 b. Payment 24 1) The work performed and the materials furnished in accordance with this 25 Item are subsidiary to the various Items bid and no other compensation will be 26 allowed. 27 3. As-Built Survey 28 a. Measurement 29 1) This Item is considered subsidiary to the various Items bid. 30 b. Payment 31 1) The work performed and the materials furnished in accordance with this 32 Item are subsidiary to the various Items bid and no other compensation will be 33 allowed. 34 35 36 37 38 39 40 01 71 23 - 2 CONSTRUCTION STAKING AND SURVEY Page 2 of 8 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised February 14, 2018 1.3 REFERENCES 1 A. Definitions 2 1. Construction Survey - The survey measurements made prior to or while 3 construction is in progress to control elevation, horizontal position, dimensions and 4 configuration of structures/improvements included in the Project Drawings. 5 2. As-built Survey –The measurements made after the construction of the 6 improvement features are complete to provide position coordinates for the features 7 of a project. 8 3. Construction Staking – The placement of stakes and markings to provide offsets 9 and elevations to cut and fill in order to locate on the ground the designed 10 structures/improvements included in the Project Drawings. Construction staking 11 shall include staking easements and/or right of way if indicated on the plans. 12 4. Survey “Field Checks” – Measurements made after construction staking is 13 completed and before construction work begins to ensure that structures marked on 14 the ground are accurately located per Project Drawings. 15 B. Technical References 16 1. City of Fort Worth – Construction Staking Standards (available on City’s Buzzsaw 17 website) – 01 71 23.16.01_ Attachment A_Survey Staking Standards 18 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available 19 on City’s Buzzsaw website). 20 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 21 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land 22 Surveying in the State of Texas, Category 5 23 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. The Contractor’s selection of a surveyor must comply with Texas Government 26 Code 2254 (qualifications based selection) for this project. 27 1.5 SUBMITTALS 28 A. Submittals, if required, shall be in accordance with Section 01 33 00. 29 B. All submittals shall be received and reviewed by the City prior to delivery of work. 30 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 31 A. Field Quality Control Submittals 32 1. Documentation verifying accuracy of field engineering work, including coordinate 33 conversions if plans do not indicate grid or ground coordinates. 34 2. Submit “Cut-Sheets” conforming to the standard template provided by the City 35 (refer to 01 71 23.16.01 – Attachment A – Survey Staking Standards). 36 37 1.7 CLOSEOUT SUBMITTALS 38 B. As-built Redline Drawing Submittal 39 01 71 23 - 3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised February 14, 2018 1. Submit As-Built Survey Redline Drawings documenting the locations/elevations of 1 constructed improvements signed and sealed by Registered Professional Land 2 Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 – Attachment A 3 – Survey Staking Standards) . 4 2. Contractor shall submit the proposed as-built and completed redline drawing 5 submittal one (1) week prior to scheduling the project final inspection for City 6 review and comment. Revisions, if necessary, shall be made to the as-built redline 7 drawings and resubmitted to the City prior to scheduling the construction final 8 inspection. 9 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 10 1.9 QUALITY ASSURANCE 11 A. Construction Staking 12 1. Construction staking will be performed by the Contractor. 13 2. Coordination 14 a. Contact City and Developer’s Project Representative at least one week in 15 advance notifying the City of when Construction Staking is scheduled. 16 b. It is the Contractor’s responsibility to coordinate staking such that 17 construction activities are not delayed or negatively impacted. 18 3. General 19 a. Contractor is responsible for preserving and maintaining stakes. If City 20 surveyors or Developer’s Project Representative are required to re-stake for 21 any reason, the Contractor will be responsible for costs to perform staking. If 22 in the opinion of the City, a sufficient number of stakes or markings have been 23 lost, destroyed disturbed or omitted that the contracted Work cannot take place 24 then the Contractor will be required to stake or re-stake the deficient areas. 25 B. Construction Survey 26 1. Construction Survey will be performed by the Contractor. 27 2. Coordination 28 a. Contractor to verify that horizontal and vertical control data established in the 29 design survey and required for construction survey is available and in place. 30 3. General 31 a. Construction survey will be performed in order to construct the work shown 32 on the Construction Drawings and specified in the Contract Documents. 33 b. For construction methods other than open cut, the Contractor shall perform 34 construction survey and verify control data including, but not limited to, the 35 following: 36 1) Verification that established benchmarks and control are accurate. 37 2) Use of Benchmarks to furnish and maintain all reference lines and grades 38 for tunneling. 39 3) Use of line and grades to establish the location of the pipe. 40 4) Submit to the City copies of field notes used to establish all lines and 41 grades, if requested, and allow the City to check guidance system setup prior 42 to beginning each tunneling drive. 43 5) Provide access for the City, if requested, to verify the guidance system and 44 the line and grade of the carrier pipe. 45 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 8 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised February 14, 2018 6) The Contractor remains fully responsible for the accuracy of the work and 1 correction of it, as required. 2 7) Monitor line and grade continuously during construction. 3 8) Record deviation with respect to design line and grade once at each pipe 4 joint and submit daily records to the City. 5 9) If the installation does not meet the specified tolerances (as outlined in 6 Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct 7 the installation in accordance with the Contract Documents. 8 C. As-Built Survey 9 1. Required As-Built Survey will be performed by the Contractor. 10 2. Coordination 11 a. Contractor is to coordinate with City to confirm which features require as-12 built surveying. 13 b. It is the Contractor’s responsibility to coordinate the as-built survey and 14 required measurements for items that are to be buried such that construction 15 activities are not delayed or negatively impacted. 16 c. For sewer mains and water mains 12” and under in diameter, it is acceptable 17 to physically measure depth and mark the location during the progress of 18 construction and take as-built survey after the facility has been buried. The 19 Contractor is responsible for the quality control needed to ensure accuracy. 20 3. General 21 a. The Contractor shall provide as-built survey including the elevation and 22 location (and provide written documentation to the City) of construction 23 features during the progress of the construction including the following: 24 1) Water Lines 25 a) Top of pipe elevations and coordinates for waterlines at the following 26 locations: 27 (1) Minimum every 250 linear feet, including 28 (2) Horizontal and vertical points of inflection, curvature, 29 etc. 30 (3) Fire line tee 31 (4) Plugs, stub-outs, dead-end lines 32 (5) Casing pipe (each end) and all buried fittings 33 2) Sanitary Sewer 34 a) Top of pipe elevations and coordinates for force mains and siphon 35 sanitary sewer lines (non-gravity facilities) at the following locations: 36 (1) Minimum every 250 linear feet and any buried fittings 37 (2) Horizontal and vertical points of inflection, curvature, 38 etc. 39 3) Stormwater – Not Applicable 40 b. The Contractor shall provide as-built survey including the elevation and 41 location (and provide written documentation to the City) of construction 42 features after the construction is completed including the following: 43 1) Manholes 44 a) Rim and flowline elevations and coordinates for each manhole 45 2) Water Lines 46 a) Cathodic protection test stations 47 b) Sampling stations 48 c) Meter boxes/vaults (All sizes) 49 01 71 23 - 5 CONSTRUCTION STAKING AND SURVEY Page 5 of 8 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised February 14, 2018 d) Fire hydrants 1 e) Valves (gate, butterfly, etc.) 2 f) Air Release valves (Manhole rim and vent pipe) 3 g) Blow off valves (Manhole rim and valve lid) 4 h) Pressure plane valves 5 i) Underground Vaults 6 (1) Rim and flowline elevations and coordinates for each 7 Underground Vault. 8 3) Sanitary Sewer 9 a) Cleanouts 10 (1) Rim and flowline elevations and coordinates for each 11 b) Manholes and Junction Structures 12 (1) Rim and flowline elevations and coordinates for each 13 manhole and junction structure. 14 4) Stormwater – Not Applicable 15 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 16 1.11 FIELD [SITE] CONDITIONS [NOT USED] 17 1.12 WARRANTY 18 PART 2 - PRODUCTS 19 A. A construction survey will produce, but will not be limited to: 20 1. Recovery of relevant control points, points of curvature and points of intersection. 21 2. Establish temporary horizontal and vertical control elevations (benchmarks) 22 sufficiently permanent and located in a manner to be used throughout construction. 23 3. The location of planned facilities, easements and improvements. 24 a. Establishing final line and grade stakes for piers, floors, grade beams, parking 25 areas, utilities, streets, highways, tunnels, and other construction. 26 b. A record of revisions or corrections noted in an orderly manner for reference. 27 c. A drawing, when required by the client, indicating the horizontal and vertical 28 location of facilities, easements and improvements, as built. 29 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all 30 construction staking projects. These cut sheets shall be on the standard city template 31 which can be obtained from the Survey Superintendent (817-392-7925). 32 5. Digital survey files in the following formats shall be acceptable: 33 a. AutoCAD (.dwg) 34 b. ESRI Shapefile (.shp) 35 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use 36 standard templates, if available) 37 6. Survey files shall include vertical and horizontal data tied to original project 38 control and benchmarks, and shall include feature descriptions 39 PART 3 - EXECUTION 40 3.1 INSTALLERS 41 01 71 23 - 6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised February 14, 2018 A. Tolerances: 1 1. The staked location of any improvement or facility should be as accurate as 2 practical and necessary. The degree of precision required is dependent on many 3 factors all of which must remain judgmental. The tolerances listed hereafter are 4 based on generalities and, under certain circumstances, shall yield to specific 5 requirements. The surveyor shall assess any situation by review of the overall plans 6 and through consultation with responsible parties as to the need for specific 7 tolerances. 8 a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical 9 tolerance. Horizontal alignment for earthwork and rough cut should not exceed 10 1.0 ft. tolerance. 11 b. Horizontal alignment on a structure shall be within .0.1ft tolerance. 12 c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and 13 walkways shall be located within the confines of the site boundaries and, 14 occasionally, along a boundary or any other restrictive line. Away from any 15 restrictive line, these facilities should be staked with an accuracy producing no 16 more than 0.05ft. tolerance from their specified locations. 17 d. Underground and overhead utilities, such as sewers, gas, water, telephone and 18 electric lines, shall be located horizontally within their prescribed areas or 19 easements. Within assigned areas, these utilities should be staked with an 20 accuracy producing no more than 0.1 ft tolerance from a specified location. 21 e. The accuracy required for the vertical location of utilities varies widely. Many 22 underground utilities require only a minimum cover and a tolerance of 0.1 ft. 23 should be maintained. Underground and overhead utilities on planned profile, 24 but not depending on gravity flow for performance, should not exceed 0.1 ft. 25 tolerance. 26 B. Surveying instruments shall be kept in close adjustment according to manufacturer’s 27 specifications or in compliance to standards. The City reserves the right to request a 28 calibration report at any time and recommends regular maintenance schedule be 29 performed by a certified technician every 6 months. 30 1. Field measurements of angles and distances shall be done in such fashion as to 31 satisfy the closures and tolerances expressed in Part 3.1.A. 32 2. Vertical locations shall be established from a pre-established benchmark and 33 checked by closing to a different bench mark on the same datum. 34 3. Construction survey field work shall correspond to the client’s plans. Irregularities 35 or conflicts found shall be reported promptly to the City. 36 4. Revisions, corrections and other pertinent data shall be logged for future reference. 37 38 3.2 EXAMINATION [NOT USED] 39 3.3 PREPARATION [NOT USED] 40 3.4 APPLICATION 41 3.5 REPAIR / RESTORATION 42 A. If the Contractor’s work damages or destroys one or more of the control 43 monuments/points set by the City or Developer’s Project Representative, the monuments 44 shall be adequately referenced for expedient restoration. 45 01 71 23 - 7 CONSTRUCTION STAKING AND SURVEY Page 7 of 8 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised February 14, 2018 1. Notify City or Developer’s Project Representative if any control data needs to be 1 restored or replaced due to damage caused during construction operations. 2 a. Contractor shall perform replacements and/or restorations. 3 b. The City or Developer’s Project Representative may require at any time a 4 survey “Field Check” of any monument or benchmarks that are set be verified 5 by the City surveyors or Developer’s Project Representative before further 6 associated work can move forward. 7 3.6 RE-INSTALLATION [NOT USED] 8 3.7 FIELD [OR] SITE QUALITY CONTROL 9 A. It is the Contractor’s responsibility to maintain all stakes and control data placed by the 10 City or Developer’s Project Representative in accordance with this Specification. This 11 includes easements and right of way, if noted on the plans. 12 B. Do not change or relocate stakes or control data without approval from the City. 13 3.8 SYSTEM STARTUP 14 A. Survey Checks 15 1. The City reserves the right to perform a Survey Check at any time deemed 16 necessary. 17 2. Checks by City personnel or 3rd party contracted surveyor are not intended to 18 relieve the contractor of his/her responsibility for accuracy. 19 20 3.9 ADJUSTING [NOT USED] 21 3.10 CLEANING [NOT USED] 22 3.11 CLOSEOUT ACTIVITIES [NOT USED] 23 3.12 PROTECTION [NOT USED] 24 3.13 MAINTENANCE [NOT USED] 25 3.14 ATTACHMENTS [NOT USED] 26 END OF SECTION 27 28 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 8/31/2017 M. Owen Added instruction and modified measurement & payment under 1.2; added definitions and references under 1.3; modified 1.6; added 1.7 closeout submittal requirements; modified 1.9 Quality Assurance; added PART 2 – PRODUCTS ; Added 3.1 Installers; added 3.5 Repair/Restoration; and added 3.8 System Startup. 2/14/2018 M Owen Removed “blue text”; revised measurement and payment sections for Construction Staking and As-Built Survey; added reference to selection compliance with TGC 2254; revised action and Closeout submittal requirements; added acceptable depth 01 71 23 - 8 CONSTRUCTION STAKING AND SURVEY Page 8 of 8 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised February 14, 2018 measurement criteria; revised list of items requiring as-built survey “during” and “after” construction; and revised acceptable digital survey file format 1 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 SECTION 01 74 23 1 CLEANING 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Intermediate and final cleaning for Work not including special cleaning of closed 6 systems specified elsewhere 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 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various Items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Scheduling 20 1. Schedule cleaning operations so that dust and other contaminants disturbed by 21 cleaning process will not fall on newly painted surfaces. 22 2. Schedule final cleaning upon completion of Work and immediately prior to final 23 inspection. 24 1.5 SUBMITTALS [NOT USED] 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26 1.7 CLOSEOUT SUBMITTALS [NOT USED] 27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.9 QUALITY ASSURANCE [NOT USED] 29 1.10 STORAGE, AND HANDLING 30 A. Storage and Handling Requirements 31 1. Store cleaning products and cleaning wastes in containers specifically designed for 32 those materials. 33 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS 3 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 4 2.2 MATERIALS 5 A. Cleaning Agents 6 1. Compatible with surface being cleaned 7 2. New and uncontaminated 8 3. For manufactured surfaces 9 a. Material recommended by manufacturer 10 2.3 ACCESSORIES [NOT USED] 11 2.4 SOURCE QUALITY CONTROL [NOT USED] 12 PART 3 - EXECUTION 13 3.1 INSTALLERS [NOT USED] 14 3.2 EXAMINATION [NOT USED] 15 3.3 PREPARATION [NOT USED] 16 3.4 APPLICATION [NOT USED] 17 3.5 REPAIR / RESTORATION [NOT USED] 18 3.6 RE-INSTALLATION [NOT USED] 19 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING 23 A. General 24 1. Prevent accumulation of wastes that create hazardous conditions. 25 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 26 governing authorities. 27 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 28 storm or sanitary drains or sewers. 29 4. Dispose of degradable debris at an approved solid waste disposal site. 30 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 31 alternate manner approved by City and regulatory agencies. 32 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 6. Handle materials in a controlled manner with as few handlings as possible. 1 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 2 this project. 3 8. Remove all signs of temporary construction and activities incidental to construction 4 of required permanent Work. 5 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 6 have the cleaning completed at the expense of the Contractor. 7 10. Do not burn on-site. 8 B. Intermediate Cleaning during Construction 9 1. Keep Work areas clean so as not to hinder health, safety or convenience of 10 personnel in existing facility operations. 11 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 12 3. Confine construction debris daily in strategically located container(s): 13 a. Cover to prevent blowing by wind 14 b. Store debris away from construction or operational activities 15 c. Haul from site at a minimum of once per week 16 4. Vacuum clean interior areas when ready to receive finish painting. 17 a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 18 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 19 may become airborne or transported by flowing water during the storm. 20 C. Exterior (Site or Right of Way) Final Cleaning 21 1. Remove trash and debris containers from site. 22 a. Re-seed areas disturbed by location of trash and debris containers in accordance 23 with Section 32 92 13. 24 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 25 that may hinder or disrupt the flow of traffic along the roadway. 26 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 27 junction boxes and inlets. 28 4. If no longer required for maintenance of erosion facilities, and upon approval by 29 City, remove erosion control from site. 30 5. Clean signs, lights, signals, etc. 31 3.11 CLOSEOUT ACTIVITIES [NOT USED] 32 3.12 PROTECTION [NOT USED] 33 3.13 MAINTENANCE [NOT USED] 34 3.14 ATTACHMENTS [NOT USED] 35 36 37 38 39 40 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 END OF SECTION 1 2 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 3 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 SECTION 01 77 19 1 CLOSEOUT REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedure for closing out a contract 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various Items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Guarantees, Bonds and Affidavits 18 1. No application for final payment will be accepted until all guarantees, bonds, 19 certificates, licenses and affidavits required for Work or equipment as specified are 20 satisfactorily filed with the City. 21 B. Release of Liens or Claims 22 1. No application for final payment will be accepted until satisfactory evidence of 23 release of liens has been submitted to the City. 24 1.5 SUBMITTALS 25 A. Submit all required documentation to City’s Project Representative. 26 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1 1.7 CLOSEOUT SUBMITTALS [NOT USED] 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION [NOT USED] 6 3.3 PREPARATION [NOT USED] 7 3.4 CLOSEOUT PROCEDURE 8 A. Prior to requesting Final Inspection, submit: 9 1. Project Record Documents in accordance with Section 01 78 39 10 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 11 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 12 01 74 23. 13 C. Final Inspection 14 1. After final cleaning, provide notice to the City Project Representative that the Work 15 is completed. 16 a. The City will make an initial Final Inspection with the Contractor present. 17 b. Upon completion of this inspection, the City will notify the Contractor, in 18 writing within 10 business days, of any particulars in which this inspection 19 reveals that the Work is defective or incomplete. 20 2. Upon receiving written notice from the City, immediately undertake the Work 21 required to remedy deficiencies and complete the Work to the satisfaction of the 22 City. 23 3. Upon completion of Work associated with the items listed in the City's written 24 notice, inform the City, that the required Work has been completed. Upon receipt 25 of this notice, the City, in the presence of the Contractor, will make a subsequent 26 Final Inspection of the project. 27 4. Provide all special accessories required to place each item of equipment in full 28 operation. These special accessory items include, but are not limited to: 29 a. Specified spare parts 30 b. Adequate oil and grease as required for the first lubrication of the equipment 31 c. Initial fill up of all chemical tanks and fuel tanks 32 d. Light bulbs 33 e. Fuses 34 f. Vault keys 35 g. Handwheels 36 h. Other expendable items as required for initial start-up and operation of all 37 equipment 38 D. Notice of Project Completion 39 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 1. Once the City Project Representative finds the Work subsequent to Final Inspection 1 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 2 E. Supporting Documentation 3 1. Coordinate with the City Project Representative to complete the following 4 additional forms: 5 a. Final Payment Request 6 b. Statement of Contract Time 7 c. Affidavit of Payment and Release of Liens 8 d. Consent of Surety to Final Payment 9 e. Pipe Report (if required) 10 f. Contractor’s Evaluation of City 11 g. Performance Evaluation of Contractor 12 F. Letter of Final Acceptance 13 1. Upon review and acceptance of Notice of Project Completion and Supporting 14 Documentation, in accordance with General Conditions, City will issue Letter of 15 Final Acceptance and release the Final Payment Request for payment. 16 3.5 REPAIR / RESTORATION [NOT USED] 17 3.6 RE-INSTALLATION [NOT USED] 18 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 19 3.8 SYSTEM STARTUP [NOT USED] 20 3.9 ADJUSTING [NOT USED] 21 3.10 CLEANING [NOT USED] 22 3.11 CLOSEOUT ACTIVITIES [NOT USED] 23 3.12 PROTECTION [NOT USED] 24 3.13 MAINTENANCE [NOT USED] 25 3.14 ATTACHMENTS [NOT USED] 26 END OF SECTION 27 28 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 29 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 SECTION 01 78 23 1 OPERATION AND MAINTENANCE DATA 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Product data and related information appropriate for City's maintenance and 6 operation of products furnished under Contract 7 2. Such products may include, but are not limited to: 8 a. Traffic Controllers 9 b. Irrigation Controllers (to be operated by the City) 10 c. Butterfly Valves 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 – General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS 22 A. Schedule 23 1. Submit manuals in final form to the City within 30 calendar days of product 24 shipment to the project site. 25 1.5 SUBMITTALS 26 A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be 27 approved by the City prior to delivery. 28 1.6 INFORMATIONAL SUBMITTALS 29 A. Submittal Form 30 1. Prepare data in form of an instructional manual for use by City personnel. 31 2. Format 32 a. Size: 8 ½ inches x 11 inches 33 b. Paper 34 1) 40 pound minimum, white, for typed pages 35 2) Holes reinforced with plastic, cloth or metal 36 c. Text: Manufacturer’s printed data, or neatly typewritten 37 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 d. Drawings 1 1) Provide reinforced punched binder tab, bind in with text 2 2) Reduce larger drawings and fold to size of text pages. 3 e. Provide fly-leaf for each separate product, or each piece of operating 4 equipment. 5 1) Provide typed description of product, and major component parts of 6 equipment. 7 2) Provide indexed tabs. 8 f. Cover 9 1) Identify each volume with typed or printed title "OPERATING AND 10 MAINTENANCE INSTRUCTIONS". 11 2) List: 12 a) Title of Project 13 b) Identity of separate structure as applicable 14 c) Identity of general subject matter covered in the manual 15 3. Binders 16 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 17 b. When multiple binders are used, correlate the data into related consistent 18 groupings. 19 4. If available, provide an electronic form of the O&M Manual. 20 B. Manual Content 21 1. Neatly typewritten table of contents for each volume, arranged in systematic order 22 a. Contractor, name of responsible principal, address and telephone number 23 b. A list of each product required to be included, indexed to content of the volume 24 c. List, with each product: 25 1) The name, address and telephone number of the subcontractor or installer 26 2) A list of each product required to be included, indexed to content of the 27 volume 28 3) Identify area of responsibility of each 29 4) Local source of supply for parts and replacement 30 d. Identify each product by product name and other identifying symbols as set 31 forth in Contract Documents. 32 2. Product Data 33 a. Include only those sheets which are pertinent to the specific product. 34 b. Annotate each sheet to: 35 1) Clearly identify specific product or part installed 36 2) Clearly identify data applicable to installation 37 3) Delete references to inapplicable information 38 3. Drawings 39 a. Supplement product data with drawings as necessary to clearly illustrate: 40 1) Relations of component parts of equipment and systems 41 2) Control and flow diagrams 42 b. Coordinate drawings with information in Project Record Documents to assure 43 correct illustration of completed installation. 44 c. Do not use Project Record Drawings as maintenance drawings. 45 4. Written text, as required to supplement product data for the particular installation: 46 a. Organize in consistent format under separate headings for different procedures. 47 b. Provide logical sequence of instructions of each procedure. 48 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 5. Copy of each warranty, bond and service contract issued 1 a. Provide information sheet for City personnel giving: 2 1) Proper procedures in event of failure 3 2) Instances which might affect validity of warranties or bonds 4 C. Manual for Materials and Finishes 5 1. Submit 5 copies of complete manual in final form. 6 2. Content, for architectural products, applied materials and finishes: 7 a. Manufacturer's data, giving full information on products 8 1) Catalog number, size, composition 9 2) Color and texture designations 10 3) Information required for reordering special manufactured products 11 b. Instructions for care and maintenance 12 1) Manufacturer's recommendation for types of cleaning agents and methods 13 2) Cautions against cleaning agents and methods which are detrimental to 14 product 15 3) Recommended schedule for cleaning and maintenance 16 3. Content, for moisture protection and weather exposure products: 17 a. Manufacturer's data, giving full information on products 18 1) Applicable standards 19 2) Chemical composition 20 3) Details of installation 21 b. Instructions for inspection, maintenance and repair 22 D. Manual for Equipment and Systems 23 1. Submit 5 copies of complete manual in final form. 24 2. Content, for each unit of equipment and system, as appropriate: 25 a. Description of unit and component parts 26 1) Function, normal operating characteristics and limiting conditions 27 2) Performance curves, engineering data and tests 28 3) Complete nomenclature and commercial number of replaceable parts 29 b. Operating procedures 30 1) Start-up, break-in, routine and normal operating instructions 31 2) Regulation, control, stopping, shut-down and emergency instructions 32 3) Summer and winter operating instructions 33 4) Special operating instructions 34 c. Maintenance procedures 35 1) Routine operations 36 2) Guide to "trouble shooting" 37 3) Disassembly, repair and reassembly 38 4) Alignment, adjusting and checking 39 d. Servicing and lubrication schedule 40 1) List of lubricants required 41 e. Manufacturer's printed operating and maintenance instructions 42 f. Description of sequence of operation by control manufacturer 43 1) Predicted life of parts subject to wear 44 2) Items recommended to be stocked as spare parts 45 g. As installed control diagrams by controls manufacturer 46 h. Each contractor's coordination drawings 47 1) As installed color coded piping diagrams 48 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 i. Charts of valve tag numbers, with location and function of each valve 1 j. List of original manufacturer's spare parts, manufacturer's current prices, and 2 recommended quantities to be maintained in storage 3 k. Other data as required under pertinent Sections of Specifications 4 3. Content, for each electric and electronic system, as appropriate: 5 a. Description of system and component parts 6 1) Function, normal operating characteristics, and limiting conditions 7 2) Performance curves, engineering data and tests 8 3) Complete nomenclature and commercial number of replaceable parts 9 b. Circuit directories of panelboards 10 1) Electrical service 11 2) Controls 12 3) Communications 13 c. As installed color coded wiring diagrams 14 d. Operating procedures 15 1) Routine and normal operating instructions 16 2) Sequences required 17 3) Special operating instructions 18 e. Maintenance procedures 19 1) Routine operations 20 2) Guide to "trouble shooting" 21 3) Disassembly, repair and reassembly 22 4) Adjustment and checking 23 f. Manufacturer's printed operating and maintenance instructions 24 g. List of original manufacturer's spare parts, manufacturer's current prices, and 25 recommended quantities to be maintained in storage 26 h. Other data as required under pertinent Sections of Specifications 27 4. Prepare and include additional data when the need for such data becomes apparent 28 during instruction of City's personnel. 29 1.7 CLOSEOUT SUBMITTALS [NOT USED] 30 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 31 1.9 QUALITY ASSURANCE 32 A. Provide operation and maintenance data by personnel with the following criteria: 33 1. Trained and experienced in maintenance and operation of described products 34 2. Skilled as technical writer to the extent required to communicate essential data 35 3. Skilled as draftsman competent to prepare required drawings 36 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION [NOT USED] 5 END OF SECTION 6 7 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 4/7/2014 M.Domenech Revised for DAP Application 8 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 SECTION 01 78 39 1 PROJECT RECORD DOCUMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Work associated with the documenting the project and recording changes to project 6 documents, including: 7 a. Record Drawings 8 b. Water Meter Service Reports 9 c. Sanitary Sewer Service Reports 10 d. Large Water Meter Reports 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 – General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS 23 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 24 City’s Project Representative. 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26 1.7 CLOSEOUT SUBMITTALS [NOT USED] 27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.9 QUALITY ASSURANCE 29 A. Accuracy of Records 30 1. Thoroughly coordinate changes within the Record Documents, making adequate 31 and proper entries on each page of Specifications and each sheet of Drawings and 32 other Documents where such entry is required to show the change properly. 33 2. Accuracy of records shall be such that future search for items shown in the Contract 34 Documents may rely reasonably on information obtained from the approved Project 35 Record Documents. 36 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 1 information that the change has occurred. 2 4. Provide factual information regarding all aspects of the Work, both concealed and 3 visible, to enable future modification of the Work to proceed without lengthy and 4 expensive site measurement, investigation and examination. 5 1.10 STORAGE AND HANDLING 6 A. Storage and Handling Requirements 7 1. Maintain the job set of Record Documents completely protected from deterioration 8 and from loss and damage until completion of the Work and transfer of all recorded 9 data to the final Project Record Documents. 10 2. In the event of loss of recorded data, use means necessary to again secure the data 11 to the City's approval. 12 a. In such case, provide replacements to the standards originally required by the 13 Contract Documents. 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS 17 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 18 2.2 RECORD DOCUMENTS 19 A. Job set 20 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 21 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 22 B. Final Record Documents 23 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 24 the City 1 complete set of all Final Record Drawings in the Contract. 25 2.3 ACCESSORIES [NOT USED] 26 2.4 SOURCE QUALITY CONTROL [NOT USED] 27 PART 3 - EXECUTION 28 3.1 INSTALLERS [NOT USED] 29 3.2 EXAMINATION [NOT USED] 30 3.3 PREPARATION [NOT USED] 31 3.4 MAINTENANCE DOCUMENTS 32 A. Maintenance of Job Set 33 1. Immediately upon receipt of the job set, identify each of the Documents with the 34 title, "RECORD DOCUMENTS - JOB SET". 35 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 2. Preservation 1 a. Considering the Contract completion time, the probable number of occasions 2 upon which the job set must be taken out for new entries and for examination, 3 and the conditions under which these activities will be performed, devise a 4 suitable method for protecting the job set. 5 b. Do not use the job set for any purpose except entry of new data and for review 6 by the City, until start of transfer of data to final Project Record Documents. 7 c. Maintain the job set at the site of work. 8 3. Coordination with Construction Survey 9 a. At a minimum clearly mark any deviations from Contract Documents 10 associated with installation of the infrastructure. 11 4. Making entries on Drawings 12 a. Record any deviations from Contract Documents. 13 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 14 change by graphic line and note as required. 15 c. Date all entries. 16 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 17 e. In the event of overlapping changes, use different colors for the overlapping 18 changes. 19 5. Conversion of schematic layouts 20 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 21 ducts, and similar items, are shown schematically and are not intended to 22 portray precise physical layout. 23 1) Final physical arrangement is determined by the Contractor, subject to the 24 City's approval. 25 2) However, design of future modifications of the facility may require 26 accurate information as to the final physical layout of items which are 27 shown only schematically on the Drawings. 28 b. Show on the job set of Record Drawings, by dimension accurate to within 1 29 inch, the centerline of each run of items. 30 1) Final physical arrangement is determined by the Contractor, subject to the 31 City's approval. 32 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 33 ceiling plenum", "exposed", and the like). 34 3) Make all identification sufficiently descriptive that it may be related 35 reliably to the Specifications. 36 c. The City may waive the requirements for conversion of schematic layouts 37 where, in the City's judgment, conversion serves no useful purpose. However, 38 do not rely upon waivers being issued except as specifically issued in writing 39 by the City. 40 B. Final Project Record Documents 41 1. Transfer of data to Drawings 42 a. Carefully transfer change data shown on the job set of Record Drawings to the 43 corresponding final documents, coordinating the changes as required. 44 b. Clearly indicate at each affected detail and other Drawing a full description of 45 changes made during construction, and the actual location of items. 46 c. Call attention to each entry by drawing a "cloud" around the area or areas 47 affected. 48 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH Oak Ridge, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102078 Revised April 7, 2014 d. Make changes neatly, consistently and with the proper media to assure 1 longevity and clear reproduction. 2 2. Transfer of data to other Documents 3 a. If the Documents, other than Drawings, have been kept clean during progress of 4 the Work, and if entries thereon have been orderly to the approval of the City, 5 the job set of those Documents, other than Drawings, will be accepted as final 6 Record Documents. 7 b. If any such Document is not so approved by the City, secure a new copy of that 8 Document from the City at the City's usual charge for reproduction and 9 handling, and carefully transfer the change data to the new copy to the approval 10 of the City. 11 3.5 REPAIR / RESTORATION [NOT USED] 12 3.6 RE-INSTALLATION [NOT USED] 13 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 14 3.8 SYSTEM STARTUP [NOT USED] 15 3.9 ADJUSTING [NOT USED] 16 3.10 CLEANING [NOT USED] 17 3.11 CLOSEOUT ACTIVITIES [NOT USED] 18 3.12 PROTECTION [NOT USED] 19 3.13 MAINTENANCE [NOT USED] 20 3.14 ATTACHMENTS [NOT USED] 21 END OF SECTION 22 23 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application 24 April 20, 2021 LGI Homes-Texas, LLC Attention: Ms. Elaine Torres 1450 Lake Robbins Drive, Suite 430 The Woodlands, Texas 77380 Email. elaine.torres@lgihomes.com Re: Supplementary Pavement Recommendations Proposed Development Oak Ridge Fort Worth, Texas Terradyne Project No.: D171157-S1 Dear Ms. Torres: As requested, Terradyne Engineering, Inc. has reviewed our geotechnical report dated June 27, 2017 for the above referenced project. The purpose of our review was to reevaluate the subsurface conditions and recommend pavement design in compliance with the City of Fort Worth Pavement Design Manual. All other recommendations in the original report (Terradyne Project No.: D171157, dated June 27, 2017) will remain in effect. 1.0 PAVEMENT GUIDELINES 1.1 General It is our understanding that the proposed construction will include road construction. The following recommendations are presented as a guideline for pavement design and construction. These recommendations are based on a) our previous experience with subgrade soils like those encountered at this site, b) a subgrade CBR value of 3.0 and c) an assumption that final pavement grades will provide adequate drainage for the pavement areas and that water will not be allowed to enter the pavement system by either edge penetration adjacent to landscape areas or penetration from the surface due to surface ponding, inadequate maintenance of pavement joints, or surface cracks that may develop. The recommendations for the pavement design and construction presented in this report should be compared with City of Fort Worth Pavement Design Manual; the more stringent standards shall be used for the construction. 1.2 Periodic Maintenance The pavements constructed on subgrade soils at this site may be subjected to swell related movements. Hence, periodic maintenance such as crack sealing and surface finishing are anticipated. 1.3 Pavement Section The streets and driveways shall be designed as a rigid pavement, per the City of Fort Worth Pavement Design Manual. Pavement Design summary and input data in the following Table No. 1: Environmental Engineering Geotechnical Engineering Construction Materials Testing Civil Site Design Terradyne Engineers, Geologists & Environmental Scientists TErraDynE ENGINEERING, InC. 350 East Glade Road Euless, Texas 76039 Phone: 817.858.0870 Fax: 817.858.0036 www.terradyne.com 1 Table No. 1 Pavement Design Summary and Input Data Oak Ridge Subdivision Fort Worth, Texas April 16, 2021 Item Description / Design Input Value Recommended Pavement Thickness 6.0 inches Street Classification Residential Pavement Type Reinforced Concrete Subgrade Soil Type Clayey Sand Unified Soil Classification (USC) SC Subgrade Stabilization Cement Stabilized Subgrade Thickness 8” Annual Growth Rate 0.5% Design Life 25 Annual ESALS 35,000 Design ESALS 797,000 Reliability 85 Initial Serviceability 4.50 Terminial Serviceability 2.25 Overall Deviation 0.39 Load Transfer 3.0 Drainage Coefficient, Cd 1.00 Design CBR (raw subgrade) 3 Resilient Modulus (raw subgrade) 4,118 psi Design CBR (cement stabilized subgrade) 15 Resilient Modulus (cement stabilized subgrade) 12,392 psi Effective Modulus of Subgrade Reaction, k 221 Loss of Support 0 Depth to Rigid Foundation >10 feet Concrete Modulus of Elasticity 4,000,000 psi Concrete Modulus of Rupture 621 psi Design Software WinPAS 12 1.5 Rigid Pavement: Concrete Reinforced Concrete: Concrete shall have a 28-day compressive strength requirement of 3,600 psi, with air entrainment between 4 and 6 percent. Concrete pavement slabs shall be provided with, for both of collector roads and local residential roads, #3 steel bars at 18-inches on center, each direction. Proper finishing of concrete pavements requires the use of sawed and sealed joints which shall be designed in accordance with current Portland Cement Association guidelines. Dowel bars shall be used to transfer loads at transverse joints. Related civil design factors such as drainage, cross-sectional configurations, surface elevations and environmental factors must be included in the preparation of the construction drawings and specifications. Normal periodic maintenance will be required, especially for open jointed areas which may allow surface water infiltration into the subgrade. 1.6 Subgrade Preparation 2 Our laboratory test results indicate the subgrade consists of low plasticity soils. Soils with Plasticity Index values of less than 20 need to cement stabilized. Subgrade soils should be tested in accordance with ASTM D- 4318 to determine plasticity index. Subgrade soils with a PI of less than 20 must be cement stabilized at 7% by weight. Exact percentage to be calculated by running a cement series, TEX-120-E. The cement stabilization of the subgrade shall meet the performance standard found in TxDOT Item 275. The subgrade shall be proof rolled using a rubber-tired equipment with a gross vehicle weight not less than 50,000 pounds, such as a fully loaded water truck. A minimum of three passes shall be made. Areas with excessive deformation or pumping shall be removed and replaced to achieve a stable subgrade. When using flexible pavement, proof rolling shall be conducted prior to the placement of aggregate base. It is important that any existing organic and compressible soils (the upper soils which contain organic materials such as leaves, roots, etc.) be removed and the exposed subgrade be properly prepared prior to pavement installation. The subgrade shall be scarified to a minimum depth of six (6) inches and compacted. Base course material shall be placed immediately upon completion of the subgrade compaction operation to prevent drying of the soils due to exposure. 1.7 Cement Stabilized Subgrade The cement stabilization of the clays subgrade shall meet the performance standards found in TxDOT Item 275. The 8 inches of subgrade material should be scarified or pulverized to smaller shape so that 100% passes 2½ inch Sieve In addition to gradation requirements outlined in Item 275, the cement stabilized clay should also have a minimum of 60 percent, on a weight basis, of the stabilized soil passing the No. 4 sieve at moisture content at or above optimum. The cement stabilized subgrade shall be compacted to at least 95 percent of the standard Proctor maximum dry density ASTM D 698 between optimum and 2 percentage points above of optimum moisture content. Cement content of 7 percent of the dry unit weight of the clays to be stabilized may be used for planning purposes (it shall be verified by performing a cement series test at the time of construction). 1.8 Perimeter Drainage It is important that proper perimeter drainage be provided so that infiltration of surface water from compacted areas surrounding the pavement is minimized, or if this is not possible, curbs should extent through the base and into the subgrade. A crack sealant compatible to both asphalt and concrete should be installed at the concrete-asphalt interfaces. It has been a pleasure to provide this information, and we look forward to serving you further on this project. If you have any questions pertaining to this report, or if we may be of further service please contact our office. Sincerely, Terradyne Engineering, Inc. Clayton M. Torrance, E.I.T. John Gunter, P.E. Staff Engineer Chief Engineer WinPAS Pavement Thickness Design According to 1993 AASHTO Guide for Design of Pavements Structures American Concrete Pavement Association Rigid Design Inputs Rigid Pavement Design/Evaluation Concrete Thickness Total Rigid ESALs Reliability Overall Standard Deviation Flexural Strength Modulus of Elasticity 5.98 797,000 85.00 0.39 621 4,000,000 inches psi psi percent Load Transfer Coefficient Modulus of Subgrade Reaction Drainage Coefficient Initial Serviceability Terminal Serviceability 3.00 221 1.00 4.50 2.25 psi/in. Modulus of Subgrade Reaction (k-value) Determination Resilient Modulus of the Subgrade Unadjusted Modulus of Subgrade Reaction Depth to Rigid Foundation Loss of Support Value (0,1,2,3) 4,118.0 0.00 0.0 psi feet Modulus of Subgrade Reaction Project Name: Route: Location: Owner/Agency: Design Engineer: psi/in221 221 psi/in. Monday, April 19, 2021 9:14:15PM Engineer: Terradyne Project No.: D171157 June 27, 2017 Preliminary Subsurface Exploration and Foundation Analysis Proposed Development at 7500 Randol Mill Road Fort Worth, Tarrant County, Texas Mr. Cameron Milstead LGI Homes-Texas, LLC 1450 Lake Robbins Drive, Suite 430 The Woodlands, Texas 77380 Preliminary Subsurface Exploration and Foundation Analysis Proposed Development at 7500 Randol Mill Road Katy, Fort Bend County, Texas Kerens, Navarro County, Texas Mr. Cameron Milstead LGI Homes-Texas, LLC 1450 Lake Robbins Drive, Suite 430 The Woodlands, Texas 77380 Terradyne Project No.: D171157 Sukanta Chakraborty, M.S. June 27, 2017 Geotechnical Project Engineer Terradyne DFW, Inc. 350 E. Glade Road Euless, Texas 76039 817-858-0870 Fax 817-858-0036 Texas Registration No. F-006799 John A. Gunter, M.S., P.E. Chief Engineer D171157 June 27, 2017 Mr. Cameron Milstead 1450 Lake Robbins Drive, Suite 430 The Woodlands, Texas 77380 Re: Preliminary Subsurface Exploration and Foundation Analysis Proposed Development at 7500 Randol Mill Road (100 Acres) Fort Worth, Tarrant County, Texas Terradyne Project No.: D171157 Dear Mr. Milstead: Terradyne DFW, Inc. (formerly InTEC of DFW Metro, Inc.) has completed a soil and foundation engineering report at the above referenced project site. The results of the exploration and foundation recommendations are presented in this report. We appreciate and wish to thank you for the opportunity to service you on this project. Please do not hesitate to contact us if we can be of additional assistance during the Construction Materials Testing and Quality Control phases of construction. Respectfully Submitted, Very Truly Yours, Terradyne DFW, Inc. 0 Sukanta Chakraborty, P.E TABLE OF CONTENTS Page EXECUTIVE SUMMARY .......................................................................................................................... 2 1.0 INTRODUCTION ................................................................................................................................. 1 2.0 PROPOSED CONSTRUCTION ............................................................................................................ 1 3.0 PURPOSE AND SCOPE OF SERVICES .............................................................................................. 1 4.0 SITE CONDITIONS .............................................................................................................................. 2 5.0 GEOTECHNICAL INVESTIGATION .................................................................................................. 3 5.1 FIELD TESTS AND MEASUREMENTS ............................................................................................. 4 5.2 FIELD LOGS ......................................................................................................................................... 4 5.3 PRESENTATION OF THE DATA........................................................................................................ 5 5.4 LABORATORY TESTING PROGRAM ............................................................................................... 5 5.5 GENERAL SUBSURFACE CONDITIONS .......................................................................................... 6 6.0 FOUNDATIONS ON EXPANSIVE SOIL ............................................................................................ 7 7.0 DESIGN ENGINEERING ANALYSIS ............................................................................................... 12 8.0 FOUNDATION RECOMMENDATIONS........................................................................................... 13 9.0 PAVEMENT GUIDELINES ............................................................................................................... 18 10.0 CONSTRUCTION GUIDELINES ..................................................................................................... 21 12.0 DRAINAGE AND MAINTENANCE ............................................................................................... 25 13.0 LIMITATIONS .................................................................................................................................. 29 APPENDIX ................................................................................................................................................ EE ILLUSTRATION SECTION Site Latitude and Longitude Figure 1-A Boring Location Plan Figure 1-B Boring Logs Figures 2 through 17 Key to Classifications and Symbols Figure 18 A D171157 EXECUTIVE SUMMARY The soil conditions at the site of the proposed Development at 7500 Randol Mill Road in Fort Worth, Tarrant County, Texas were explored by drilling sixteen soil borings B-1 through B-16 to a depth of 15 feet. Laboratory tests were performed on selected specimens to evaluate the engineering characteristics of various soil strata encountered in our borings. Recommendations provided in this report are preliminary and these recommendations should not be used for actual construction of building foundations. The results of our exploration, laboratory testing and engineering evaluation indicate the soils underlying this site have moderate expansive characteristics. Following is a summary of our results: 1) The boring locations were selected by the geotechnical project manager and are shown on Plate 1-B. Potential vertical movements on the order of about 1 to 1½-inches were estimated at the existing grade level. 2) The Design Plasticity Index values are 15 to 28. 3) Our borings generally encountered Silty Sand (SM), Clayey Sand (SC), Silty Clayey Sand (SC-SM), Fat Clay with Sand (CH), Lean Clay (CL), Lean Clay with Sand (CL), Sandy Silty Clay (CL-ML), and Clayey Sand (SC). 4) Groundwater was not encountered in Terradyne’s soil borings during drilling operations. Wood framed, single story or two-story structures, may be supported by stiffened grid type beam and slab foundations or post tensioned grid type beam and slab foundations. Grade beams founded at the recommended depths may be sized for an allowable bearing capacity on the order of 1,200 pounds per square foot within the undisturbed existing soil. A D171157 Detailed descriptions of subsurface conditions, engineering analysis, and design recommendations are included in this report. 1 D171157 1.0 INTRODUCTION This report presents the results of our preliminary subsurface exploration and foundation analysis for the proposed single family development in Fort Worth, Tarrant County, Texas. The object of this investigation was to evaluate the physical properties of the soils underlying the site in order to provide recommendations for foundation, and retaining wall design, slab support, pavements and related earthwork for the proposed residential subdivision development. 2.0 PROPOSED CONSTRUCTION Terradyne understands that the proposed project consists of the construction of a subdivision of single family residential buildings of one or two-story with slab areas ranging from 2,000 to 5,000 square feet. If the final construction plans vary from what has been assumed, please contact Terradyne for further evaluation as the revisions may affect the recommendations provided in this report. 3.0 PURPOSE AND SCOPE OF SERVICES The purpose of our geotechnical investigation was to evaluate the subsurface and groundwater conditions of the site and provide geotechnical engineering recommendations for the design and construction of the structures. Our scope of services includes the following: 1) Drilling and sampling of sixteen borings B-1 through B-16 to a depth of 15 feet below the existing ground surface as follows; 2) Evaluation of the in-place conditions of the subsurface soils through field penetration tests; 2 D171157 3) Observation of the groundwater conditions during drilling operations; 4) Performing laboratory tests such as Atterberg limits and moisture content tests; 5) Review and evaluation of field and laboratory tests; 6) Compilation, generalization and analysis of the field and laboratory data according to the project requirements; 7) Estimation of potential vertical movements; 8) Preparation of recommendations for the design and construction of the pavement and recommendations for building foundations; Consultations and members of the design team on findings and recommendations and the preparation of a written geotechnical engineering report for their use in the preparation of design and construction documents. The Scope of Services does not include an environmental assessment of the presence or absence of wetlands and/or hazardous or toxic materials in the soil, surface water, groundwater, or air, in the proximity of this site. Any statements in this report or on the boring logs regarding odors, colors or unusual or suspicious items or conditions are strictly for the information of the client. 4.0 SITE CONDITIONS The site is located in Fort Worth, Tarrant County, Texas within an undeveloped area. The site is generally flat and covered with grass. Borings B-1 through B-16 were drilled at approximate locations shown on the attached boring location plan in the general vicinity of GPS location, (Lat. 32°, 46’,39.31”, North: Long. 97°, 11’, 24.43” West). An aerial map of the GPS location is shown on Figure 1-A in the Appendix. 3 D171157 5.0 GEOTECHNICAL INVESTIGATION The field exploration to determine the engineering characteristics of the subsurface materials included a reconnaissance of the project site, drilling the borings, performing standard penetration tests and obtaining disturbed auger samples. A total sixteen soil borings were drilled at the site. Borings B-1 through B-16 were drilled to a depth of 15 feet below the existing ground surface. Boring locations at the lots were selected by the client and established in the field by the drilling crew. Approximate locations of the borings are shown on Figure 1-B in the Appendix. The borings were performed with a drilling rig equipped with a rotary head. Conventional solid stem augers were used to advance the holes and samples of the subsurface materials were obtained using a standard 4.0 inch diameter auger. The samples were identified according to boring number and depth, encased in polyethylene plastic wrapping to protect against moisture loss, and transported to our laboratory. The following samples, presented in Table No. 1, were collected as a part of our field exploration procedure: Table No. 1 Type of Sample Number Collected Standard Auger 32 Standard Penetrometer Test (SPT) 48 4 D171157 5.1 Field Tests and Measurements Penetration Tests: During the sampling procedures, standard penetration tests were performed in the borings in conjunction with split-barrel sampling (ASTM 1586). The standard penetration value (N) is defined as the number of blows of a 140-pound hammer, falling thirty inches, required to advance the split-spoon sampler one foot into the soil. The sampler is lowered to the bottom of the drill hole and the number of blows recorded for each of the three successive increments of six inches penetration. The "N" value is obtained by adding the second and third incremental numbers. The results of the standard penetration tests indicate the relative density and comparative consistency of the soils, and thereby provide a basis for estimating the relative strength and compressibility of the soil profile components. Water Level Measurements: Groundwater was not encountered in Terradyne’s soil borings during drilling operations. In relatively pervious soils, such as sandy soils, the indicated elevations are considered reliable groundwater levels. In relatively impervious soils, an accurate determination of the groundwater elevation may not be possible even after several days of observation. Seasonal variations, temperature and recent rainfall conditions may influence the level of the groundwater table and the volume of water encountered will depend on the permeability of the soils. 5.2 Field Logs A field log was prepared for each boring. Each log includes information concerning the boring method, samples attempted and recovered, the presence of various materials (such as sandy clay, clayey sand, sand, clay) and groundwater observations. It also includes an interpretation of the 5 D171157 subsurface conditions between samples. Therefore, these logs include both factual and interpretive information. 5.3 Presentation of the Data The final logs represent our interpretation of the contents of the field logs and laboratory test results for the purpose delineated by our client. The final logs are included on Figures 2 through 17 in the Appendix. A key to classification terms and symbols used on the log is presented on Figure 18. 5.4 Laboratory Testing Program In addition to field exploration, a supplemental laboratory testing program was conducted to determine additional pertinent engineering characteristics of the subsurface materials that are necessary to evaluate the soil parameters. All phases of the laboratory testing program were performed in general accordance with the indicated applicable ASTM Specifications. In the laboratory, each sample was examined and classified by a geotechnical engineer. As a part of this classification procedure, the natural water content of selected specimens was determined. Liquid and Plastic Limit tests were performed on representative specimens to determine the plasticity characteristics of the different soil strata encountered. The following tests, presented in Table No. 2, were conducted in the laboratory to evaluate the engineering characteristics of the subsurface materials. The results of these tests are presented on the appropriate boring log. 6 D171157 Table No. 2 Type of Test Number Conducted Natural Moisture Content 80 Atterberg Limits 16 % Passing No. 200 Sieve 16 5.5 General Subsurface Conditions The site is located within the Woodbine Formation (Kwb) and consists of mostly shale, sand, clay or mud. At this particular site, the soil consists of Silty Sand (SM), Clayey Sand (SC), Silty Clayey Sand (SC-SM), Fat Clay with Sand (CH), Lean Clay (CL), Lean Clay with Sand (CL), Sandy Silty Clay (CL-ML), and Clayey Sand (SC) down to maximum boring depths of about 15 feet.1 The soils underlying the site may be grouped into one generalized strata with similar physical and engineering properties. The logs describe any noticeable changes that occur as depth increases related to soil type, moisture, color and hardness; interface between soil strata represent approximate boundaries. The transition between materials may be gradual. The soil stratigraphy at the boring location is presented on the Boring Logs. The engineering characteristics of the underlying soils, based on our field and laboratory test results, are summarized and presented in Table No. 3. 1 Source: Geologic Units of Texas; USGS https://pubs.er.usgs.gov/publication/i1420(NH14) 7 D171157 Table No. 3 Stratum Depth Range Feet Liquid Limit Range Plasticity Index Blows Per Foot 1. Silty Sand (SM), Clayey Sand (SC), Silty Clayey Sand (SC- SM), Fat Clay with Sand (CH), Lean Clay (CL), Lean Clay with Sand (CL), Sandy Silty Clay (CL-ML), and Clayey Sand (SC). 0 to 15 feet 21-71 6-53 2-56 The above description generally highlights the major soil stratification features and soil characteristics. The test boring logs should be consulted for specific information at the boring locations. Groundwater was not encountered in Terradyne’s soil borings during drilling operations. However, groundwater levels will fluctuate with seasonal climatic variations and changes in the land use. The low permeability of the soils may require several days for groundwater to enter and stabilize in the boreholes. It is not unusual to encounter shallow groundwater during or after periods of rainfall. Surface water tends to percolate through the surface until it encounters a relatively imperious layer. 6.0 FOUNDATIONS ON EXPANSIVE SOIL There are many plastic clays that swell when water is added to them and shrink when water is removed. Foundations constructed on these clays are subjected to large uplifting forces caused by the swelling. 8 D171157 Two factors contribute to potential shrink-swell problems within a building site. Problems can arise if a) the soil has expansive or shrinkage properties or b) environmental conditions cause the moisture levels in the soil to change. Evaluation of the Shrink-Swell Potential of the Soils: Subsurface sampling, laboratory testing and data analysis is used to evaluate the shrink-swell potential of the soils under the foundations. The Mechanism of Swelling: The mechanism of swelling in expansive clays is influenced by a number of factors. The expansion in clays is a result of changes in the soil-water system that disturbs the internal stress equilibrium. Clay particles have negative electrical charges on th eir surfaces and positively charged ends. The negative charges are balanced by actions in the soil - water and give rise to an electrical interparticle force field. In addition, adsorptive forces exist between the clay crystals and water molecules, and Van Der Waals surface forces exist between particles. Thus, there exists an internal electro-chemical force system that must be in equilibrium with the externally applied stresses and capillary tension in the soil water. If the soil -water chemistry is altered, either by changing the amount of water or chemical composition in the soil, the inter-particle force field will change. If the change in internal forces is not balanced by a corresponding change in the state of stress, the particle spacing changes unt il equilibrium is reached. This change in particle spacing manifests itself as a shrinkage or swelling. Antecedent Rainfall Ratio: This is defined as the total monthly rainfall for the current and previous months prior to laying the slab, divided by twice the average monthly rate measured for the period. The intent of this ratio is to give a relative measure of ground moisture conditions at the time the 9 D171157 slab is placed. Thus, if a slab is placed at the end of a wet period, the slab shall be expected to experience some loss of support around the perimeter as the wet soil begins to dry out and shrink. The opposite effect could be anticipated if the slab is placed at the end of an extended dry period; as the wet season occurs, uplift around the perimeter may occur as the soil at the edge of the slab gains in moisture content. Age of Slab: The length of time since the slab was cast provides an indication of the type of swelling the soil profile may have beneath the slab. Initial Moisture Condition and Moisture Variation: A volume change in an expansive soil mass is the result of increases or decreases in water content. The initial moisture content influences the swell and shrink potential of a soil. However, moisture content alone is useless as an indicator or predictor of shrink-swell potential. The relationship between moisture content and other soil characteristics, such as the Plastic Limit and Liquid Limit, must also be known. If the moisture content is below or near the Plastic Limit, the soils may have a high potential to swell. Expansive soils with Liquidity Index2 in the range of 0.20 to 0.40 tend to experience little additional swell. The availability of water in an expansive soil profile is influenced by many environmental and manmade factors. Generally, the upper few feet of the profile are subjected to the widest ranges of moisture variation, and are the least restrained from movement by overburden. This upper stratum 2 LIMIT PLASTICLIMIT LIQUID LIMIT PLASTICCONTENT WATERNATURALINDEX LIQUIDITY 10 D171157 of the profile is referred to as the active zone. Moisture variation in the active zone of a natural soil profile is affected by climatic cycles at the surface and fluctuating groundwater levels at the lower moisture boundary. The superficial boundary moisture conditions are changed by placing a barrier, such as a building floor slab or pavement, between the soil and atmospheric environment. Other causes of moisture variation result from altered drainage conditions or manmade sources of water, such as irrigation or leaky plumbing. The latter factors are difficult to quantify and incorporate into the analysis, but shall be controlled to the extent possible for each situation. For example, proper drainage and attention to landscaping are simple means of minimizing moisture fluctuations near structures, and shall always be taken into consideration. Manmade Conditions That Can Be Altered: There are a number of factors that can influence whether a soil might shrink or swell and the magnitude of this movement. For the most part, the owner and/or designer have some control over whether these factors can be avoided, and if not avoided, the degree to which these factors may influence the shrink-swell process. Lot Drainage: How a lot is graded affects the accumulation of surface water around the slab. Most builders are aware of the importance of grading the soil away from the structure so that rainwater does not collect and pond adjacent to the foundation. If allowed to accumulate next to the foundation, water may infiltrate the expansive soils underlying the foundation, which could cause the foundation to settle. Similarly, runoff from surface water drainage patterns and swales must not collect adjacent to the foundation. 11 D171157 Topography: As it swells, soil heaves perpendicularly to the ground surface or slope, but as it shrinks, it recedes in the direction of gravity and gradually moves downslope in a sawtooth fashion over a number of shrink-swell cycles. In addition to this shrink-swell influence, soil will exhibit viscoelastic properties and creep downhill under the steady influence of the weight of the soil. Therefore, to avoid a structure constructed on this slope from moving downhill with the soil, it must be designed to compensate for this lateral soil influence. Pre-Construction Vegetation: A large amount of vegetation, especially large trees, on a site prior to construction may have desiccation at the site. Constructing over a desiccated soil can produce some dramatic instances of heave and associated structural distress and damage as it becomes wet. Post-Construction Vegetation: The type, amount, and location of vegetation that has grown since construction can cause localized desiccation. Planting trees or large shrubs near a building can result in the loss of foundation support as the vegetation robs moisture from the foundation soil. Conversely, the opposite effect can occur if flowerbeds or shrubs are planted next to the foundation and these beds are kept well-watered or flooded. This practice can result in swelling of the soil around the perimeter where the soil remains wet. Summation: It is beyond the scope of this investigation to do more than point out the factors that may influence the amount and type of swell a slab-on-grade foundation may be subjected to during its lifetime. The design engineer must be aware of these factors in developing his design, using his engineering experience and judgment as a guide. 12 D171157 7.0 DESIGN ENGINEERING ANALYSIS Foundation Design Considerations: Review of the borings and test data indicates that the factors presented on the following page will affect the foundation design and construction at this site: 1) The site is underlain by subsoils of low to high plasticity at shallow depths. Structures supported at shallow depths will be subjected to potential vertical movements on the order of about 1 to 1½-inches. 2) The strengths of the underlying soils are adequate to support shallow or deep foundations. 3) Groundwater was not encountered in our borings at the time of the preliminary subsurface exploration phase. Structural Information: Based on the information provided, it is understood that the proposed structures will be one or two story structure. These structures are expected to create light to moderate loads to be carried by the foundation systems. These structures will utilize wood frame construction and brick or stucco exterior walls. It is assumed that the maximum column loads will not exceed 5 kips, while maximum exterior wall loading will be in the range of one kip per foot. Vertical Movements: The potential vertical rise (PVR) for slab-on grade construction at the location has been estimated using the general guidelines presented in the Texas Department of Transportation Test Method TXDOT-124-E. This method utilizes the liquid limits, plasticity indices, and in-situ moisture contents for soils in the seasonally active zone, estimated to be about eight to ten feet in the project area. 13 D171157 The estimated PVR value provided is based on the proposed floor system applying a sustained surcharge load of approximately one pound per square inch on the subgrade materials. Potential vertical movements on the order of about 1 to 1½-inches may be anticipated for average soil moisture conditions. The finish grade elevation was assumed to be ½ to one foot above the existing grade level. If the existing grade has to be raised to attain the finish grade elevation, select fill shall be placed, compacted and tested for compaction compliance by Terradyne. 8.0 FOUNDATION RECOMMENDATIONS The type and depth of foundation suitable for a given structure primarily depends on several factors: the subsurface conditions, the function of the structure, the loads it may carry and the cost of the foundation. Additional considerations may include acceptable performance criteria set by the owner, architect, or structural designer with respect to vertical and differential movements that the structure can withstand without damage. Based on these conditions and our engineering design analysis, a post tensioned beam and slab foundation, or a stiffened grid type beam and slab foundation. 8.1 Stiffened Grid Type Beam and Slab Foundation A stiffened grid type beam and slab foundation may be considered to support the proposed residences provided the potential vertical movements presented will not impair the performance of the structures. 14 D171157 It is desirable to design the foundation system using an assumption that the beams carry the loads. A maximum allowable bearing capacity of 1,200 or 2,000 pounds per square foot may be used for the beams founded at the depths shown in Table No. 5 within the undisturbed existing soils or compacted select fill, respectively. A minimum beam width of at least 10 inches is recommended. The beams should intersect at heavy load areas, such as columns. The beam intersection may be widened to act as spread footings and sized for an allowable bearing capacity of 1,200 pounds per square foot. Design plasticity index values recommended for slabs bearing on compacted natural subgrade soils are presented below in Table No. 4. Table No. 4 Area/Borings Design Plasticity Index B-1 through B-12 15 B-13 28 B-14 and B-15 15 B-16 28 8.2 Post-Tensioned Beam and Slab Foundation A post-tensioned slab-on-grade foundation may be considered to support the proposed residences provided the potential vertical movements will not impair the performance of the structures. Pertinent design parameters were evaluated and are presented in the following paragraphs. Differential vertical movements should be expected for shallow type foundations at this site due to expansive soil conditions that were encountered. Differential vertical movements have been estimated for both the center lift and edge lift conditions for post-tensioned slab-on grade 15 D171157 construction at this site. These movements were estimated using the procedures and criteria discussed in the Post-Tensioning Institute Manual entitled “Design and Construction of Post- Tensioned Slabs-on-Ground,” 3rd Edition. This procedure uses the soil data obtained from the field and laboratory tests performed on the soil samples. Differential vertical movements have been estimated for the center lift and edge lift conditions. These values are presented for various Design Plasticity Indices in Tables 5a and 5b for 3rd Edition. Table 5a Design Plasticity Index 15 Borings B-1 through B-12, B-14 and B-15 Design Plasticity Index/PVR (inches) Differential Vertical Movement, ym Inches Edge Moisture Variation Distance, em Feet Center Lift Edge Lift Center Lift Edge Lift 15/1 0 0.67 0.96 9.0 5.9 0 These Potential Vertical Rise values only apply to existing ground conditions. Table 5b Design Plasticity Index 28 Borings B-13 and B-16 Design Plasticity Index/PVR (inches) Differential Vertical Movement, ym Inches Edge Moisture Variation Distance, em Feet Center Lift Edge Lift Center Lift Edge Lift 28/1½ 0 0.84 1.21 9.0 5.4 0 These Potential Vertical Rise values only apply to existing ground conditions Grade beams, founded at the depths shown in Table No. 4 below finish grade elevation within the undisturbed existing soil or compacted select fill, may be sized for an allowable bearing capacity value of 1,200 or 2,000 pounds per square foot, respectively. 16 D171157 8.5 Utilities Utilities that project through slab-on-grade floors shall be designed with either some degree of flexibility or with sleeves in order to prevent damage to these lines should vertical movements occur. 8.6 Contraction, Control and/or Expansion Joints Contraction, control and/or expansion joints shall be designed and placed in various portions of the structure. Properly planned placement of these joints will assist in controlling the degree and location of material cracking that occurs due to soil movements, material shrinkage, thermal affects and other related structural conditions. 8.7 Lateral Earth Pressure Some retaining walls may be needed at this site. The equivalent fluid density values were evaluated for various backfill materials. These values are presented in Table No. 6. Table No. 6 Backfill Material Equivalent Fluid Density, PCF Active Condition At Rest Condition Passive Condition a. Crushed Limestone 40 60 530 b. Clean Sand 40 60 360 c. Select Fill (PI ≤ 15) 65 85 265 These equivalent fluid densities do not include the effect of seepage pressures, surcharge loads such as construction equipment, vehicular loads or future storage near the walls. 17 D171157 If the basement wall or cantilever retaining wall can tilt forward to generate “active earth pressure” condition, the values under active condition shall be used. For rigid non -yielding walls which are part of the building, the values” at rest condition” shall be used. The compactive effort shall be controlled during backfill operations. Over compaction can produce lateral earth pressures in excess of at rest magnitudes. Compaction levels adjacent to below-grade walls shall be maintained between 95 and 98 percent of standard Proctor (ASTM D698) maximum dry density. The backfill behind the wall shall be drained properly. The simplest drainage system consists of a drain located near the bottom of the wall. The drain collects the water that enters the backfill and this may be disposed of through outlets along the base of the wall. To insure that the drains are not clogged by fine particles, they shall be surrounded by a granular filter. In spite of a well - constructed toe drain, substantial water pressure may develop behind the wall if the backfill consists of clays or silts. A more satisfactory drainage system, consisting of a back drain of 12 inches to 24 inches width gravel may be provided behind the wall to facilitate to drainage. The maximum toe pressure for wall footings founded a minimum depth of 12 inches into the clay soils shall not exceed 1,200 pounds per square foot. An adhesion value of 290 pounds per square foot shall be used to check against sliding for wall footings bearing on clay. For lateral loads, the coefficient of friction between the base of the footing and the subgrade soils is 0.35. 18 D171157 9.0 PAVEMENT GUIDELINES It is our understanding that the proposed construction will include road construction. The following recommendations are presented as a guideline for pavement design and construction. These recommendations are based on a) our previous experience with subgrade soils like those encountered at this site, b) a subgrade CBR value of 3.0 and c) an assumption that final pavement grades will provide adequate drainage for the pavement areas and that water will not be allowed to enter the pavement system by either edge penetration adjacent to landscape areas or penetration from the surface due to surface ponding, inadequate maintenance of pavement joints, or surface cracks that may develop. The recommendations for the pavement design and construction presented in this report should be compared with Pavement Design Standards for the local jurisdiction; the more stringent standards shall be used for the construction. 9.1 Periodic Maintenance The pavements constructed on subgrade soils at this site may be subjected t o swell related movements. Hence, periodic maintenance such as crack sealing and surface finishing are anticipated. 9.2 Pavement Section The streets and driveways may be designed with either a flexible or rigid pavement. For flexible pavement design, a Terminal Serviceability Index of 2.00 and an Initial Serviceability of 4.2 were used. An Inherent Reliability of 80% and 20-year Design Life were assumed. Each 19 D171157 alternative should be investigated with respect to current material availability and economic conditions. Pavement sections for both rigid and flexible types are recommended in the following Table No. 7: Table No. 7 Traffic Type Compacted Subgrade (inches) Pavement Section (inches) Flexible Pavement: Rigid Pavement: Concrete Hot Mix Asphaltic Concrete Aggregate Base Minor Collectors 8 3 12 7 Residential 8 2 10 6 9.3 Flexible Pavement: Asphalt Base Course: Based on the surveys of available materials in the area, a base course of crushed limestone aggregate or gravel appears to be the most practical material for asphalt pavement. The base course shall conform to Texas State Department of Highways and Public Transportation Standard Specifications, Item 247, Type A, Grade 1. The grain size requirements of the base materials are presented in the following Table No. 8. Table No. 8 Sieve Size Percent Retained 1 ¾” 0 7/8” 10-35 3/8” 30-50 No. 4 45-65 No. 40 70-85 20 D171157 The base course shall have maximum Liquid Limit of 35 and Plasticity Index of 10. The base course shall be moisture conditioned within ±2 percentage points of optimum moisture content, placed in lifts not exceeding 8-inches loose measure and compacted to at least 95 percent of maximum dry density as determined by test method TXDOT-113-E. Asphaltic Concrete: The asphaltic concrete surface course shall should conform to Texas State Department of Highways and Public Transportation Standard Specifications, Item 340, Type D. The asphaltic concrete shall be designed for a stability of at least 40. The asphaltic concrete shall be compacted to between 93 and 98 percent of the theoretical density as determined by ASTM D2041. 9.4 Rigid Pavement: Concrete Reinforced Concrete: Concrete shall be designed to exhibit a flexural strength (3 point loading) of at least 650 psi at 28 days. As an option, a 28 day compressive strength requirement of 3,500 psi may be used, with air entrainment between 4 and 6 percent. Concrete pavement slabs shall be provided with #4 steel bars at 18-inches on center, each direction. Proper finishing of concrete pavements requires the use of sawed and sealed joints which shall be designed in accordance with current Portland Cement Association guidelines. Dowel bars shall be used to transfer loads at transverse joints. Related civil design factors such as drainage, cross-sectional configurations, surface elevations and environmental factors must be included in the preparation of the construction drawings and specifications. Normal periodic 21 D171157 maintenance will be required, especially for open jointed areas which may allow surface water infiltration into the subgrade. 9.5 Subgrade Preparation Our laboratory test results indicate the subgrade consists of low plasticity Clayey Sand (SC), Silty Clayey Sand (SC-SM) and Silty Sand (SM) soils with Plasticity Index values less than 20 and the subgrade soils do not need to be lime stabilized. In any areas where pavement is to be placed, vegetation and all loose or organic material shall be stripped and removed from the site. Subsequent to stripping operations, the subgrade shall be proofrolled to identify soft zones. Any soft zone detected shall be removed to a firm subgrade soils and replaced with compacted satisfactory soils to reach subgrade level. Upon the acceptance of proofrolling operations the subgrade shall be scarified to a minimum depth of 8 inches, moisture conditioned and compacted to a minimum of 95 percent of maximum dry density as determined by ASTM D 698, the Standard Proctor, between optimum and +/- 2 percentage points of optimum moisture content. The exposed subgrade shall not be allowed to dry out prior to placing structural fill. 10.0 CONSTRUCTION GUIDELINES 10.1 Construction Monitoring As Geotechnical Engineer of Record for this project, Terradyne, shall be involved in monitoring the foundation installation and earthwork activities. The performance of any foundation system is not only dependent on the foundation design, but is strongly 22 D171157 influenced by the quality of construction. Prior to construction, please contact our office so that a Foundation and Earthwork Monitoring Plan can be incorporated into the Project Quality Control Program. 10.2 Site Preparation In any areas where soil-supported floor slabs or pavement are to be constructed, vegetation and all loose or organic material shall be stripped and removed from the site. Subsequent to stripping operations, the subgrade shall be proofrolled to identify soft zones. Any soft zone detected shall be removed to a firm subgrade soils and replaced with compacted suitable soils to reach subgrade level. Upon the acceptance of proofrolling operations the subgrade shall be scarified to a minimum depth of 8 inches, moisture conditioned and compacted to a minimum 95 percent of maximum dry density as determined by ASTM D 698, between optimum and 4 percentage points above of optimum moisture content. The exposed subgrade shall not be allowed to dry out prior to placing structural fill. 10.3 Drainage Groundwater was not encountered in Terradyne’s soil borings during drilling operations. However, minor groundwater seepage may be encountered within the proposed building foundation and grading excavations at the time of construction, especially after periods of heavy precipitation. Small quantities of seepage may be removed by conventional sump and pump methods of dewatering. 23 D171157 10.4 Temporary Drainage Measures Temporary drainage provisions shall be established to minimize water runoff into construction areas. If standing water does accumulate, it shall be removed by pumping as soon as possible. Adequate protection against sloughing of soils shall be provided for workers and inspectors entering the excavations. This protection shall meet OSHA and other applicable building codes. 10.5 Temporary Construction Slopes Temporary slopes on the order of 1H to 1V may be provided for excavations through clays. Fill slopes on the order of 1H to 1V may be used provided a) the fill materials are compacted, as recommended, and b) the slopes are temporary. Fill slopes shall be compacted. Compacting operations shall be continued until the slopes are stable but not too dense for planting on the slopes. Compaction of the slopes may be done in increments of 4 to 6-feet in fill height or for shallow fills, until fill reaches its’ total height. 10.6 Select Structural Fill Select fill material used at this site shall be clayey sand (SC), lean clay with gravel (CL) or clayey gravel (GC) with maximum liquid limit of 35 percent and plasticity index (PI) between 5 and 20. The fill shall be compacted to at least 95 percent of the maximum dry density as determined by ASTM D 698, within ± 2 percentage points of optimum moisture content. 10.7 Groundwater In areas where significant cuts (2-feet or more) are made to establish final grades for building pads, attention shall be given to possible seasonal water seepage that could occur through natural cracks 24 D171157 and fissures in the newly exposed stratigraphy. Subsurface drains may be required to intercept seasonal groundwater seepage. The need for these, or other dewatering devices, on building pads shall be carefully addressed during construction. Our office could be contacted to visually inspect final pads to evaluate the need for such drains. Groundwater seepage may occur several years after construction if the rainfall rate or drainage changes in the vicinity of the project site. If seepage runoff occurs towards the building, an engineer shall be contacted to evaluate its’ effect and determine whether French drains are required at the location. 10.8 Control Testing and Field Observation Subgrade preparation and select structural fill placement shall be monitored by the project geotechnical engineer or his representative. As a guideline, at least one in-place density test shall be performed for each 2,500 square feet of compacted surface lift. A minimum of three density tests shall be performed on the subgrade or per lift of compaction. Any areas not meeting the required compaction shall be re-compacted and retested until compliance is met. 10.9 Earthwork and Foundation Acceptance Exposure to the environment may weaken the soils at the foundation bearing level if the excavation remains open for long periods of time. Therefore, it is recommended that all foundation excavations be extended to final grade and the footings constructed as soon as possible to minimize potential damage to bearing soils. The foundation bearing level shall be free of loose soil, ponded water or 25 D171157 debris sand, and shall be inspected and approved by the geotechnical engineer or his representative prior to concreting. Foundation concrete shall not be placed on soils that have been disturbed by rainfall or seepage. If the bearing soils are softened by surface water intrusion during exposure or by desiccation, the unsuitable soils must be removed from the foundation excavation and replaced prior to placement of concrete. Subgrade preparation and fill placement operations shall be monitored by the geotechnical engineer or his representative. As a guideline, at least one in-place density test shall be performed for each 2,500 square feet of compacted surface lift. Any areas not meeting the required compaction shall be recompacted and retested until compliance is met. 12.0 DRAINAGE AND MAINTENANCE Final drainage is important for the performance of the proposed structures and pavement. Landscaping, plumbing, and downspout drainage is also important. It is vital that all roof drainage be transported away from the building so that water does not pond around it, which can result in a soil volume change underneath the building. Plumbing leaks shall be repaired as soon as possible in order to minimize the magnitude of a moisture change under the slab. Large trees and shrubs shall not be planted in the immediate vicinity of the structures, since root systems can cause a substantial reduction in soil volume in the vicinity of the trees during dry periods. 26 D171157 Adequate drainage shall be provided to reduce seasonal variations in moisture content of foundation soils. All pavement and sidewalks within 10-feet of the structures shall be sloped away from the structures to prevent ponding of water around the foundations. Final grades within 10-feet of the structure shall be adjusted to slope away from structures preferably at a minimum slope of 3 percent. Maintaining positive surface drainage throughout the life of the structure is essential. In areas with pavement or sidewalks adjacent to the new structure, a positive seal must be provided and maintained between the structures and the pavement or sidewalk to minimize seepage of water into the underlying supporting soils. Post-construction movement of pavement and flat-work is not uncommon. Maximum grades practical shall be used for paving and flatwork to prevent areas where water can pond. In addition, allowances in final grades shall take into consideration post construction movement of flatwork, particularly if such movement would be critical. Normal maintenance shall include inspection of all joints in paving and sidewalks, etc. as well as re-sealing where necessary. There are several factors related to civil and architectural design and/or maintenance that can significantly affect future movements of the foundation and floor slab systems. 1. Where positive surface drainage cannot be achieved by grading the ground surface adjacent to the buildings, a complete system of gutters and downspouts shall carry runoff water a minimum of 10-feet from the completed structures. 2. Planters located adjacent to the structures shall preferably be self-contained. Sprinkler mains shall be located a minimum of five feet from the building line. 3. Planter box structures placed adjacent to the building shall be provided with a means to assure concentrations of water do not infiltrate the subsoils stratigraphy. 4. Large trees and shrubs shall not be planted closer to the foundations than a horizontal distance equal to roughly their mature height due to their significant moisture demand upon maturing. 27 D171157 5. Moisture conditions shall be maintained “constant” around the edge of the slabs. Ponding of water in planters, in unpaved areas, and around joints in paving and sidewalks can cause slab movements beyond those predicted in this report. 6. Roof drains shall discharge on pavement or be extended away from the structures. Ideally, roof drains shall discharge to storm sewers by closed pipe. Trench backfill for utilities shall be properly placed and compacted, as outlined in this report, and in accordance with the requirements of local City, County and/or State Standards. Since granular bedding backfill is used for most utility lines, the backfilled trench shall be prevented from becoming a conduit and allowing an access for surface or subsurface water to travel toward the new structures. Concrete cut-off collars or clay plugs shall be provided where utility lines cross building lines to prevent water from traveling in the trench backfill and entering beneath the structures. The PVR values estimated and stated under “Vertical Movements” are based on the provision that positive drainage shall be maintained to divert water away from the building and adjacent pavement. If the this drainage is not maintained, the wetted front may occur below the assumed ten feet depth, and the resulting PVR may be 2 to 3 times greater than the stated values shown in this report. Utility leaks may also cause similar high movements to occur. 12.1 Detention Pond Recommendations It is important that any existing organic and compressible soils (the upper soils which contain organic materials such as leaves, roots, etc.) be removed and the exposed subgrade be properly prepared prior to placing structural fill for the detention pond areas. 28 D171157 The subgrade shall be scarified to a depth of 8 inches and compacted prior to placement of structural fill. Vegetation and all loose or organic material shall be stripped and removed from the site. Subsequent to stripping operations, the subgrade shall be proofrolled to identify soft zones. Any soft zone detected shall be removed to a firm subgrade soils and replaced with compacted satisfactory soils to reach subgrade level. Upon the acceptance of proofrolling operations the subgrade shall be scarified to a minimum depth of 8 inches, moisture conditioned and compacted to a minimum of 95 percent of maximum dry density as determined by ASTM D 698, the Standard Proctor, between optimum and 4 percentage points above of optimum moisture content. The exposed subgrade shall not be allowed to dry out prior to placing structural fill. Structural fill for the detention pond shall be placed in horizontal lifts a maximum of eight inches in loose thickness, moisture conditioned between optimum and 4 percentage points above optimum moisture content, and mechanically compacted to a minimum of 95 percent of maximum dry density as determined by ASTM D 698, the Standard Proctor. The soil used as structural fill for the detention pond shall have a plasticity index ranging between 20 to 40, with a minimum of 60 percent passing the No. 200 Sieve, and classified either a Lean Clay, or Fat Clay (CH). Suitability of Structural fill: Based on the soil conditions encountered at the detention pond area of the site, the subsurface soils consists of generally Clayey Sand (SC), Silty Clayey Sand (SC-SM) and 29 D171157 Silty Sand (SM) in the upper strata of at least 8 feet. These soils are generally meet the criteria for structural fill to be used under the structural areas; such as floor slabs, pavements, retaining walls etc. These soils should be tested in a bulk to verify the suitability of structural fill under the structural areas. Slope Protection: In order to protect the slope from erosion and to minimize groundwater influx during flooding, it is recommended that a good grass cover or soding be established and maintained. Detention Pond Slope: Based on the subsurface exposed during drilling soil borings in the proposed detention pond, it is recommended the side slope of the detention pond be maintained no steeper than 1V:3H (1 vertical:3 horizontal). This is based on the understanding that the depth of detention pond is less than 8 feet. The depth of the detention pond deeper than 8 feet will necessitate detailed slope stability analyses upon request. 13.0 LIMITATIONS The analysis and recommendations submitted in this report are based upon the data obtained from the sixteen borings drilled at the site. This report may not reflect the exact variations of the soil conditions across the site. The nature and extent of variations across the site may not become evident until construction commences. If variations appear evident, it will be necessary to re-evaluate our recommendations after performing on-site observations and tests to establish the engineering significance of any variations. The project geotechnical engineer should review the final plan for the proposed building so that he may determine if changes in the foundation 30 D171157 recommendations are required. The project geotechnical engineer declares that the findings, recommendations or professional advice contained herein have been made and this report prepared in accordance with generally accepted professional engineering practice in the fields of geotechnical engineering and engineering geology. No other warranties are implied or expressed. This report is valid until site conditions change due to disturbance (cut and fill grading) or changes to nearby drainage conditions or for 3 years from the date of this report, whichever occurs first. Beyond this expiration date, Terradyne shall not accept any liability associated with the engineering recommendations in the report, particularly if the site conditions have changed. If this report is desired for use for design purposes beyond this expiration date, we highly recommend drilling additional borings so that we can verify the subsurface conditions and validate the recommendations in this report. This report has been prepared for the exclusive use of LGI Homes-Texas, LLC for the specific application to the proposed Development at 7500 Randol Mill Road in Fort Worth, Tarrant County, Texas. D171157 APPENDIX *Terradyne drill rigs are equipped with a GPS tracking system which provides us with latitude and longitudinal co-ordinates of sites. Site Latitude and Longitude Preliminary Proposed Development at 7500 Randol Mill Road (100 Acres) Fort Worth Tarrant County, Texas TERRADYNE EULESS, TEXAS Prepared By: GDR Scale: See Scale Bar Project # D171157 Verified By: Google Earth Date: June 2017 Figure # 1-A *Boring locations are approximate. Boring Location Plan Preliminary Proposed Development at 7500 Randol Mill Road (100 Acres) Fort Worth Tarrant County, Texas TERRADYNE EULESS, TEXAS Prepared By: GDR Scale: Not to Scale Project # D171157 Base Plan By: Squaretop Partners, L.P. Date: June 2017 Figure # 1-B B-1 B-2 B-8 B-9 B-10 B-11 B-12 B-13 B-14 B-15 B-16 B-3 B-4 B-5 B-6 B-7 LOG OF BORING # PROJECT #: PROJECT: DATE: LOCATION: Ground Water Observed: PP-Pocket Penetrometer Date: SS-Split Spoon Sample ST-Shelby Tube Sample A-Auger Sample Figure LL-Liquid Limit PL-Plastic Limit RC-Rock Core Completion Depth: THD-TxDOT Cone Penetrometer NP-Non-Plastic Terradyne DFW SUBSURFACE PROFILE DEPTH5 10 15 20 SYMBOLSAMPLESSOIL DESCRIPTION Surf. Elev.PP (tsf)% FinesMoisture Content (%)Penetration (THD inch/100 blows, SPT blows per foot)Vertical Swell (%)Liquid Limit (LL)Plasticity Index (PI)Water Content % B-1 D171157 Preliminary Proposed Development at 7500 Randiol Mill Rd June 14, 2017 See Figure 1 SS SS A A A SILTY SAND, very loose to loose, moist to dry, brown, (SM) CLAYEY SAND, loose, dry to moist, brown, (SC) End of Borehole - becomes reddish yellow 30 14 5 11 12 14 4 9 23 8 10 30 50 70 N/A 2 15' LOG OF BORING # PROJECT #: PROJECT: DATE: LOCATION: Ground Water Observed: PP-Pocket Penetrometer Date: SS-Split Spoon Sample ST-Shelby Tube Sample A-Auger Sample Figure LL-Liquid Limit PL-Plastic Limit RC-Rock Core Completion Depth: THD-TxDOT Cone Penetrometer NP-Non-Plastic Terradyne DFW SUBSURFACE PROFILE DEPTH5 10 15 20 SYMBOLSAMPLESSOIL DESCRIPTION Surf. Elev.PP (tsf)% FinesMoisture Content (%)Penetration (THD inch/100 blows, SPT blows per foot)Vertical Swell (%)Liquid Limit (LL)Plasticity Index (PI)Water Content % B-2 D171157 Preliminary Proposed Development at 7500 Randiol Mill Rd June 14, 2017 See Figure 1 SS SS A A A SILTY SAND, very loose to loose, dry to slightly moist, brown, (SM) CLAYEY SAND, loose, slightly moist to moist, brown, (SC) End of Borehole - becomes reddish yellow 12 5 4 10 10 13 3 6 NP NP 10 30 50 70 N/A 3 15' LOG OF BORING # PROJECT #: PROJECT: DATE: LOCATION: Ground Water Observed: PP-Pocket Penetrometer Date: SS-Split Spoon Sample ST-Shelby Tube Sample A-Auger Sample Figure LL-Liquid Limit PL-Plastic Limit RC-Rock Core Completion Depth: THD-TxDOT Cone Penetrometer NP-Non-Plastic Terradyne DFW SUBSURFACE PROFILE DEPTH5 10 15 20 SYMBOLSAMPLESSOIL DESCRIPTION Surf. Elev.PP (tsf)% FinesMoisture Content (%)Penetration (THD inch/100 blows, SPT blows per foot)Vertical Swell (%)Liquid Limit (LL)Plasticity Index (PI)Water Content % B-3 D171157 Preliminary Proposed Development at 7500 Randiol Mill Rd June 14, 2017 See Figure 1 SS SS A A A SILTY SAND, very loose to medium dense, dry to slightly moist, light brown to dark red, (SM) SILTY CLAYEY SAND, loose, slightly moist, brown, (SC-SM) End of Borehole 18 5 7 6 8 9 2 13 NP NP 10 30 50 70 N/A 4 15' LOG OF BORING # PROJECT #: PROJECT: DATE: LOCATION: Ground Water Observed: PP-Pocket Penetrometer Date: SS-Split Spoon Sample ST-Shelby Tube Sample A-Auger Sample Figure LL-Liquid Limit PL-Plastic Limit RC-Rock Core Completion Depth: THD-TxDOT Cone Penetrometer NP-Non-Plastic Terradyne DFW SUBSURFACE PROFILE DEPTH5 10 15 20 SYMBOLSAMPLESSOIL DESCRIPTION Surf. Elev.PP (tsf)% FinesMoisture Content (%)Penetration (THD inch/100 blows, SPT blows per foot)Vertical Swell (%)Liquid Limit (LL)Plasticity Index (PI)Water Content % B-4 D171157 Preliminary Proposed Development at 7500 Randiol Mill Rd June 14, 2017 See Figure 1 SS SS A A A SILTY SAND, very loose to medium dense, dry to slightly moist, brown to dark red, (SM) SILTY CLAYEY SAND, medium dense, slightly moist, brown, (SC-SM) End of Borehole 27 5 6 7 7 9 4 12 21 6 10 30 50 70 N/A 5 15' LOG OF BORING # PROJECT #: PROJECT: DATE: LOCATION: Ground Water Observed: PP-Pocket Penetrometer Date: SS-Split Spoon Sample ST-Shelby Tube Sample A-Auger Sample Figure LL-Liquid Limit PL-Plastic Limit RC-Rock Core Completion Depth: THD-TxDOT Cone Penetrometer NP-Non-Plastic Terradyne DFW SUBSURFACE PROFILE DEPTH5 10 15 20 SYMBOLSAMPLESSOIL DESCRIPTION Surf. Elev.PP (tsf)% FinesMoisture Content (%)Penetration (THD inch/100 blows, SPT blows per foot)Vertical Swell (%)Liquid Limit (LL)Plasticity Index (PI)Water Content % B-5 D171157 Preliminary Proposed Development at 7500 Randiol Mill Rd June 14, 2017 See Figure 1 SS SS A A A CLAYEY SAND, loose to medium dense, slightly moist to dry to slightly moist, brown, (SC) FAT CLAY WITH SAND, very stiff, slightly moist to moist, brown, (CH) End of Borehole - becomes red 73 7 7 5 7 17 4 16 54 37 10 30 50 70 N/A 6 15' LOG OF BORING # PROJECT #: PROJECT: DATE: LOCATION: Ground Water Observed: PP-Pocket Penetrometer Date: SS-Split Spoon Sample ST-Shelby Tube Sample A-Auger Sample Figure LL-Liquid Limit PL-Plastic Limit RC-Rock Core Completion Depth: THD-TxDOT Cone Penetrometer NP-Non-Plastic Terradyne DFW SUBSURFACE PROFILE DEPTH5 10 15 20 SYMBOLSAMPLESSOIL DESCRIPTION Surf. Elev.PP (tsf)% FinesMoisture Content (%)Penetration (THD inch/100 blows, SPT blows per foot)Vertical Swell (%)Liquid Limit (LL)Plasticity Index (PI)Water Content % B-6 D171157 Preliminary Proposed Development at 7500 Randiol Mill Rd June 14, 2017 See Figure 1 SS SS A A A CLAYEY SAND, loose to medium dense, slightly moist, brown to dark red, (SC) FAT CLAY WITH SAND, very stiff, slightly moist to moist, brown, (CH) End of Borehole - becomes red 34 10 7 6 7 15 8 16 34 18 10 30 50 70 N/A 7 15' LOG OF BORING # PROJECT #: PROJECT: DATE: LOCATION: Ground Water Observed: PP-Pocket Penetrometer Date: SS-Split Spoon Sample ST-Shelby Tube Sample A-Auger Sample Figure LL-Liquid Limit PL-Plastic Limit RC-Rock Core Completion Depth: THD-TxDOT Cone Penetrometer NP-Non-Plastic Terradyne DFW SUBSURFACE PROFILE DEPTH5 10 15 20 SYMBOLSAMPLESSOIL DESCRIPTION Surf. Elev.PP (tsf)% FinesMoisture Content (%)Penetration (THD inch/100 blows, SPT blows per foot)Vertical Swell (%)Liquid Limit (LL)Plasticity Index (PI)Water Content % B-7 D171157 Preliminary Proposed Development at 7500 Randiol Mill Rd June 14, 2017 See Figure 1 SS SS A A A SILTY SAND, loose, dry, brown, (SM) CLAYEY SAND, loose to medium dense, dry to slightly moist, red, (SC) FAT CLAY WITH SAND, very stiff, slightly moist to moist, brown, (CH) End of Borehole 33 3 5 6 6 17 5 18 28 12 10 30 50 70 N/A 8 15' LOG OF BORING # PROJECT #: PROJECT: DATE: LOCATION: Ground Water Observed: PP-Pocket Penetrometer Date: SS-Split Spoon Sample ST-Shelby Tube Sample A-Auger Sample Figure LL-Liquid Limit PL-Plastic Limit RC-Rock Core Completion Depth: THD-TxDOT Cone Penetrometer NP-Non-Plastic Terradyne DFW SUBSURFACE PROFILE DEPTH5 10 15 20 SYMBOLSAMPLESSOIL DESCRIPTION Surf. Elev.PP (tsf)% FinesMoisture Content (%)Penetration (THD inch/100 blows, SPT blows per foot)Vertical Swell (%)Liquid Limit (LL)Plasticity Index (PI)Water Content % B-8 D171157 Preliminary Proposed Development at 7500 Randiol Mill Rd June 14, 2017 See Figure 1 SS SS A A A CLAYEY SAND, medium dense, slightly moist, red, (SC) FAT CLAY WITH SAND, very stiff, slightly moist to moist, brown, (CH) End of Borehole 27 9 7 6 6 18 20 17 27 11 10 30 50 70 N/A 9 15' LOG OF BORING # PROJECT #: PROJECT: DATE: LOCATION: Ground Water Observed: PP-Pocket Penetrometer Date: SS-Split Spoon Sample ST-Shelby Tube Sample A-Auger Sample Figure LL-Liquid Limit PL-Plastic Limit RC-Rock Core Completion Depth: THD-TxDOT Cone Penetrometer NP-Non-Plastic Terradyne DFW SUBSURFACE PROFILE DEPTH5 10 15 20 SYMBOLSAMPLESSOIL DESCRIPTION Surf. Elev.PP (tsf)% FinesMoisture Content (%)Penetration (THD inch/100 blows, SPT blows per foot)Vertical Swell (%)Liquid Limit (LL)Plasticity Index (PI)Water Content % B-9 D171157 Preliminary Proposed Development at 7500 Randiol Mill Rd June 14, 2017 See Figure 1 SS SS A A A CLAYEY SAND, medium dense to dense, slightly moist to dry, red, (SC) End of Borehole - becomes reddish brown - becomes brown 30 9 6 5 5 4 17 40 23 9 10 30 50 70 N/A 10 15' LOG OF BORING # PROJECT #: PROJECT: DATE: LOCATION: Ground Water Observed: PP-Pocket Penetrometer Date: SS-Split Spoon Sample ST-Shelby Tube Sample A-Auger Sample Figure LL-Liquid Limit PL-Plastic Limit RC-Rock Core Completion Depth: THD-TxDOT Cone Penetrometer NP-Non-Plastic Terradyne DFW SUBSURFACE PROFILE DEPTH5 10 15 20 SYMBOLSAMPLESSOIL DESCRIPTION Surf. Elev.PP (tsf)% FinesMoisture Content (%)Penetration (THD inch/100 blows, SPT blows per foot)Vertical Swell (%)Liquid Limit (LL)Plasticity Index (PI)Water Content % B-10 D171157 Preliminary Proposed Development at 7500 Randiol Mill Rd June 14, 2017 See Figure 1 SS SS A A A CLAYEY SAND, medium dense to very dense, moist to dry, dark reddish brown, (SC) End of Borehole - becomes red - becomes brown 31 12 5 4 4 4 11 56 23 8 10 30 50 70 N/A 11 15' LOG OF BORING # PROJECT #: PROJECT: DATE: LOCATION: Ground Water Observed: PP-Pocket Penetrometer Date: SS-Split Spoon Sample ST-Shelby Tube Sample A-Auger Sample Figure LL-Liquid Limit PL-Plastic Limit RC-Rock Core Completion Depth: THD-TxDOT Cone Penetrometer NP-Non-Plastic Terradyne DFW SUBSURFACE PROFILE DEPTH5 10 15 20 SYMBOLSAMPLESSOIL DESCRIPTION Surf. Elev.PP (tsf)% FinesMoisture Content (%)Penetration (THD inch/100 blows, SPT blows per foot)Vertical Swell (%)Liquid Limit (LL)Plasticity Index (PI)Water Content % B-11 D171157 Preliminary Proposed Development at 7500 Randiol Mill Rd June 14, 2017 See Figure 1 SS SS A A A CLAYEY SAND, medium dense to very dense, moist to dry, red, (SC) End of Borehole - becomes yellowish red - becomes brown 44 13 5 5 4 4 12 51 42 24 10 30 50 70 N/A 12 15' LOG OF BORING # PROJECT #: PROJECT: DATE: LOCATION: Ground Water Observed: PP-Pocket Penetrometer Date: SS-Split Spoon Sample ST-Shelby Tube Sample A-Auger Sample Figure LL-Liquid Limit PL-Plastic Limit RC-Rock Core Completion Depth: THD-TxDOT Cone Penetrometer NP-Non-Plastic Terradyne DFW SUBSURFACE PROFILE DEPTH5 10 15 20 SYMBOLSAMPLESSOIL DESCRIPTION Surf. Elev.PP (tsf)% FinesMoisture Content (%)Penetration (THD inch/100 blows, SPT blows per foot)Vertical Swell (%)Liquid Limit (LL)Plasticity Index (PI)Water Content % B-12 D171157 Preliminary Proposed Development at 7500 Randiol Mill Rd June 14, 2017 See Figure 1 SS SS A A A CLAYEY SAND, medium dense to dense, moist to dry, dark reddish brown, (SC) End of Borehole - becomes yellowish red - becomes brown 30 13 5 4 4 5 18 50 25 10 10 30 50 70 N/A 13 15' LOG OF BORING # PROJECT #: PROJECT: DATE: LOCATION: Ground Water Observed: PP-Pocket Penetrometer Date: SS-Split Spoon Sample ST-Shelby Tube Sample A-Auger Sample Figure LL-Liquid Limit PL-Plastic Limit RC-Rock Core Completion Depth: THD-TxDOT Cone Penetrometer NP-Non-Plastic Terradyne DFW SUBSURFACE PROFILE DEPTH5 10 15 20 SYMBOLSAMPLESSOIL DESCRIPTION Surf. Elev.PP (tsf)% FinesMoisture Content (%)Penetration (THD inch/100 blows, SPT blows per foot)Vertical Swell (%)Liquid Limit (LL)Plasticity Index (PI)Water Content % B-13 D171157 Preliminary Proposed Development at 7500 Randiol Mill Rd June 14, 2017 See Figure 1 SS SS A A A CLAYEY SAND, medium dense, slightly moist, dark reddish brown, (SC) LEAN CLAY, very stiff, slightly moist to moist, dark grayish brown, (CL) End of Borehole - becomes red to grayish brown - becomes light brownish gray - becomes grayish brown 45 8 9 7 8 13 17 23 71 53 10 30 50 70 N/A 14 15' LOG OF BORING # PROJECT #: PROJECT: DATE: LOCATION: Ground Water Observed: PP-Pocket Penetrometer Date: SS-Split Spoon Sample ST-Shelby Tube Sample A-Auger Sample Figure LL-Liquid Limit PL-Plastic Limit RC-Rock Core Completion Depth: THD-TxDOT Cone Penetrometer NP-Non-Plastic Terradyne DFW SUBSURFACE PROFILE DEPTH5 10 15 20 SYMBOLSAMPLESSOIL DESCRIPTION Surf. Elev.PP (tsf)% FinesMoisture Content (%)Penetration (THD inch/100 blows, SPT blows per foot)Vertical Swell (%)Liquid Limit (LL)Plasticity Index (PI)Water Content % B-14 D171157 Preliminary Proposed Development at 7500 Randiol Mill Rd June 14, 2017 See Figure 1 SS SS A A A CLAYEY SAND, medium dense, slightly moist to dry to slightly moist, dark reddish brown, (SC) LEAN CLAY, very stiff, slightly moist to moist, dark grayish brown, (CL) End of Borehole - becomes reddish brown - becomes light brownish gray - becomes grayish brown 97 10 10 5 8 11 20 28 45 30 10 30 50 70 N/A 15 15' LOG OF BORING # PROJECT #: PROJECT: DATE: LOCATION: Ground Water Observed: PP-Pocket Penetrometer Date: SS-Split Spoon Sample ST-Shelby Tube Sample A-Auger Sample Figure LL-Liquid Limit PL-Plastic Limit RC-Rock Core Completion Depth: THD-TxDOT Cone Penetrometer NP-Non-Plastic Terradyne DFW SUBSURFACE PROFILE DEPTH5 10 15 20 SYMBOLSAMPLESSOIL DESCRIPTION Surf. Elev.PP (tsf)% FinesMoisture Content (%)Penetration (THD inch/100 blows, SPT blows per foot)Vertical Swell (%)Liquid Limit (LL)Plasticity Index (PI)Water Content % B-15 D171157 Preliminary Proposed Development at 7500 Randiol Mill Rd June 14, 2017 See Figure 1 SS SS A A A CLAYEY SAND, medium dense, moist to slightly moist to dry, dark red, (SC) LEAN CLAY, very stiff, slightly moist to moist, dark grayish brown, (CL) End of Borehole - becomes dark reddish brown - becomes light brown - becomes grayish brown - becomes slightly moist 47 14 10 5 10 20 16 24 40 20 10 30 50 70 N/A 16 15' LOG OF BORING # PROJECT #: PROJECT: DATE: LOCATION: Ground Water Observed: PP-Pocket Penetrometer Date: SS-Split Spoon Sample ST-Shelby Tube Sample A-Auger Sample Figure LL-Liquid Limit PL-Plastic Limit RC-Rock Core Completion Depth: THD-TxDOT Cone Penetrometer NP-Non-Plastic Terradyne DFW SUBSURFACE PROFILE DEPTH5 10 15 20 SYMBOLSAMPLESSOIL DESCRIPTION Surf. Elev.PP (tsf)% FinesMoisture Content (%)Penetration (THD inch/100 blows, SPT blows per foot)Vertical Swell (%)Liquid Limit (LL)Plasticity Index (PI)Water Content % B-16 D171157 Preliminary Proposed Development at 7500 Randiol Mill Rd June 14, 2017 See Figure 1 SS SS A A A SILTY CLAYEY SAND, medium dense, moist, dark brown, (SC-SM) CLAYEY SAND, medium dense, moist to slightly moist, dark reddish brown to light brownish gray, (SC) FAT CLAY, very stiff, slightly moist to moist, grayish brown, (CH) End of Borehole - becomes gray 96 12 12 6 11 21 18 21 54 38 10 30 50 70 N/A 17 15' Soil Fractions Component Boulder Cobbles Gravel Coarse Fine Sand Coarse Medium Fine Silt and Clay Key to Classification and Symbols Size Range Greater than 12"3''-12" 3"-#4 (4.75 mm) 3"-¾" ¾"-#4 #4 -#200 (0.074 mm) #4 -#10 (2.00 mm) #10 -#40 (0.042 mm) #40 -#200 (0.074 mm) Less than #200 (0.074 mm) �Clay IIIIIIIl s ii t lffl Sandstone f :=:=:� Claystone m Limestone �Shale l[mj Sand �Marl �Gravel Consistency of Fine-Grained Soils Unconfined Consistency of Coarse-Grained Soils Consistency Very Soft Soft Firm Stiff Very Stiff Hard Calcareous Slickensided Laminated Fissured Interbedded Jointed Stratified Well-graded Poorly or Gap� raded Blows/Foot Std. Pen. Test <2 2-4 4-8 8-15 15-30 >30 Compressive Strength <TSF) 0.25 0.25-0.50 0.50-1.00 1.00-2.00 2.00-4.00 >4.00 Consistency Very Loose Loose Medium Medium Dense Very Dense SOIL STRUCTURE Blows/Foot Std. Pen. Test 0-4 4-10 10-30 30-50 50 Containing deposits of Calcium Carbonate, senerally modular. Having inclined planes of weakness that are slick and glossy in appearance. Composed of thin (axers of v!!!Xing colors and textures. Containing shrinkage cracks frequently filled with fine sand or silt usually more or less vertical. Composed of alternate layers of different soil t,xpes. Consisting of hair cracks that fall apart as soon as the confining pressure is removed. Composed of, or arranged in layers (usually 1 inch or more}. Having a wide range og grain size and substantial amounts of all intermediate particle sizes. Having a range of sizes with some intermediate sizes missing. Uniformly graded Predominantly of one grain size Terradyne Engineering, Inc.Figure 18