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Contract 53247-PM1
FORT WORTH ~ PROJECT MANUAL FOR THE CONSTRUCTION OF £)ORIGINAL CITY SECRETARYc. :2"" 4l _ 10 M I CONTRACT NO . ..i.rLAsJ.~Cf..:;;.._~..:..r ...;_...;._ MORNINGSTAR -SECTION 8, PHASE 4 IPRC No.: 19-0112, City Project No.:102117, Plan File No.: W -2633, X-25993 Water Project No.: 56008-0600430-102117-001580 Sewer Project No.: 56008-0700430-102117-011380 Betsy Price Mayor David Cooke City Manager Christopher P . Harder, P.E . Director, Water Department William Johnson Director, Transportation and Public Works Department Morningstar Ranch Municipal Utility Districts No. 1 The City of Fort Worth W ELCH ENGINEERING. I NC. 1308 Norwood Drive, Suite 200 Bedford, Texas 76022 JUNE 2019 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 00 0010- 1 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page I of SECTION 00 0010 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS 5 Division 00 - General Conditions 6 0011 13 Invitation to Bidders 7 0021 13 Instructions to Bidders 8 0041 00 Bid Form 9 00 42 43 Proposal Form Unit Price 10 00 43 13 Bid Bond 11 0045 11 Bidders Prequalification's 12 0045 12 Prequalification Statement 13 14 00 45 26 Conti -actor Compliance with Workers' Compensation Law 15 16 00 52 43 Agreement 17 00 61 25 Certificate of Insurance 18 00 62 13 Performance Bond 19 0062 14 Payment Bond 20 0062 19 Maintenance Bond 21 00 72 00 General Conditions (EJCDC C-700) 22 00 73 00 Supplementary Conditions 23 0073 10 Standard City Conditions of the Construction Contract for Developer Awarded 24 Projects 25 26 Division 01 - General Requirements 27 28 01 2500 Substitution Procedures 29 01 31 19 Preconstruction Meeting 30 3 l nor 16 �,,,,s+,.,, +; ., n,. ,, ess c ►,o„io 32 01 32 33 Preconstruction Video 33 01 33 00 Submittals 34 35 01 4523 Testing and Inspection Services 36 37 01 5526 Street Use Permit and Modifications to Traffic Control 38 01 57 13 Storm Water Pollution Prevention Plan 39 01 58 13 40 01 6000 Product Requirements 41 01 6600 Product Storage and Handling Requirements 42 43 01 7123 Construction Staking 44 01 74 23 Cleaning 45 01 77 19 Closeout Requirements 46 47 01 78 39 Project Record Documents 48 49 CITY OF FORT WORTH MORNINGSTAR—SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 102117 Revised April 2, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 0000 10-2 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 2 of'4 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: Litp.s:// ro*ectpoiiit.bLizzsaNv,.com/clieiit/foi-twortligov/ReSOLirces/-02�/`o`"-10- %2000IIStl-LICtioii%20Docuiiieiits/Specificatioiis Division 02 - Existing Conditions 02 41 13 Selec4ive Site Demelitien 02 41 14 Utility Removal/Abandenmen 02 4 i i 5 Paving Rei:neval Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 033 34 13 Controlled Low Strength Material (CLSM) 03 34 16 Concrete Base Material for Trench Repair 03 8000 Medifioatietis te Existiiig C;E)nerete Stfaetar-es Division 26 - Electrical 2605 00 Gemmen Wer-k Resbi its fei- Eleetf ieal 2605 10 Demolition faF Eleetizieal Systef:ns 26 05 33 Raceway and Boxes for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems Division 31 - Earthwork 31 23 16 Unclassified Excavation 1 23 23 Borrow 31 2400 Embankments 31 2500 Erosion and Sediment Control 3) 1 36 00 Gabions 1 3J7 00 31 Riprap Division 32 - Exterior Improvements 3201 17 Pei-aianeiitAsphalt Paving Repai 32 01 18 TefflpE)FaF�' Asphalt Paving RepaiF :32 0i 29 Caiief:ete Paviiig Repai 32 11 23 Flexible Base G8UFSeS 32 11 29 Lime Treated Base Courses 32 i i 33 Gement Treated Base GeaFses 32 12 16 Asphalt Pa. 32 12 73 Asphalt Paving Gr-aek Sealants 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 13 73 Concrete Paving Joint Sealants 32 14 16 Bi,iek Unit Paving 32 16 13 Concrete Curb and Gutters and Valley Gutters 32 17 23 Pavement Markings 3-231 13 Chain Link Fenees mid Gates 3231 26 Wife Feaees aiid Qate-s CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 102117 Revised April 2,2014 0000 10-3 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 3 ol`4 1 323129 xx! d 1 d r +es, 1 '-P f'Qi7CT-I il���J-Cl2"ICL-'O"GLCIr.,� 2 32 32 13 —aast in Pl , C ete Retainingxxr.,ll 3 3291 1.9 Topsoil Placement and Finishing of Parkways 4 3292 13 Hydro -Mulching, Seeding, and Sodding 32 93 43 Tfees and Shrubs 7 Division 33 - Utilities 8 33 01 30 Sewer and Manhole Testing 9 33 01 31 Closed Circuit Television (CCTV) Inspection 10 33 Orin Bypass Pumping of r listing Sewer Systems 11 333-04 10 T n+ Beiirira ^ii-d Escctrig crs�i "+rci 12 3-,0 A 11 C,n,•, OSiEM Control Test Stati n 13 3304 r Nelagflesiani n,nede C +ie die I?Fetee fi! n System 14 33 04 30 T,,,,,perafy rxr. er SeFyiees 15 33 04 40 Cleaning and Acceptance Testing of Water Mains 16 33 05 10 Utility Trench Excavation, Embedment, and Backfill 17 33 05 12 Water Line Lowering 18 33 05 13 Frame, Cover and Grade Rings 19 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 20 33 05 16 Concrete Water Vaults 21 33 05 17 Concrete Collars 22 23 33 05 20 33-05 21 Abiger a Ibinii�el LiHvi Plate 24 26 33 05 22 33 05 24 Steel G sin apipe b installation Carrier Pi in Gasing of Tunnel LineF Plate E)f e 27 33 05 26 Utility Markers/Locators 28 3 29 33 11 10 Ductile Iron Pipe 30 33 11 11 Ductile Iron Fittings 31 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 33 11 13 Generete Pi-essare Pipe, Bar- Ali-apped., Steel GyliiideF Type 32 33 J 33 1 1 14 �-z Bbir-i.d , Steel Pipe and 34 33 11 1-15 PFe stressed G ete Gy1: -Ale . n: n 35 33 12 10 Water Services 1-inch to 2-inch 36 33 12 11 1 , e Mlatef— M -tefs 37 33 1220 Resilient Seated Gate Valve 38 33-1221 n xxrxxl n n i 1 Seated B ++ . Valves 39 33 1225 Connection to Existing Water Mains 33 12 40 41 33 1240 Dry -Barrel Fire Hydrants 42 33-12 50 Water Saiznple Statiens 43 33 1260 Blow -off Valves 44 33 33 1 12 C.,,.ed in 11tiaee Pipe !!�� 45 33 31 13 Rei n f dd Pipe for- G-ayit., c. ,,;+.,,.,, ce r� ---FibeFgla s r e `:3 31 15 HDP Pipe Fef c n:+. , Se cc- _ d Forme nn,.:,nr> "T�-�csi-u 46 .1-r--� 9 riy �ii.0 i tizu.. � ......,,, 47 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 48 49 50 33 31 22 33 31 733 Sans+., , Sewer Slip 1 nin,Y a CR...twry-Sew : Pipe EnlaFgenieii CITY OF FORT WORTH MORNINGSTAR— SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 102117 Revised April 2, 2014 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 72 23 24 25 26 27 28 29 30 3I 32 33 34 35 00 00 10- 4 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 4 of 33 3150 Sanitary Sewer Service Connections and Service Line 3339 10 Cast -in -Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 60 Epoxy Liners for Sanitary Sewer Structures 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 33 46 00 sub drainage 33 49 10 Cast -in -Place Manholes and Junction Boxes 33 4920 Curb and Drop Inlets 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34 - Transportation 34 41 10 T-Faffie cigffiA a 34 41 30 Aluminum Signs 3471 13 Traffic Control Appendix ditieHs GC 6.07 Wage Rates GG ti 09 Permits and Utilities GC 6.24 Nandiser-imifiatie} GR-01 60 00 Product Requirements END OF SECTION CITY OF PORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 102117 Revised April 2, 2014 00 11 13-1 INVITATION TO BIDDERS Page 1 of I I SECTION 00 1113 2 INVITATION TO BIDDERS 3 DEVELOPER AWARDED CONTRACTS 4 FOR PUBLICLY BID PROJECTS ONLY 5 6 RECEIPT OF BIDS 7 Sealed bids for the construction of MORNINGSTAR DEVELOPMENT, SECTION 8, 8 PHASE 4 will be received by the MORNINGSTAR MUNICIPAL UTILITY DISTRICT, 9 (M.U.D.) Nos. 1 of Parker County. 10 I l Bids shall be delivered to: 12 WELCH ENGINEERING, INC, 13 1308 Norwood Drive Suite 200 14 Bedford, Texas 70226 15 16 Until 9:45am, CST, Tuesday, May 14, 2019 and bids will be publicly read aloud at 10:00 17 am, CST, Tuesday, May 1.4, 2019. 18 19 GENERAL DESCRIPTION OF WORK 20 The major work will consist of the (approximate) following: 21 22 The project is an extension of New Development for Water, Sanitary Sewer, Storm 23 Drainage, Street Paving and Street Lights. 24 25 Each bid must be accompanied by a certified or cashier's check, from a responsible bank in the 26 State of Texas, or a bid bond, issued by a surety legally authorized to do business in the State of 27 Texas, equal to 5% of the total bid amount. Make the cashier's check, certified check or bid bond 28 payable to WILBOW-MORNINGSTAR DEVELOPMENT, CORP. 29 30 Copies of the Bidding and Contract Documents may be acquired by at: twelchpa welclnen .com 31 A drop box will be emailed back to you. Contact Tim Welch, P.E. at 817-253-3682, if you 32 have questions. 33 34 DEVELOPER/CITY'S RIGHT TO ACCEPT OR REJECT BIDS 35 Developer and City reserves the right to waive irregularities and to accept or reject bids. 36 37 INQUIRIES 38 All inquiries relative to this procurement should be addressed to the following: 39 Attn: Timothy J. Welch, F.E., WELCH ENGINEERING, INC. 40 Email: twelch@welcheng.com 41 Phone: 817-253-3682 42 43 ADVERTISEMENT DATES 44 April 25, 2019 45 May 4, 2019 46 47 END OF SECTION CITY OF FORT WORTH MORNINGSTAR— SECTION 8, PHASE 4 STANDARD CONSTRUCT] SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised April 2, 2014 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3l 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 0021 13 -1 INSTRUCTIONS TO BIDDERS Page I of 9 SECTION 00 2113 INSTRUCTIONS TO BIDDERS DEVELOPER AWARDED CONTRACTS FOR PUBLICLY BID PROJECTS ONLY 1. Defined Terms 1.1, Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.1.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents, 1.1.2.Successful Bidder: The lowest responsible and responsive Bidder to whom Developer/City/M.U.D. (on the basis of City`s evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1,Neither Developer/City/ M.U.D. nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. Developer/City/M.U.D. and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. All Bidders and their subcontractors are required to be prequalified for the work types requiring prequalification at the time of bidding. Bids received from contractors who are not prequalified (even if inadvertently opened) shall not be considered. Prequalification requirement work types and documentation are as follows: 3.1.1. Paving— Requirements document located at; httDs:HDro i ecti)o i nt. buzzsaA.v.com/fortworth e:ov/Resources/02%20 %20Constrtictioii%2ODoctimentsIContractor%2OPrequalification/TPW%2OPavilig %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20RE0 UIREM EN`FS%20FOR%20PAVING%2000NTRACTORS.PDF?public 3.1.2. Roadway and Pedestrian Lighting — Requirements document located at; httt)s://Droiectaoiiit.btizzsaNv.com/fortwortliaov/Resources/02%20- %20Construction%2ODocLiments/Contractor%2OPrequalification/TPW%2OPavilI %20Contractor%2OPre ualification%2OPro€:ram/PREOUALIFICATIONI%20_ RPM U I REMENTS%20FOR%20PAVING%2000NTRACTORS. PDF?public CITY OF FORT WORTH MORNINGSTAR— SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECTNO.� 102117 Revised April 4, 2014 0021 13 - 2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.1.3. Water and Sanitary Sewer— Requirements document located at; 2 https:/proieetpoint.bLizzsaw,com/fortworthgov/Resources/02%20- 3 %20ConstrLiction%20DOCLaments/Contractor%2OPrequalificatioii/Water%2Oand%2 4 OSan itary%20Sewer%2OContractor%2OPrequalification%2OProgram/WSS%20pre 5 qual%20requirements.doc?public 6 7 8 3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within 9 seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 10 45 11, BIDDERS PREQUALIFICATIONS. 11 12 3.2.1. Submission of and/or questions related to prequal i fi cation should be addressed to 13 the City contact as provided in Paragraph 6.1. 14 15 16 3.3. The City/M.U.D. reserves the right to require any pre -qualified contractor who is the 17 apparent low bidder(s) for a project to submit such additional information as the City, in 18 its sole discretion may require, including but not limited to manpower and equipment 19 records, information about key personnel to be assigned to the project, and construction 20 schedule, to assist the City in evaluating and assessing the ability of the apparent low 21 bidder(s) to deliver a quality product and successfully complete projects for the amount 22 bid within the stipulated time frame. Failure to submit the additional information, if 23 requested, may be grounds for rejecting the apparent low bidder as non -responsive. 24 25 3.4. In addition to prequalification, additional requirements for qualification may be required 26 within various sections of the Contract Documents. 27 28 3.5. Special qualifications required for this project include the following: N/A 29 30 31 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 32 33 4.1. Before submitting a Bid, each Bidder shall: 34 35 4.1.1. Examine and carefully study the Contract Documents and other related data 36 identified in the Bidding Documents (including "technical data" referred to in 37 Paragraph 4.2. below). No information given by Developer/City or any 38 representative of the Developer/City other than that contained in the Contract 39 Documents and officially promulgated addenda thereto, shall be binding upon the 40 Developer/City. 41 42 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 43 site conditions that may affect cost, progress, performance or furnishing of the 44 Work. 45 46 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 47 progress, performance or furnishing of the Work. 48 CITY OF FORT WORTII MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised April 4, 2014 002113-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 2 Sta4. 252, 42 , Cede ef Fedefal Regulatiens, 3 a , Paft 21, 4 5 , 6 , 7 8 Fespense te this invitatien and will net be diseriniinated agaiiist en the 4 9 10 11 4.1.5. Study all: (i) reports of explorations and tests of subsurface conditions at or 12 contiguous to the Site and all drawings of physical conditions relating to existing 13 surface or subsurface structures at the Site (except Underground Facilities) that 14 have been identified in the Contract Documents as containing reliable "technical 15 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 16 at the Site that have been identified in the Contract Documents as containing 17 reliable "technical data." 18 19 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 20 the information which the City will furnish. All additional information and data 21 which the City will supply after promulgation of the formal Contract Documents 22 shall be issued in the form of written addenda and shall become part of the Contract 23 Documents just as though such addenda were actually written into the original 24 Contract Documents. No information given by the City other than that contained in 25 the Contract Documents and officially promulgated addenda thereto, shall be 26 binding upon the City. 27 28 4.1.7. Perform independent research, investigations, tests, borings, and such other means 29 as may be necessary to gain a complete knowledge of the conditions which will be 30 encountered during the construction of the project. Bidder must fill all holes and 31 clean up and restore the site to its former conditions upon completion of such 32 explorations, investigations, tests and studies. 33 34 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 35 cost of doing the Work, time required for its completion, and obtain all information 36 required to make a proposal. Bidders shall rely exclusively and solely upon their 37 own estimates, investigation, research, tests, explorations, and other data which are 38 necessary for full and complete information upon which the proposal is to be based. 39 It is understood that the submission of a proposal is prima -facie evidence that the 40 Bidder has made the investigation, examinations and tests herein required. Claims 41 for additional compensation due to variations between conditions actually 42 encountered in construction and as indicated in the Contract Documents will not be 43 allowed. 44 45 4.1.9.Prorrlptly notify Developer of all conflicts, errors, ambiguities or discrepancies in or 46 between the Contract Documents and such other related documents. The Contractor 47 shall not take advantage of any gross error or omission in the Contract Documents, 48 and the Developer shall be permitted to make such corrections or interpretations as 49 may be deemed necessary for fulfillment of the intent of the Contract Documents. 50 51 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMEN'rs — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised April 4, 2014 0021 13 - 4 INSTRUCTIONS TO BIDDERS Page 4 of 2 4.2.1.those reports of explorations and tests of subsurface conditions at or contiguous to 3 the site which have been utilized by Developer in preparation of the Contract 4 Documents. The logs of Soil Borings, if any, on the plans are for general 5 information only. Neither the Developer nor the Engineer guarantee that the data 6 shown is representative of conditions which actually exist. 7 8 4.2.2. those drawings of physical conditions in or relating to existing surface and 9 subsurface structures (except Underground Facilities) which are at or contiguous to 10 the site that have been utilized by Developer in preparation of the Contract I 1 Documents. 12 13 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 14 on request. Bidder is responsible for any interpretation or conclusion drawn from 15 any "technical data" or any other data, interpretations, opinions or information. 16 17 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 18 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 19 exception the Bid is premised upon performing and furnishing the Work required by the 20 Contract Documents and applying the specific means, methods, techniques, sequences or 21 procedures of construction (if any) that may be shown or indicated or expressly required 22 by the Contract Documents, (iii) that Bidder has given Developer written notice of all 23 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 24 written resolutions thereof by Developer are acceptable to Bidder, and when said 25 conflicts, etc., have not been resolved through the interpretations by Developer as 26 described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient 27 to indicate and convey understanding of all terms and conditions for performing and 28 furnishing the Work. 29 30 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 31 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material, unless 32 specifically identified in the Contract Documents. 33 34 5. Availability of Lands for Worlc, Etc. 35 36 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for 37 access thereto and other lands designated for use by Contractor in performing the Work 38 are identified in the Contract Documents. All additional lands and access thereto 39 required for temporary construction facilities, construction equipment or storage of 40 materials and equipment to be incorporated in the Work are to be obtained and paid for 41 by Contractor. Easements for permanent structures or permanent changes in existing 42 facilities are to be obtained and paid for by Developer. 43 44 45 46 47 48 6. Interpretations and Addenda 49 CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: I02117 Revised April 4, 2014 0021 13 - 5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 2 Developer's/City's representative. Interpretations or clarifications considered necessary 3 by Developer in response to such questions will be issued by Addenda delivered to all 4 parties recorded by Developer as having received the Bidding Documents. Only 5 questions answered by formal written Addenda will be binding Oral and other 6 interpretations or clarifications will be without legal effect 7 S Address questions to: 9 10 Attn: Timothy J. Welch, P.E., WELCH ENGINEERING, INC. 1 I Email: twelcli@welcheng.com 12 Phone: 817-253-3682 13 AND/OR 14 Attn: Patrick Buckley, P.E., City of Fort Worth 15 Email: Patrick.Buckley@forhvorthtexas.gov 16 Phone: 817-392-2443 17 18 19 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 20 Developer/City/M.U.D. 21 22 6.3. Addenda or clarifications may be posted via Buzzsaw at. 23 24 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or 25 INVITATION TO BIDDERS. Representatives of Developer will be present to discuss 26 the Project. Bidders are encouraged to attend and participate in the conference. 27 Developer's representative will transmit to all prospective Bidders of record such 28 Addenda as Developer considers necessary in response to questions arising at the 29 conference. Oral statements may not be relied upon and will not be binding or legally 30 effective. 31 32 7. Bid Security 33 34 7.1. Each Bid must be accompanied by Bid Bond made payable to Developer in an amount of 35 five (5) percent of Bidder's maximum Bid price on form attached, issued by a surety 36 meeting the requirements as listed in the General Conditions. 37 38 7.2. Tile Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 39 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 40 Agreement within 10 days after the Notice of Award, Developer may consider Bidder to 41 be in default, rescind the Notice of Award, and the Bid Bond of that Bidder will be 42 forfeited. Such forfeiture shall be Developer's exclusive remedy if Bidder defaults. The 43 Bid Bond of all other Bidders whom Developer believes to have a reasonable chance of 44 receiving the award will be retained by Developer until final contract execution. 45 46 8. Contract Times 47 The number of days within which, or the dates by which, Milestones are to be achieved in 48 accordance with the General Requirements and the Work is to be completed and ready for 49 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 50 attached Bid Form. 51 CITY OF PORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONS,rRUCT1ON SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised April 4, 2014 1 2 a 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 0021 13 - 6 INSTRUCTIONS TO BIDDERS Page 6 of 9 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Section 01 25 00 of the General Requirements. 11. Bid Form 11.1. All blanks on the Bid Form must be completed by printing in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered legibly, in ink or type, for which the Bidder proposes to do the work contemplated or furnish materials required. 11.2. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate name, address and state of incorporation shall be shown below the signature. 11.3). Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official name and address of the partnership shall be shown below the signature. 11.4. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The name and state of formation of the firm and the official address of the firm shall be shown. 11.5. Bids by individuals shall show the Bidder's name and official address. 11.6. Bids by joint ventures shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 11.7. All names shall be typed or printed in ink below the signature. CITY OF FORT WORTI I MORNINGS"TAR •- SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised April 4, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 11.8. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 11.9. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 11,10. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 12. Submission of Bids Bids shall be submitted on the prescribed Bid Form and proposal form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to City of Fort Worth Project Manager, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, , if required, and other required documents. 13. Modification and Withdrawal of Bids 13.1. Bids cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. After all Bids not requested for withdrawal are opened and publicly read aloud, the Bids for which a withdrawal request has been properly riled may, at the option of the Developer/City, be returned unopened. 13.2 Bidders may modify their Bid by electronic communication at any time prior to the time set for the closing of Bid receipt. 14. Opening of Bids Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 15, Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. Developer/City/M.U.D. may, at their sole discretion, release any Bid and nullify the Bid security, if required, prior to that date. 16. Evaluation of Bids and Award of Contract CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONS'rRUC'ION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised April 4, 2014 0021 13 - 8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 16.1. Developer/City/M.U.D. reserves the right to reject any or all Bids, including without 2 limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or 3 conditional Bids and to reject the Bid of any Bidder if Developer/City believes that it 4 would not be in the best interest of the Project to make an award to that Bidder, 5 whether because the Bid is not responsive or the Bidder is unqualified or of doubtful 6 financial ability or fails to meet any other pertinent standard or criteria established by 7 City. Developer/City also reserves the right to waive informalities not involving 8 price, contract time or changes in the Work with the Successful Bidder. 9 Discrepancies between the multiplication of units of Work and unit prices will be 10 resolved in favor of the unit prices. Discrepancies between the indicated sum of any 1 I column of figures and the correct sum thereof will be resolved in favor of the correct 12 sum. 13 14 16.1.1. Any or all bids will be rejected if Developer/City has reason to believe that 15 collusion exists among the Bidders, Bidder is an interested party to any litigation 16 against Developer/City, Developer/City or Bidder may have a claim against the 17 other or be engaged in litigation, Bidder is in arrears on any existing contract or 18 has defaulted on a previous contract, Bidder has performed a prior contract in an 19 unsatisfactory manner, or Bidder has uncompleted work which in the judgment 20 of the Developer/City will prevent or hinder the prompt completion of additional 21 work if awarded. 23 16.2. Developer/City may consider the qualifications and experience of Subcontractors, 24 Suppliers, and other persons and organizations proposed for those portions of the 25 Work as to which the identity of Subcontractors, Suppliers, and other persons and 26 organizations must be submitted as provided in the Contract Documents or upon the 27 request of the Developer/City. Developer/City also may consider the operating costs, 28 maintenance requirements, performance data and guarantees of major items of 29 materials and equipment proposed for incorporation in the Work when such data is 30 required to be submitted prior to the Notice of Award. 31 32 16.3. Developer/City may conduct such investigations as Developer/City deems necessary 33 to assist in the evaluation of any Bid and to establish the responsibility, 34 qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers 35 and other persons and organizations to perform and furnish the Work in accordance 36 with the Contract Documents to Developer's/City's satisfaction within the prescribed 37 time. 38 39 40 41 16.4. 1f the Contract is to be awarded, it will be awarded to lowest responsible and 42 responsive Bidder whose evaluation by Developer/City indicates that the award will 43 be in the best interests of the Developer/City. 44 45 46 47 16.5. Failure or refusal to comply with the requirements may result in rejection of Bid. 48 CITY OF PORT WORTH MORNINGSTAR— SECTION 8. PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised April 4, 2014 0021 13 - 9 INSTRUCTIONS TO BIDDERS Page 9 of 1 17. Signing of Agreement 2 When Developer issues a Notice of Award to the Successful Bidder, it will be accompanied 3 by the required number of unsigned counterparts of the Agreement. The Contractor shall sign 4 and deliver the required number of counterparts of the Agreement to Developer's 5 representative with the required Bonds, Certificates of Insurance, and all other required 6 documentation. 7 10 END OF SECTION CITY OF FORT WORTH MORNINGSTAR— SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised April 4. 2014 "ONTRACT FORMS CONTRACTORS, INC. 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 1 of 3 SECTION 00 4100 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: WILBOW-MORNINGSTAR DEVELOPMENT, CORP. 4131 N. CENTRAL EXPRESSWAY SUITE 900, LOCKBOX 13 DALLAS, TEXAS 75204 FOR: MORNINGSTAR — SECTION 8, PHASE 4 WATER, SANITARY SEWER, STORM SEWER, PAVING AND STREET LIGHTS IMPROVEMENTS City Project No.: 102117 Units/Sections: WATER, SANITARY SEWER, AND STORM SEWER 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements in the construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 0041 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 2 of 3 artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. WATER DISTRIBUTION, DEVELOPMENT, (8-INCH DIAMETER AND SMALLER) b. SEWER COLLECTION SYSTEM, DEVELOPMENT (8-INCH DIAMETER AND SMALLER) C. STORM DRAINAGE d. STREET PAVING e. STREET LIGHTING 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within. 45 _calendar days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work f and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 f. Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre -qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM— DEVELOPER AWARDED PROJECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 3 of 3 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid Alternate Bid Deductive Alternate Additive Alternate TOTAL BID /�) b 0t17 7. Bid Submittal This Bid is submitted on S S— / Respectfully submitted, By:� (Signature) (Printed Name) Title: <Title or Office> Company: � /. �l�ilii<<1 51/�G7�a/1' ;� e. <Conmppany Namee5 Address: I�'�L� Cie E, s•6i P PQe, �l <Address > <Address if applicable, otherwise delete> <City, State, Zip Code> State off Incorporation: Email: Phone: END OF SECTION by the entity named below Receipt is acknowledged of the following Addenda: Initial Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 E � —1 CITY OF FORT WORTH , STANDARD CONSTRUCTION BID FORM— DEVELOPER AWARDED PROJECTS 004100 Bid Form— DAP.docx Form Revised April 2, 2014 00 42 43 BID PROPOSAL FORM 00 42 43 DAP - BID PROPOSAL Page I of SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM BIDS ITEMS 7/10/2019 MORNINGSTAR - SECTION 8 - PHASE 4 CPN: 102117 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bicilist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT I: WATER IMPROVEMENTS 1-1 3311.0161 6" Water Pipe 33 11 12 LF IS $26.00 $468.00 1-2 3311.0261 8" Water Pipe 33 11 12 LF 3,351 $28.50 $95,503.50 1-3 3312.3002 6" Gate Valve 33 1220 EA 6 $850.00 $5,100.00 1-4 3312.3003 8" Gate Valve 33 1220 EA 8 $950.00 $7,600.00 1-5 3312.0117 Connect. to Existing 4"-12" Water Main 33 1225 EA 3 $150.00 $450.00 1-6 3312.0001 Fire Hydrant 33 1240 EA 6 1 $3,400.00 $20,400.00 1-7 3311.0001 Ductile Iron Water Fittings 33 11 11 TON 2 $5,500.00 $11,000.00 1-7 3305.0109 Trench Safety 3305 10 LF 3,369 $0.75 $2,526.75 1-8 3312.2003 1" Water Service 33 12 10 EA 86 $780.00 $67,080.00 TOTAL UNIT I: WATER IMEROVEMENTSI $210,128.25 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Foan Version April 2. 2014 00 42 43 - FINAL BID ITEMS - MORNINGSTAR - SECTION 8 PHASE 4 - 201336114- 07-10-19 00 42 43 DAP - BID PROPOSAL Page 2 of 7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM BIDS ITEMS 7/10/2019 MORNINGSTAR - SECTION 8 - PHASE 4 CPN: 102117 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification I Section No. Unit of Measure Bid Quantity Unit Price FBid Value UNIT II: SANITARY SEWER IMPROVEMENTS 2-1 3331.4115 8" Sewer Pipe 33 31 20 LF 1,735 $28.50 $49,447.50 2-2 3331.4116 8" Sewer Pipe w/CSB 33 05 10 LF 89 $56.00 $4,984.00 2-3 3305.0116 8" Sewer Pipe w/Concrete Encasement 33 05 10 LF 20 $56.00 $1,120.00 2-4 3305.0114 Manhole Adjustment, Majorw/Cover 330514 EA 1 $1,500.00 $1,500.00 2-5 3339.1001 4' Manhole 33 3920 EA 6 $3,600.00 $21,600.00 2-6 3339.1002 4' Drop Manhole 33 3920 EA 1 $6,000.00 $6,000.00 2-7 3339.1003 4' Extra Depth Manhole 33 3920 VF 19 $150.00 $2,850.00 2-8 3331.3101 4" Sewer Service, Two-way cleanout 33 31 50 EA 51 $410.00 $20,910.00 2-9 3301.0002 Post -CCTV Inspection 33 01 31 LF 1,844 $2.80 $5,163.20 2-10 3301.0101 Manhole Vacuum Testing 3301 30 EA 7 $150.00 $1,050.00 2-11 3339.0001 Epoxy Manhole Liner 33 39 60 VF 12 $200.00 $2,400.00 2-12 3305.0109 Trench Safety 3305 10 LF 1,844 $1.00 $1,844.00 2-13 9999.0001 Connect to Existing Sanitary Sewer Main 33 11 10 1 EA 1 $1,000.00 $1,000.00 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $119,868.70 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version April 2, 20 t4 00 42 43 - FINAL BID ITEMS - MORNINGSTAR - SECTION 8 PHASE 4 - 201336H4- 07-10-19 00 42 43 DAP - BID PROPOSAL Page 3 of 7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM BIDS ITEMS 7/10/2019 MORNINGSTAR - SECTION 8 - PHASE 4 CPN: 102117 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlis Item No. Description p Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT III: DRAINAGE IMPROVEMENTS 3-1 3305.0109 Trench Safety 33 05 10 LF 1,371 $0.75 $1,028.25 3-2 3341.0602 60" RCP, Class III 3341 10 LF 277 $225.00 $62,325.00 3-3 3341.0409 48" RCP, Class III 3341 10 LF 848 $150.00 $127,200.00 3-4 3341.0309 36" RCP, Class III 3341 10 LF 120 $105.00 $12,600.00 3-5 3341.0205 24" RCP, Class III 3341 10 LF 403 $72.00 $29,016.00 3-6 3349.0001 4' Storm Junction Box 3349 10 EA 1 $4,600.00 $4,600.00 3-6 9999.0010 4' Extra Depth Storm Manhole 33 3920 VF 7 $500.00 $3,500.00 3-7 3349.0003 5' Storm Junction Box 3349 10 EA 2 $5,800.00 $11,600.00 3-8 3349.0003 6' Storm Junction Box 3349 10 EA 1 $6,500.00 $6,500.00 3-9 3349.5002 15' Curb Inlet 33 49 20 EA 1 $5,800.00 $5,800.00 3-10 3349.5003 20' Curb Inlet 33 49 20 EA 7 $7,500.00 $52,500.00 3-11 3349.4115 60" TXDOT 4:1 Type II SETP-CD 33 49 40 EA 1 $9,100.00 $9,100.00 3-12 3349.4109 3 6 " TXDOT 4:1 Type II SETP-CD 33 49 40 EA 1 $3,800.00 $3,800.00 3-13 9999.0002 Medium Stone, Riprap, dry 31 3700 Sy 24 $85.00 $2,040.00 TOTAL UNIT III: DRAINAGE IMPROVEMENTS1 $331,609.25 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Foam Version April 2, 2014 00 42 43 - FINAL BID ITEMS - MORNINGSTAR - SECTION 8 PHASE 4 - 201336H4- 07-10-19 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM MORNINGSTAR - SECTION 8 - PHASE 4 UNIT PRICE BID 00 42 43 DAP-BIDPROPOSAL Page 7 of 7 BIDS ITEMS 7/10/2019 CPN: 102117 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. $210,128.25 $119, 868.70 $331,609.25 Total Construction Bidl $661,606.20 # days calendar days after the date when the END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version April 2, 2014 00 42 43 - FINAL BID ITEMS - MORNINGSTAR - SECTION 8 PHASE 4 - 201336144- 07-10-19 0045 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date WATER D.T. UTILITY CONTRACTORS, INC. Water Transmission, Development, 8" and smaller 1D SANITARY SEWER D.T. UTILITY CONTRACTORS, INC. Sewer Collection System, 8" and `I `3� • smaller �,o STORM DRAINAGE D.T. UTILITY CONTRACTORS, INC. Y ` 30 :10 STREET PAVING STREET LIGHTS The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. D.T UTILITY CONTRACTOR, INC. By: �(7�a� T� "Z Company (Please Print) 2614 Causbie Road Signature:!/ Address Weatherford, Texas 76087 Title: City/State/Zip (Please Print) Date: ? — ,'a- // END OF SECTION CITY OF FORT WORTH STAN DARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWARDED PROJ ECTS 00 45 12_Prequalification Statement- D.T. UTILITY Form Version April 2, 2014 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 102117. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: D.T. UTILITY CONTRACTOR, INC. Company 2614 Causbie Road Address Weatherford, Texas 76087 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By: UO /fi /G /�rLIG /(Please Print) Signature: Title: (Please Print) BEFORE ME, the undersignpl authority, on this day personally appeared e'D(-/Z, µ /o %! , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of �� 7: G�`E� l: �.rilrnt,�aYsfor the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this l0 day of 201-9 SRY'P""w� Lori Tollett Notary Public in and for the State of Texas Notary Public STATE OF TEXAS Z02008259 F.X)app. 5,7.021 - D OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 MORNINGSTAR — SECTION 8, PHASE 4 CITY PROJECT NO.: 102117 00 52 43 - 1 Developer Awarded Project Agreement Pagel of 4 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on 1' /G •- rp is made by and between 5 the Developer, WILBOW-MORNINGSTAR DEVELOPMENT, CORP., authorized to do 6 business in Texas ("Developer") and D.T. UTILITY CONTRACTORS, INC. authorized to do 7 business in Texas, acting by and through its duly authorized representative, ("Contractor"). 8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2. PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 MORNINGSTAR — SECTION 8, PHASE 4 17 18 CITY PROJECT NO.: 102117 19 20 Article 3. CONTRACT TIME 21 3.1 Time is of the essence. 22 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 23 Documents are of the essence to this Contract. 24 3.2 Final Acceptance. 25 The Work will be complete for Final Acceptance within 45 calendar days after the date 26 when the Contract Time commences to run as provided in Paragraph 2.04 of the Standard 27 City Conditions of the Construction Contract for Developer Awarded Projects. 28 3.3 Liquidated damages 29 Contractor recognizes that time is of the essence of this Agreement and that Developer 30 will suffer financial loss if the Work is not completed within the times specified in 31 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 32 the Standard City Conditions of the Construction Contract for Developer Awarded 33 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 34 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 35 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 36 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 37 Developer ONE THOUSAND Dollars ($1,000.00) for each day that expires after the 38 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 39 of Acceptance. CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:102117 Revised April 2, 2014 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 40 Article 4. CONTRACT PRICE 41 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 42 Documents an amount in current funds of: SIX HUNDRED SIXTY ONE THOUSAND SIX 43 HUNDRED SIX DOLLARS AND TWENTY CENTS, ($661,606.20). 44 Article 5. CONTRACT DOCUMENTS 45 5.1 CONTENTS: 46 A. The Contract Documents which comprise the entire agreement between Developer and 47 Contractor concerning the Work consist of the following: 48 1. This Agreement. 49 2. Attachments to this Agreement: 50 a. Bid Form (As provided by Developer) 51 1) Proposal Form (DAP Version) 52 2) Prequalification Statement 53 3) State and Federal documents (project specific) 54 b. Insurance ACORD Form(s) 55 c. Payment Bond (DAP Version) 56 d. Performance Bond (DAP Version) 57 e. Maintenance Bond (DAP Version) 58 f. Power of Attorney for the Bonds 59 g. Worker's Compensation Affidavit 60 h. MBE and/or SBE Commitment Form (If required) 61 3. Standard City General Conditions of the Construction Contract for Developer 62 Awarded Projects. 63 4. Supplementary Conditions. 64 5. Specifications specifically made a part of the Contract Documents by attachment 65 or, if not attached, as incorporated by reference and described in the Table of 66 Contents of the Project's Contract Documents. 67 6. Drawings. 68 7. Addenda. 69 8. Documentation submitted by Contractor prior to Notice of Award. 70 9. The following which may be delivered or issued after the Effective Date of the 71 Agreement and, if issued, become an incorporated part of the Contract Documents: 72 a. Notice to Proceed. 73 b. Field Orders. 74 c. Change Orders. 75 d. Letter of Final Acceptance. 76 77 CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:102117 Revised April 2, 2014 005243-3 Developer Awarded Project Agreement Page 3 of 4 78 Article 6. INDEMNIFICATION 79 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 80 expense, the city, its officers, servants and employees, from and against any and all 81 claims arising out of, or alleged to arise out of, the work and services to be performed 82 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 83 under this contract. This indemnification provision is specifically intended to operate 84 and be effective even if it is alleged or proven that all or some of the damages being 85 sought were caused, in whole or in part, by any act, omission or negligence of the city. 86 This indemnity provision is intended to include, without limitation, indemnity for 87 costs, expenses and legal fees incurred by the city in defending against such claims and 88 causes of actions. 89 90 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 91 the city, its officers, servants and employees, from and against any and all loss, damage 92 or destruction of property of the city, arising out of, or alleged to arise out of, the work 93 and services to be performed by the contractor, its officers, agents, employees, 94 subcontractors, licensees or invitees under this contract. This indemnification 95 provision is specifically intended to operate and be effective even if it is alleged or 96 proven that all or some of the damages being sought were caused, in whole or in part, 97 by anv act. omission or negligence of the citv. 98 99 Article 7. MISCELLANEOUS 100 7.1 Terms. 101 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 102 the Construction Contract for Developer Awarded Projects. 103 7.2 Assignment of Contract. 104 This Agreement, including all of the Contract Documents may not be assigned by the 105 Contractor without. the advanced express written consent of the Developer. 106 7.3 Successors and Assigns. 107 Developer and Contractor each binds itself, its partners, successors, assigns and legal 108 representatives to the other party hereto, in respect to all covenants, agreements and 109 obligations contained in the Contract Documents. 110 7.4 Severability. 111 Any provision or part of the Contract Documents held to be unconstitutional, void or 112 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 113 remaining provisions shall continue to be valid and binding upon DEVELOPER and 114 CONTRACTOR. 115 7.5 Governing Law and Venue. 116 This Agreement, including all of the Contract Documents is performable in the State of 117 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 118 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:102117 Revised April 2, 2014 00 52 43 - 4 Developer Awarded Project Agreement Page 4 of 4 119 120 7.6 Authority to Sign. 121 Contractor shall attach evidence of authority to sign Agreement, if other than duly 122 authorized signatory of the Contractor. 123 124 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 125 counterparts. 126 127 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 128 Contractor: Developer: 129 D.T. UTILITY CONTRACTORS, INC. By: (Signature) (Printed Name) Title: V% Company Name Address: 2614 CAUSBIE ROAD City/State/Zip: WEATHERFORD, TEXAS 76087 �_ /G Date WILBOW-MORNINGSTAR DEVELOPMENT, CORP. By: (Signature) olielnnir- Ab;� (Printed Name) Title: V I `C& Pas Company name Address: 4131 N. CENTRAL EXPRESSWAY SUITE 990, LOCKBOX 13 City/State/Zip: DALLAS, TEXAS 75204 Date CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:102117 Revised April 2, 2014 SPECIAL CONDITIONS TO THE AGREEMENT Notwithstanding any other items, conditions or provisions of the general or special conditions or any other provision of the Contract Documents to the contrary, Morningstar Ranch Municipal Utility District Nos. I and 2 ("District") and/or the City of Fort Worth ("City") when dictated by an applicable contract shall be deemed and considered as Owner for all purposes under the Contract Documents, except that WILBOW-MORNINGSTAR DEVELOPMENT, CORP. ("Developer") shall be considered the "Owner" for purposes of approving requests for and making payments to Contractor of all or any portion of the Contract Price and for paying all or any damages that might ever be due, including any costs associated with any change orders to the Contract. After submission to and approval by District and by Developer of the invoices, certificates and supporting documentation in connection with a request for payment, Contractor agrees to and shall look solely to Developer for payment of such invoices. Developer agrees to pay Contractor's invoices for work performed, subject to the terms of the Contract, in an aggregate amount not to exceed the Contract Price, plus change orders and extras approved by District and by Developer. Failure by Developer to make such payments to Contractor shall constitute a default by Owner and shall entitle Contractor to all rights and remedies arising under the Contract Documents for a default in payment of sums due Contractor pursuant to the Contract Documents; provided, however, District and/or City shall have no obligation for payment of sums due or to become due under the approved invoices or any part of the Contract Price. Neither the District nor the City is holding any security to guarantee payment for work performed on the Project. Developer reserves the right to assign its obligations hereunder to District and/or City subject to written acceptance thereof by District and/or City, respectively. A copy of any such assignment and the acceptance thereof shall be provided to Contractor, and thereafter assignee shall be obligated to make all payments thereafter becoming due to Contractor pursuant to this Contract and the obligations of the assignor contained in the first paragraph of these Special Conditions shall terminate. For purposes of convenient administration of this Contract, District may from time to time make payments due Contractor pursuant to this Contract from funds advanced to District by Developer; provided, however, no such payment by District will obligate District to make further payments due Contractor pursuant to this Contract unless and until District has accepted an assignment of Developer's obligations hereunder and a copy of the assignment and District's acceptance is delivered to Contractor, whereupon District shall become liable for payment to the extent of the assignment. If Developer breaches its obligations in any respect under the Contract, before exercising any remedy Contractor shall give written notice to District and City at the address below specifying the breach and the steps necessary to cure the breach and District shall have the right and power, within thirty (30) days after receipt of such notice, to cure or cause the breach to be cured, if it so elects, before Contractor exercises any of its remedies under the Contract. The undersigned CONTRACTOR does hereby release the City and District from any and all claims related to any failure of payment for work performed on the project by or through Contractor. The undersigned CONTRACTOR agrees, covenants and represents that it will include this Special Conditions to the Agreement in all of its subcontracts. On Behalf of Morningstar Ranch MUD Nos. 1 and 2 On Behalf of Developer On Behalf of Contractor 1 2 4 5 6 7 8 X ON 12 1 14 15 16 17 18 19 20 21 22 23 24 006125-1 CERTIFICATE OF INSURANCE Page I of I SECTION 00 6125 CERTIFICATE OF INSURANCE INSERT CERTIFICATE OF INSURANCE DOCUMENTS END OF SECTION CITY OFFORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 MORNINGSTAR - SECTION 8, PHASE 4 CITY PROJECT NO: 102117 1 2 3 4 5 6 7 SECTION 00 62 13 PERFORMANCE BOND 0062 13- 1 PERFORMANCE BOND Page I of 3 Bond No.PB11509801599 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § 8 That we, D.T. UTILITY CONTRACTORS, INC., known as "Principal" herein and 9 PHILADELPHIA INDEMNITY INSURANCE COMPANY, a corporate surety (sureties, if 10 more than one) duly authorized to do business in the State of Texas, known as "Surety" herein 1 I (whether one or more), are held and firmly bound unto the Developer, WILBOW- 12 MORNINGSTAR DEVELOPMENT, CORP., authorized to do business in Texas 13 ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal 14 sum of, SIX HUNDRED SIXTY ONE THOUSAND SIX HUNDRED SIX DOLLARS AND 15 TWENTY CENTS, ($661,606.20), lawful money of the United States, to be paid in Fort Worth, 16 Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the 17 Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, 18 successors and assigns, jointly and severally, firmly by these presents. 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number: 19-0078; and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 23 the 15th day of September , 2019 , which Contract is hereby referred to and made a 24 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 25 and other accessories defined by law, in the prosecution of the Work, including any Change 26 Orders, as provided for in said Contract designated as MORNINGSTAR — SECTION 8, 27 PHASE 4. CITY OF FORT WORTH MORNINGSTAR— SECTION 8, PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised January 31, 2012 006213-2 PERFORMANCE BOND Page 2 of 3 I NOW, THEREFORE, the condition of this obligation is such that if the said Principal 2 shall faithfully perform it obligations under the Contract and shall in all respects duly and 3 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 4 specifications, and contract documents therein referred to, and as well during any period of 5 extension of the Contract that may be granted on the part of the Developer and/or City, then this 6 obligation shall be and become null and void, otherwise to remain in full force and effect. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 15th day of September , 2019 . ATTEST: (Principal) Secretary Witness as to Principal PRINCIPAL: D. T. Utility Contractors, Inc. BY: Signature Name and Title Address: 2614 Causbie Road, Weatherford, Texas, 76087 SURETY: Philadelphia Indevinity Insurance Coma y BY: ignature Fred A. Thetford IV, Attorney -in -Fact Name and Title Address: one Bala Plaza.Suite 100.Bala Cvnwvd PA 19004 CITY OF FORT WORTH MORNINGSTAR— SECTION 8, PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised January 31, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 'Ar Witness as to Surety 006213-3 PERFORMANCE BOND Page 3 of 3 Telephone Number: 800-873-4552 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH MORNINGSTAR— SECTION 8, PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised January 31, 2012 006214-1 PAYMENTBOND Page I of 3 Bond No. PB11509801599 1 SECTION 00 62 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, D.T. UTILITY CONTRACTORS, INC., known as "Principal" herein, and 8 PHILADELPHIA INDEMNITY INSURANCE COMPANY, a corporate surety (or sureties if 9 more than one), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the Developer, WILBOW- 11 MORNINGSTAR DEVELOPMENT, CORP., authorized to do business in Texas 12 "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal 13 sum of SIX HUNDRED SIXTY ONE THOUSAND SIX HUNDRED SIX DOLLARS AND 14 TWENTY CENTS, ($661,606.20), lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto the 16 Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, 17 successors and assigns, jointly and severally, firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number: 19-0078; and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the 15th day of September , 20 19 , which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as MORNINGSTAR — SECTION 8, 26 PHASE 4. 27 28 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 29 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 30 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 31 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 32 force and effect. CITY OF FORT WORTH MORNINGSTAR— SECTION 8, PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:102117 Revised January 31, 2012 006214-2 PAYMENT BOND Page 2 of 3 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 15th day of 6 September 12019 7 f ATTEST: F (Principal) ecretary Witness as to Principal ATTEST: -Zd;g�� (Surety) Secretary Witness as to Surety PRINCIPAL: D. T. Utility Contractors, Inc. IN Signature z;-4,17 r�/4-1- Name and Title Address: 2614 Causbie Road, Weatherford, Texas, 76087 SURETY: Philadelphia Indemnity Insurance Company Fred A. Thetford IV, Attorney -in -Fact Name and Title Address: 2614 Causbie Road, Weatherford, Telephone Number: 800-873-4552 8 9 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 10 bylaws showing that this person has authority to sign such obligation. If Surety's physical 11 address is different from its mailing address, both must be provided. 12 CITY OF FORT WORTH MORNINGSTAR— SECTION 8, PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:1021 17 Revised January 31, 2012 006214-3 PAYMENTBOND Page 3 of 3 The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:102117 Revised January 31, 2012 1 2 3 4 5 6 7 SECTION 00 62 19 MAINTENANCE BOND 0062 19- 1 MAINTENANCE BOND Page 1 of 3 Bond No. PB11509801599 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § 8 That we D.T. UTILITY CONTRACTORS, INC., known as "Principal" herein and 9 Philadelphia Indemnity Insurance Company ny , a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the Developer, 12 WILBOW-MORNINGSTAR DEVELOPMENT, CORP., authorized to do business in Texas 13 ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum of 14 SIX HUNDRED SIXTY ONE THOUSAND SIX HUNDRED SIX DOLLARS AND 15 TWENTY CENTS, ($661,606.20) , lawful money of the United States, to be paid in Fort Worth, 16 Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the 17 Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, 18 executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 19 20 WHEREAS, Developer and City have entered into an Agreement for the construction of 21 community facilities in the City of Fort Worth by and through a Community Facilities 22 Agreement, CFA Number: 19-0078; and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer 24 awarded the 15th day of September , 2019 , which Contract is 25 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 26 materials, equipment labor and other accessories as defined by law, in the prosecution of the 27 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 28 the "Work") as provided for in said Contract and designated as MORNINGSTAR — SECTION 29 8, PHASE 4 and 30 31 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 32 accordance with the plans, specifications and Contract Documents that the Work is and will 33 remain free from defects in materials or workmanship for and during the period of two (2) years 34 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CITY OF FORT WORTH MORNINGSTAR— SECTION 8, PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised January 31, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 006219-2 MAINTENANCE BOND Page 2 of 3 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised January 31, 2012 W 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 006219-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 15th day of September 20 19 ATTEST: (Principal) Secretary 1:Z11_ <;� - Witness as to Principal ATTEST: (Surety) Secretary Witness as to Surety PRINCIPAL: D. T. Utility Contractors, Inc. BY: Signature Name and Title Address: 2614 Causbie Road, Weatherford, Texas, 6087 SURETY: Philadelphia Indemnity Insurance Company BY: Slgna re Fred A. Thetford IV, Attorney -in -Fact Name and Title Address: One Bala Plaza,Suite 100, Bala Cynwyd, PA 19004 Telephone Number: 800-873-4552 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised January 31, 2012 Bond No. PB1 1509801599 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney 6796 KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Jared Young, Fred A. Thetford, Jr., Tobin Tucker, Tom Young, Diane Brown, Fred A. Thetford IV and/or Fred A. Thetford, III of Contract Bond Agency, LLC., its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14th of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27"" DAY OF OCTOBER, 2017. .YX; 92 (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27'h day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEAMOF �wrAxxiusen� nbman ��.cn.naa.vac Notary Public powerue1.i Ew pk. Sa L25. M2lY *.{,Cwnmlen Exd�es sM125, ZR11 �mn—N,oc� residing at: (Notary Seal) My commission expires: ��. ` i1J1♦il Bala Cynwyd, PA September 25, 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 271h day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 15th day of September , 20 y. ��• ,, � .. ..,� sG'�• 5—Q_ '7 •' m Edward Sayago, Corporate Secretary " F. PHILADELPHIA INDEMNITY INSURANCE COMPANY IMPORTANT NOTICE To obtain information or make a complaint You may call the Surety's toll free telephone number for information or to make a complaint at: 1-877-438-7459 You may also write Philadelphia Indemnity Insurance Company at: One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Director of Surety You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: 1-800-252-3439. You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtectionCa tdi.state. tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. ADVISO IMPORTANTE Para obener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de para informacion o para someter una queja al: 1-877-438-7459 Usted tanbien puede escribir a Philadelphia Indemnity Insurance Company at: One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Director of Surety Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection(-)-tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Surety primero. Si no se resuelve la disputa, puede entonces comunicarrse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. PAVING CONTRACT FORMS L.H. LACY COMPANY, LTD. 004100 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 1 of 3 SECTION 00 4100 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: WILBOW-MORNINGSTAR DEVELOPMENT, CORP. 4131 N. CENTRAL EXPRESSWAY SUITE 900, LOCKBOX 13 DALLAS, TEXAS 75204 FOR: MORNINGSTAR — SECTION 8, PHASE 4 WATER, SANITARY SEWER, STORM SEWER, PAVING AND STREET LIGHTS IMPROVEMENTS City Project No.: 102117 Units/Sections: STREET PAVING 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements in the construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS 00 4100 Bid Form — DAP.docx Form Revised April2, 2014 004100 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 2 of 3 artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition. C. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. WATER DISTRIBUTION, DEVELOPMENT, (8-INCH DIAMETER AND SMALLER) b. SEWER COLLECTION SYSTEM, DEVELOPMENT (8-INCH DIAMETER AND SMALLER) C. STORM DRAINAGE d. STREET PAVING e. STREET LIGHTING 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 75 calendar days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 f. Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre -qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 0041 00 DAP BID FORK( FOR PUBLICLY BID PROJECTS ONLY Page 3 of 3 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subj ect to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid $623,305.34 Alternate Bid Deductive Alternate Additive Alternate TOTAL BID $623,305.34 7. Bid Submittal This Bid is submitted on Respectfully submitted, By: at e (Prinked Name) Title: Pm -1iCL � <Title or Office> Company: L..0.1a C.�rn Lid <Company Name> Address: i $'Kv Crbldl Una Su',-. 12oo <Address > <Address if applicable, otherwise delete> papas ,T-r ., 12 3� <City, State, Zip Code> State of T2•c6'-- Incorporation: Email: Phone: '2 1 - 3 S .7 _ b 1 L{ �o END OF SECTION by the entity named below Receipt is acknowledged of the following Addenda: Initial Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS 00 4100 Bid Form— DAP.docx Form Revised April 2, 2014 00 42 43 BID PROPOSAL FORM 00 42 43 DAP - BID PROPOSAL Page 4 of 7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM BIDS ITEMS 7/10/2019 MORNINGSTAR - SECTION 8 - PHASE 4 CPN: 102117 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT IV: PAVING IMPROVEMENTS 4-1 3213.0101 6" Conc Pvmt 32 13 13 SY 8,424 $38.27 $322,386.48 4-2 3211.0501 6" Lime Treatment 32 11 29 SY 8,972 $2.53 $22,699.16 4-3 3211.0400 Hydrate Lime 32 11 29 TN 134.57 $168.00 $22,607.76 4-4 9999.0001 7.5" Conc Pvmt 32 13 13 SY 4,456 $42.33 $188,622.48 4-5 3211.0502 8"Lime Treatment 32 11 29 SY 4,746 $2.79 $13,241.34 4-6 3211.0400 Hydrate Lime 32 11 29 TN 94.96 $168.00 $15,953.28 4-7 3213.0301 5-foot, 4" Concrete Sidewalk 32 1320 SF 2,375 $5.61 $13,323.75 4-8 3213.0501 Barrier Free Ramp - Type R-1 32 1320 EA 10 $1,643.56 $16,435.60 4-9 3441.4003 Furnish & Install Ground Mount post w/Stop & Directive Signs 3441 30 EA 3 $1,652.00 $4,956.00 4-10 9999.0004 Street Name Plates for Street Intersection 3441 30 EA 5 $321.55 $1,607.75 4-11 9999.0005 Install Type III Street barricade (street dead ends) 31 3600 LF 38 S38.731 $1,471.74 TOTAL UNIT IV: PAVING IMPROVEMENTS $623,305.34 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version April 2, 2014 00 42 43 - FINAL BID ITEMS - MORNINGSTAR - SECTION 9 PHASE 4 - 201336H4- 07-10-19 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM MORNINGSTAR - SECTION 8 - PHASE 4 UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page 7 of 7 BIDS ITEMS 7/10/2019 CPN: 102117 Bidder's Application Project Item Information Bidder's Proposal Bidlist Specification Unit of Bid Item Description Section No. Measure Quantity Unit Price Bid Value No. Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS Total Construction Bid $623,305.34 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 75 calendar days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION 5.34 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Fomr Version April 2, 2014 00 42 43 - FINAL BID ITEMS - MORNINGSTAR - SECTION 8 PHASE 4 - 201336H4- 07-10-19 00 45 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date WATER Water Transmission, Development, 12" and smaller SANITARY SEWER Sewer Collection System, 8" and smaller STORM DRAINAGE STREET PAVING L.H. LACY COMPANY 7/1/2021 STREET LIGHTS The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: L.H. LACY COMPANY By: gp�obti G cr �•o -� Company (PleasePrint) 1880 Crown Road, #1200 Signature: ---_ Address — Dallas, Texas 75234 Title: Pre- s : ) City/State/Zip �y(Please Print) Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATIONSTATEMENT— DEVELOPERAWARDEDPROJECiS 004512_PrequalificationStatement - LACY Form Version April 2, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 3m 40 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 102117. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: L.H. LACY COMPANY Company 1880 Crown Road, #1200 Address Dallas, Texas 75234 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By: : c b, L) G,,Ja-, (Please t) Signature: Title: R-e- -i : 41 r=t (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared jy, o , known to me to be the person whose name is subscribed -to the foregoing instrume and acknowledged to me that he/she executed the same as the act and deed of for the purposes and consideration therein expressed and kn the caacity4ierein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20_Lf. LLI Public in and for the State exas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 MORNINGSTAR— SECTION 8, PHASE 4 CITY PROJECT NO.: 102117 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 i 4 THIS AGREEMENT, authorized on 1 s� ZO q is made by and between 5 the Developer, WILBOW-MORNINGSTAR DEVELOPMENT, CORP., authorized to do 6 business in Texas ("Developer") and L.H. LACY COMPANY, authorized to do business in 7 Texas, acting by and through its duly authorized representative, ("Contractor"). 8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2. PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 MORNINGSTAR — SECTION 8, PHASE 4 17 18 CITY PROJECT NO.: 102117 19 20 Article 3. CONTRACT TIME 21 3.1 Time is of the essence. 22 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 23 Documents are of the essence to this Contract. 24 3.2 Final Acceptance. 25 The Work will be complete for Final Acceptance within 75 calendar days after the date 26 when the Contract Time commences to run as provided in Paragraph 2.04 of the Standard 27 City Conditions of the Construction Contract for Developer Awarded Projects. 28 3.3 Liquidated damages 29 30 31 32 33 34 35 36 37 38 39 Contractor recognizes that time is of the essence of this Agreement and that Developer will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the Developer if the Work is not completed on time. Accordingly, instead of requiring any such proof , Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay Developer ONE THOUSAND Dollars ($1,000.00) for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:102117 Revised April 2, 2014 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 40 Article 4. CONTRACT PRICE 41 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 42 Documents an amount in current funds of. SIX HUNDRED TWENTY THREE THOUSAND 43 THREE HUNDRED FIVE DOLLARS AND THIRTY FOUR CENTS, ($623,305.34). 44 Article 5. CONTRACT DOCUMENTS 45 5.1 CONTENTS: 46 A. The Contract Documents which comprise the entire agreement between Developer and 47 Contractor concerning the Work consist of the following: 48 1. This Agreement. 49 2. Attachments to this Agreement: 50 a. Bid Form (As provided by Developer) 51 1) Proposal Form (DAP Version) 52 2) Prequalification Statement 53 3) State and Federal documents (project specific) 54 b. Insurance ACORD Form(s) 55 c. Payment Bond (DAP Version) 56 d. Performance Bond (DAP Version) 57 e. Maintenance Bond (DAP Version) 58 f. Power of Attorney for the Bonds 59 g. Worker's Compensation Affidavit 60 h. MBE and/or SBE Commitment Form (If required) 61 3. Standard City General Conditions of the Construction Contract for Developer 62 Awarded Projects. 63 4. Supplementary Conditions. 64 5. Specifications specifically made a part of the Contract Documents by attachment 65 or, if not attached, as incorporated by reference and described in the Table of 66 Contents of the Proj ect's Contract Documents. 67 6. Drawings. 68 7. Addenda. 69 8. Documentation submitted by Contractor prior to Notice of Award. 70 9. The following which may be delivered or issued after the Effective Date of the 71 Agreement and, if issued, become an incorporated part of the Contract Documents: 72 a. Notice to Proceed. 73 b. Field Orders. 74 c. Change Orders. 75 d. Letter of Final Acceptance. 76 77 CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:102117 Revised April 2, 2014 005243-3 Developer Awarded Project Agreement Page 3 of 4 78 Article 6. INDEMNIFICATION 79 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 80 expense, the city, its officers, servants and employees, from and against any and all 81 claims arising out of, or alleged to arise out of, the work and services to be performed 82 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 83 under this contract. This indemnification provision is specifically intended to operate 84 and be effective even if it is alleged or proven that all or some of the damages being 85 sought were caused, in whole or in part, by any act, omission or negligence of the city. 86 This indemnity provision is intended to include, without limitation, indemnity for 87 costs, expenses and legal fees incurred by the city in defending against such claims and 88 causes of actions. 89 90 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 91 the city, its officers, servants and employees, from and against any and all loss, damage 92 or destruction of property of the city, arising out of, or alleged to arise out of, the work 93 and services to be performed by the contractor, its officers, agents, employees, 94 subcontractors, licensees or invitees under this contract. This indemnification 95 provision is specifically intended to operate and be effective even if it is alleged or 96 proven that all or some of the damages being sought were caused, in whole or in part, 97 by any act, omission or negligence of the city. 98 99 Article 7. MISCELLANEOUS 100 7.1 Terms. 101 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 102 the Construction Contract for Developer Awarded Projects. 103 7.2 Assignment of Contract. 104 This Agreement, including all of the Contract Documents may not be assigned by the 105 Contractor without the advanced express written consent of the Developer. 106 7.3 Successors and Assigns. 107 Developer and Contractor each binds itself, its partners, successors, assigns and legal 108 representatives to the other party hereto, in respect to all covenants, agreements and 109 obligations contained in the Contract Documents. 110 7.4 Severability. 111 Any provision or part of the Contract Documents held to be unconstitutional, void or 112 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 113 remaining provisions shall continue to be valid and binding upon DEVELOPER and 114 CONTRACTOR. 115 7.5 Governing Law and Venue. 116 This Agreement, including all of the Contract Documents is performable in the State of 117 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 118 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:102117 Revised April 2, 2014 119 120 7.6 Authority to Sign. 121 122 123 124 125 126 127 128 129 00 52 43 - 4 Developer Awarded Project Agreement Page 4 of 4 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date"). Contractor: L.H. LACY COMPANY By: (Si ature) 0, 3-ri4l (Pri ted Name) Title: Pam. s , Company Name Address: 1880 Crown Road, #1200 City/State/Zip: DALLAS, TEXAS 75234 q 3il Date Developer: WILBOW-MORNMGSTAR DEVELOPMENT, CORP. By: (Signature) �i I LIr 4J__� (Printed Name) Title: q, PrU,5idkf Company name Address: 4131 N. CENTRAL EXPRESSWAY SUITE 990, LOCKBOX 13 City/State/Zip: DALLAS, TEXAS 75204 .4. Lam ' 01 Date CITY OF FORT WORTH MORNINGSTAR— SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:102117 Revised April 2, 2014 SPECIAL CONDITIONS TO THE AGREEMENT Notwithstanding any other items, conditions or provisions of the general or special conditions or any other provision of the Contract Documents to the contrary, Morningstar Ranch Municipal Utility District Nos. 1 and 2 ("District") and/or the City of Fort Worth ("City") when dictated by an applicable contract shall be deemed and considered as Owner for all purposes under the Contract Documents, except that WILBOW-MORNINGSTAR DEVELOPMENT, CORP. ("Developer") shall be considered the "Owner" for purposes of approving requests for and making payments to Contractor of all or any portion of the Contract Price and for paying all or any damages that might ever be due, including any costs associated with any change orders to the Contract. After submission to and approval by District and by Developer of the invoices, certificates and supporting documentation in connection with a request for payment, Contractor agrees to and shall look solely to Developer for payment of such invoices. Developer agrees to pay Contractor's invoices for work performed, subject to the terms of the Contract, in an aggregate amount not to exceed the Contract Price, plus change orders and extras approved by District and by Developer. Failure by Developer to make such payments to Contractor shall constitute a default by Owner and shall entitle Contractor to all rights and remedies arising under the Contract Documents for a default in payment of sums due Contractor pursuant to the Contract Documents; provided, however, District and/or City shall have no obligation for payment of sums due or to become due under the approved invoices or any part of the Contract Price. Neither the District nor the City is holding any security to guarantee payment for work performed on the Project. Developer reserves the right to assign its obligations hereunder to District and/or City subject to written acceptance thereof by District and/or City, respectively. A copy of any such assignment and the acceptance thereof shall be provided to Contractor, and thereafter assignee shall be obligated to make all payments thereafter becoming due to Contractor pursuant to this Contract and the obligations of the assignor contained in the first paragraph of these Special Conditions shall terminate. For purposes of convenient administration of this Contract, District may from time to time make payments due Contractor pursuant to this Contract from funds advanced to District by Developer; provided, however, no such payment by District will obligate District to make further payments due Contractor pursuant to this Contract unless and until District has accepted an assignment of Developer's obligations hereunder and a copy of the assignment and District's acceptance is delivered to Contractor, whereupon District shall become liable for payment to the extent of the assignment. If Developer breaches its obligations in any respect under the Contract, before exercising any remedy Contractor shall give written notice to District and City at the address below specifying the breach and the steps necessary to cure the breach and District shall have the right and power, within thirty (30) days after receipt of such notice, to cure or cause the breach to be cured, if it so elects, before Contractor exercises any of its remedies under the Contract. The undersigned CONTRACTOR does hereby release the City and District from any and all claims related to any failure of payment for work performed on the project by or through Contractor. The undersigned CONTRACTOR agrees, covenants and represents that it will include this Special Conditions to the Agreement in all of its subcontracts. On Behalf of Morningstar Ranch MUD Nos. 1 and 2 On Behalf of Developer On Behalf of Contractor 006125- 1 CERTIFICATE OF INSURANCE Page I of I I SECTION 00 6125 2 CERTIFICATE OF INSURANCE 4 INSERT CERTIFICATE OF INSURANCE DOCUMENTS 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION CITY OF FORT WORTH MORNINGSTAR - SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO: 102117 Revised JLIIY 1. 2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number Agency Number Policy Effective Date CPP206752901001 02/01 /2019 Policy Expiration Date Date Account Number 02/0112020 Named Insured Aggencyy BOWEN, MICLETTE & BRITT Issuing Company AMERISURE INSURANCE L.H. LACY COMPANY, LTD INSURANCE AGENCY COMPANY 1. a. SECTION II - WHO IS AN INSURED is amended to add as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business. b. The written contract or written agreement must: (1) Require additional insured status for a time period during the term of this policy; and (2) Be executed prior to the "bodily injury", 'property damage", or "personal and advertising injury" leading to a claim under this policy. c. If, however: (1) "Your work" began under a letter of intent or work order; and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work; and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by: (1) Premises you: (a) Own; (b) Rent; (c) Lease; or (d) Occupy,- (2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to "bodily injury" or 'property damage" occurring after: (a) All work to be performed by you or on your behalf for the additional insured(s) at the site of the covered operations is complete, including related materials, parts or equipment (other than service, maintenance or repairs); or (b) That portion of "your work" out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. Includes copyrighted material of Insurance Services Office, Inc. CG 70 85 10 15 Pages 1 of 3 (3) Completed operations coverage, but only if: (a) The written contract or written agreement requires completed operations coverage or "your work" coverage; and (b) This coverage part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". However, the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract or written agreement: (1) Requires "arising out of" language; or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 10 01; or (b) Additional Insured —Owners. Lessees or Contractors— Completed Operations endorsement CG 20 3710 01; 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 you to provide additional insured coverage to that person or organization by the use of: (1) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13; or (2) Additional Insured —Owners, Lessees or Contractors— Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13; or (3) Both those endorsements with either of those edition dates; or (4) Either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 without an edition date specified; or (b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 without an edition date specified; then paragraph 2.a. above applies. d. Premises, as respects paragraph 2.a.(1) above, include common 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) or 2.a.(1)(c) above does not extend beyond the end of a premises lease or rental agreement. f. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; or (3) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. g. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: (1) The preparing, approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (c) Opinions: Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 3 CG 70 8510 15 (d) Reports; (e) Surveys; (f) Change orders; (g) Design specifications; and (2) Supervisory, inspection, or engineering services. h. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a. Primary; b. Excess; c. Contingent; or d. On any other basis: but if the written contract or written agreement requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. L If the written contract or written agreement as outlined above requires additional insured status by use of CG 20 10 11 85, then the coverage provided under this CG 70 85 endorsement does not apply except for paragraph 2.h. Other Insurance. Additional insured status is limited to that provided by CG 20 10 11 85 shown below and paragraph 2.h. Other Insurance shown above. 1L INSURED - OWNERS, LESSEES CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name 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 endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 2010 1185 Copyright, Insurance Services Office, Inc., 1984 The insurance provided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrighted material of Insurance Services Office, Inc. CG 70 85 10 15 Pages 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ [TCAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number Agency Number Policy Effective Date Policy Expiration Date Date 02101/2019 Account Number 02/0112020 L.H. LACY COMPANY, LTD INSURANCE AGENCY M om 79URANCE COMPANY t m. SECTION U-WHO |SAN INSURED isamended 0nadd asanadditional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business. t. The written contract orwritten agreement must: (1) Require additional insured status for atime period during the term of this policy; and (2) Be executed prior to the "bodily injury", "property damage", or "personal and advertising injury" leading to a claim under this policy. c. If, however: (1) ~fourworK began under aletter ofintent or work order; and (2) The letter ufintent orwork order led 0oawritten contract urwritten agreement within 3Odays ofbeginning such mmrk�and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2 The insurance provided under this endorsement is limited as follows: a' That person nrorganization isonadditional insured only with respect 10liability caused. inwhole n«inpart, by: (1) Premises you: (a) Own; (b) Rent-, (c)Lease; or (d)Oouupy; (2) Ongoing operations performed byyou oron your behalf. Ongoing operations does not apply to "bodily injury" or'property damage" occurring after: (n) All work to be performed by you or on your behalf for the additional insured(s) at the site o[the covered operations iecomplete, including related materials, parts orequipment (other than service, maintenance orrepairu);or (b) That portion nf"your work" out ofwhich the injury cxdamage arises ioput toits intended use byany person o/organization other than another contractor working for a principal anupart ofthe same Includes copyrighted material ufInsurance Services Office, Inc. CG70861O15 Pages 1nf3 (3) Completed operations coverage, but only if-, (a) The written contract o/written agreement requinmmompletedoporadunacovenagocr"yourwmrk- zoveraga;and (b) This coverage part provides coverage for "bodily injury" or "property damage' included within the ^pmduotn-oumpietedoperations hazand'^ However, the insurance afforded to such additional insured only applies to the extent permitted by law. b Dthe written contract mwritten agreement: (1) Requires "arising out of" language; o/ (2) Requires you bnprovide additional insured coverage tothat person urorganization bythe use ofeither or both ofthe following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG2Q1O1001;uv (b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 3710O1: 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 you to provide additional insured coverage to that person ororganization bythe use of: (1) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG201OO704orCG201O041J;o/ (2) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 07 04orCG20370413;nr (3) Both those endorsements with either ofthose edition dates; or (4) Either orboth o[the following: (w) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement C82O1Dwithout anedition date specifi*d�or (b) Additional Insured —Owners, Lessees or Contractors— Completed Operations endorsement CG 20 37 without an edition date specified; then paragraph 2.e.above applies. d. Premises, as respects paragraph 2.a.(I) above, include common or public areas about such premises if so required inthe written contract orwritten agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2,a.(l)(c) above does not extend beyond the end ofepremises lease o,rental agreement. [ The limits ofinsurance that apply bo the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement: or (3) Declarations nfthis policy. The limits nf insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. g. The insurance provided to the additional insured does not apply to 'bodily injury", "property damage", or .personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: (1) The preparing, approving, orfailing toprepare cnapprove: (a) Maps; (b) Drawings; (c)Opiniona: Includes copyrighted material ofInsurance Services Office, |nc (d)R*ports; (e)Sumeys: U0Change orders; (g) Design specifications; and (2) Supemisory, inspection, o,engineering services. h. SECTIONN—COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: 4. Othe insuranu . Coverage provided by this endorsement isexcess over any other valid and collectible insurance available to the additional insured whether: a. Primary; b. Excess; c'Contingent, o/ d. On any other basis: but if the written contract orwritten agreement requires primary and non -contributory coverage, this insurance will boprimary relative 1uother insurance available tuthe additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. I. Kthe written contract orwritten agreement asoutlined above requires additional insured status byuse ofCG 201811 85,then the coverage provided under this O8 70 85 endorsement does not apply except for paragraph 2hOther Insurance. Additional insured status islimited tothat provided byC8201O1185 shown below and paragraph 2.h'Other Insurance shown above. ADDITIONAL INSURED ' OWNERS, LESSc-EiSOR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name ofPerson u*Organization: Blanket where required bywritten contract orwritten agreement that the terms ofCG201O1185apply. (if no entry appears above. information required to complete this endorsement will be shown in the Declarations aoapplicable tothis emducaem&ntJ WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown inthe Schedule, but only with respect toliability arising out of"your work" for that insured byorfor you. CG2O1O1185 Copyright, Insurance Services Office, Inc.1084 The insurance provided by this endorsement does not apply to any premises mwork for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrighted material ofInsurance Services Office, Inc. CG7085101S Pages 3uf3 006213-1 PERFORMANCE BOND Page I of 3 Bond No. 3017996 1 SECTION 00 62 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, L.H. LACY COMPANY, known as "Principal' herein and 9 --Great American Insurance Company of New York , a corporate surety(sureties, if more 10 than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether 11 one or more), are held and firmly bound unto the Developer, WILBOW-MORNINGSTAR 12 DEVELOPMENT, CORP., authorized to do business in Texas ("Developer") and the City of 13 Fort Worth, a Texas municipal corporation ("City"), in the penal sum of SIX HUNDRED 14 TWENTY THREE THOUSAND THREE HUNDRED FIVE DOLLARS AND THIRTY 15 FOUR CENTS, ($623,305.34), lawful money of the United States, to be paid in Fort Worth, 16 Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the 17 Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, 18 successors and assigns, jointly and severally, firmly by these presents. 19 WIIEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number _ ____ Lq, Ob-Zf_and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 23 the day of _ ��', 201 s , which Contract is hereby referred to and made a 24 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 25 and other accessories defined by law, in the prosecution of the Work, including any Change 26 Orders, as provided for in said Contract designated as MORNINGSTAR — SECTION 8, 27 PHASE 4. CITY OF FORT WORTH MORND;GSTAR - SECTION 8, PHASE 4 STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS CrrY PROJECT INTO.: 102117 Revised January 31, 2012 006213-2 PERFORMANCE BOND Page 2 of 3 1 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 2 shall faithfully perform it obligations under the Contract and shall in all respects duly and 3 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 4 specifications, and contract documents therein referred to, and as well during any period of 5 extension of the Contract that may be granted on the part of the Developer and/or City, then this 6 obligation shall be and become null and void, otherwise to remain in full force and effect. 7 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 8 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 9 Worth Division. 10 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 11 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 12 accordance with the provisions of said statue. 13 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 14 this instrument by duly authorized agents and officers on this the LS® day of r�S, almr, 15 _, 2019 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ATTEST: DipA)Secretary Witness as to Principal PRINCIPAL: L.H. Lacy Company, Ltd. BY: Sig lure c-�, Pn -i.CL^ NanAe and Title T— Address: 1880 Crown Drive, Suite 1200 Dallas, tx 75234 SURETY: Great American Insurance Company of New York __ ) Signature Rita G. Gulizo, Attorney -in -Fact Name and Title Address: 301 E. Fourth Street CITY OF FORT WORTH MORNINGSTAR - SECTION 8, PHASE 4 STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised January 31, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 witness as to Surety Sus D. Zapalowski 006213-3 PERFORMANCE BOND Page 3 of 3 Cincinnati, OH 45202 Telephone Number: (513) 369-5000 *Note: if signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CM OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised January 31, 2012 006214-1 PAYMENTBOND Page 1 of 3 1 SECTION 00 6214 Bond No. 3017996 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, L.H. LACY COMPANY, known as "Principal" herein, and 8 Great American Insurance Company of New York , a corporate surety ( or sureties if 9 more than one), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the Developer, WILBOW- I1 MORNINGSTAR DEVELOPMENT, CORP., authorized to do business in Texas 12 "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal 13 sum of SIX HUNDRED TWENTY THREE THOUSAND THREE HUNDRED FIVE 14 DOLLARS AND THIRTY FOUR CENTS, ($623,305.34) , lawful money of the United States, 15 to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be 16 made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, 17 executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CIA Number i 117 OO- ;and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the _JfS��day of __-___-SC� 2019 which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as MORNINGSTAR - SECTION 8, 26 PHASE 4 27 28 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 29 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 30 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 31 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 32 force and effect. CITY OF FORT WORTH MORNINGSTAR - SECTION 8, PHASE 4 STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:102117 Revised January 31, 2012 00 62 14 - 2 PAYMENT BOND Page 2 of 3 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the l& _ day of 6 , 20 19 7 ATTEST: cipal) Secretary - J Witness as to Principal PRINCIPAL: L.H. Lacy Company, Ltd. BY: _ Signatur Name andtitle Address: 1880 Crown Drive, Suite 1200 Dallas, TX 75234 SURETY: Great American Insurance Company of New York ATTEST: BY: —_ I Signature Rita G. Gulizo, Attorney -in -Fact (Surety) S~&IOy s an D. Zapalowski, Witness Name and Title Address: 301 E. Fourth Street Cincinnati, OH 45202 Witness as t0 Surety Kathryn Lambert Telephone Number: (513) 369-5000_—_ _ 8 9 Note: If signed by an officer of the Surety, there must be on file a certified extract from the j 10 bylaws showing that this person has authority to sign such obligation. If Surety's physical 11 address is different from its mailing address, both must be provided. 12 CTTY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CITY CONDTFIONS— DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:102117 Revised January 31, 2012 006214-3 PAYMENT BOND Page 3 of 3 The date of the bond shall not be prior to the date the Contract is awarded.. r, M - 4 4 -till CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:102117 Revised January 31, 2012 006219-1 MAINTENANCE BOND Page 1 of 3 Bond No. 3017996 1 SECTION 00 6219 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we L.H. LACY COMPANY, known as "Principal" herein and 9 Great American Insurance Company of New York, a Corporate surety (sureties, if more than one) duly 10 authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), 11 are held and firmly bound unto the Developer, 12 WILBOW-MORNINGSTAR DEVELOPMENT, CORP., authorized to do business in Texas 13 ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum of 14 SIX HUNDRED TWENTY THREE THOUSAND THREE HUNDRED FIVE DOLLARS 15 AND THIRTY FOUR CENTS, ($623,305.34) , lawful money of the United States, to be paid 16 in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made jointly 17 unto the Developer and the City as dual obligees and their successors, we bind ourselves, our 18 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 19 presents. 20 21 WHEREAS, Developer and City have entered into an Agreement for the construction of 22 community facilities in the City of Fort Worth by and through a Community Facilities 23 Agreement, CFA Number I q --WZB ;and 21.1 WHEREAS, the Principal has entered into a certain written contract with the Developer 25 awarded the I S'Vday of 3 epr , 2019 , which Contract is 26 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 27 materials, equipment labor and other accessories as defined by law, in the prosecution of the 28 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 29 the "Work") as provided for in said Contract and designated as MORNINGSTAR — SECTION 30 S, PHASE 4 and 31 CITY OF FORT WORTH MORNINGSTAR - SECTION 8, PHASE 4 STANDARD CITY CONDUIONS - DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised January 31, 2012 00 6219 - 2 MAINTENANCE BOND Page 2 of 3 1 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 2 accordance with the plans, specifications and Contract Documents that the Work is and will 3 remain free from defects in materials or workmanship for and during the period of two (2) years 4 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 5 6 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 7 upon receiving notice from the Developer and/or City of the need thereof at any time within the 8 Maintenance Period. 9 10 NOW THEREFORE, the condition of this obligation is such that if Principal shall 11 remedy any defective Work, for which timely notice was provided by Developer or City, to a 12 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 13 remain in full force and effect. 14 15 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 16 noticed defective Work, it is agreed that the Developer or City may cause any and all such 17 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 18 by the Principal and the Surety under this Maintenance Bond; and 19 20 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 21 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 22 Worth Division; and 23 24 PROVEDED FURTHER, that this obligation shall be continuous in nature and 25 successive recoveries may be had hereon for successive breaches. 26 27 28 CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the __j_6P day of _--t . 3------------ 2019 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ATTEST: i cipal) secretary Witness as to Principal ATTEST: (Sure. Eju n D. Zapalowski, Witness Witness as to Surety Kathryn Lambert PRINCIPAL: L.H. Lacy Company, Ltd BY: _ SJS2� ° nv t S x G � --- 4 N and Title Address: 1880 Crown Drive, Suite 1200 Dallas, TX 75234 SURETY: Great American Insurance Company of New York --_ -_- k BY: -- ' Signature v — Rita G. Gulizo, Attorney -in -Fact Name and Title Address: 301 E. Fourth Street Cincinnati, OH 45202 Telephone Number: (513) 369-5000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH MORNINGSTAR - SECTION S, PHASE 4 STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised January 31, 2012 GREAT AMERICAN INSURANCE COMPANY OF NEW YORK New York Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No. 0 19964 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power RITA G. GULIZO SUSAN ZAPALOWSKI DAVID T. MICLETTE ALL OF NEW ORLEANS, LOUISIANA ALL $100,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF, the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 6TH day of FEBRUARY 2019 . Attest Ci C Assistant Secretary STATE OF OHIO, COUNTY OF HAMILTON-ss: GREAT AMERICAN INSURANCE COMPANY OF NEW YORK 904 w4l�� Divisional Senior Vice President MARK VICARIC (877-377-2405) On this 6TH day of FEBRUARY , 2019 , before me personally appeared MARK VICARIO, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company of New York, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. $"A. Kohord r • /^icy� i Ubk 3*0f ft���yyy�� ._ MY V{Ilfilll EON WIPa1O11 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company of New York by unanimous written consent dated May 14, 2009. RESOLVED: That the Divisional President the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority, and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company of New York, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of May 14, 2009 have not been revoked and are now in full force and effect. Signed and sealed this day of G7E 2019 Assistant Secretary S1185M (07/18) Great American Insurance Company of New York GREATAmERIcAN Great American Alliance Insurance Company INSURANCE GROUP Great American Insurance Company IMPORTANT NOTICE: To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9091 FAX: 1-512-490-1007 Your notice of claim against the attached bond may be given to the surety company that issued the bond by sending it by certified or registered mail to the following address: Mailing Address: Great American Insurance Company P.O. Box 2119 Cincinnati, Ohio 45202 Physical Address: Great American Insurance Company 301 E. Fourth Street Cincinnati, Ohio 45202 You may also contact the Great American Insurance Company Claim office by: Fax: 1-888-290-3706 Telephone: 1-513-369-5091 Email: bondclaims@gaic.com PREMIUM OR CLAIM DISPUTES: If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document. F.9667A (10/16) jIGHTS CONTRACT FORMS A ELECTRICAL, INC. 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 1 of 3 SECTION 00 4100 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: WILBOW-MORNINGSTAR DEVELOPMENT, CORP. 4131 N. CENTRAL EXPRESSWAY SUITE 900, LOCKBOX 13 DALLAS, TEXAS 75204 FOR: MORNINGSTAR — SECTION 8, PHASE 4 WATER, SANITARY SEWER, STORM SEWER, PAVING AND STREET LIGHTS IMPROVEMENTS City Project No.: 102117 Units/Sections: STREET LIGHTS 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements in the construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at CITY OF FORT WORTH STANDARD CONSTRUCTION BI D FORM — DEVELOPER AWARDED PROJECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 2 of 3 artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. WATER DISTRIBUTION, DEVELOPMENT, (8-INCH DIAMETER AND SMALLER) b. SEWER COLLECTION SYSTEM, DEVELOPMENT (8-INCH DIAMETER AND SMALLER) C. STORM DRAINAGE d. STREET PAVING e. STREET LIGHTING 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 45 calendar days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 f. Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre -qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS 00 4100 Bid Form— DAP.docx Form Revised April 2, 2014 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 3 of 3 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid 43,658.75 Alternate Bid Deductive Alternate Additive Alternate TOTAL BID 43,658.75 7. Bid Submittal This Bid is submitted on 5/19/2019 below Respectful Roy E Bean II (Printed Name) Title: President <Title or Office> Company: Bean Electrical, Inc <Company Name> Address: 821 E Enon <Address > <Address if applicable, otherwise delete> Everman, Texas 76140 <City, State, Zip Code> State of _Texas Incorporation: Email: cbean'ri be iilclectrical.coin Phone: END OF SECTION by the entity named Receipt is acknowledged of the following Addenda: Initial Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 00 42 43 BID PROPOSAL FORM 00 42 43 DAP -BID PROPOSAL Page 5 of 7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM BIDS ITEMS 7/10/2019 MORNINGSTAR - SECTION 8 - PHASE 4 CPN: 102117 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT V: STREET LIGHTING IMPROVEMENTS 5-1 9999,0000 Install Holophane - Columbia Aluminum Pole, Washington - 14.5' Luminaire WFCL2-070HO-30K-AS-BK-L5- 34 41 20 EA 20 $550.00 $11,000.00 5-2 3441.3001 Furnish/Install Rdwy Illum Foundation TY 7 34 41 20 EA 20 $900.00 $18,000.00 5-3 2605.3015 Fumish/Install 2 Inch Conduit PVC SCH 80 (T) 26 05 33 LF 1303 $9.00 $11,727.00 5-4 3441.3401 Furnish/Install #10 Copper Electric Conductor 3441 10 LF 1303 $2.25 $2,931.75 Note: Tri-County Electric is providing item 5-1 for the TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $43,658.75 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Fonn Version April 2, 2014 00 42 43 - FINAL BID ITEMS - MORNINGSTAR - SECTION 8 PHASE 4 - 201336114- 07-10-19 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM MORNINGSTAR - SECTION 8 - PHASE 4 1;,NIT PRICE 3 1 00 42 43 DAP - BID PROPOSAL Page 7 of 7 BIDS ITEMS 7/10/2019 CPN: 102117 Bidder's Application Project Item Information Bidder's Proposal 1 Ist Specification Unit of Bid Item Description Section No. Measure Quantity Unit Price Bid Value No. Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS Total Construction Bid 4� Contractor agrees to complete WORK for FINAL ACCEPTANCE within 9 days calendar days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION $43,658.75 75 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROTECTS Form Version April 2, 2014 00 42 43 - FINAL BID ITEMS - MORNINGSTAR - SECTION 8 PHASE 4 - 2013361-14- 07-10-19 00 45 12 DAP PR.EQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date WATER Water Transmission, Development, 8" and smaller SANITARY SEWER Sewer Collection System, 8" and smaller STORM DRAINAGE STREET PAVING STREET LIGHTS BEAN ELECTRICAL, INC. The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: BEAN ELECTRICAL INC. By: 9K V Y Company (Ple a Print) 821 E ENON Signature: Address EVERMAN, TX 76140 Title: I/ l k`j. -� City/State/Zip (Please Print) Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT — DEVELOPER AWARDED PROJ EC717S 004512_PrequalificationStatement - BEAN Form Version April 2, 2014 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 102117. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: BEAN ELECTRICAL, INC. INC. Company 821 E. Enon Address Everman, Texas 76140 City/State/Zip THE STATE OF TEXAS COUNTY OF TARRANT Sign, Title: 0 0 (rlease Fruit) B FORE , the undersigned authority, on this day personally appeared JCL ' , known to me to be the person whose name is subscri ed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of &k(vA -El e c {-r , i ,`k . =1 1. C for the purposes and consideration therein expressed and in the capacity therein stated. GlyfN UNDER MY HAND AND SEAL OF OFFICE this t77t�` day of 't t , 20h. .,ems -- -----_ _-_------ =G ?2C Notary Pu li in d for the St e of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 MORNINGSTAR — SECTION 8, PHASE 4 CITY PROJECT NO.: 102117 005243-1 Developer Awarded Project Agreement Page I of 4 1 SECTION 00 52 43 2 AGREEMENT 3 A 4 THIS AGREEMENT, authorized on —c 7! 1 is made by and between 5 the Developer, WILBOW-MORNINGSTAR DEVELOPMENT, CORP., authorized to do 6 business in Texas ("Developer") and BEAN ELECTRICAL, INC. KNOWN AS "PRINCIPAL" 7 HEREIN AND SURETEC INSURANCE, authorized to do business in Texas, acting by and 8 through its duly authorized representative, ("Contractor"). 9 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 10 follows: 11 Article 1. WORK 12 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 13 Project identified herein. 14 Article 2. PROJECT 15 The project for which the Work under the Contract Documents may be the whole or only a part is 16 generally described as follows: 17 MORNINGSTAR — SECTION 8, PHASE 4 18 19 CITY PROJECT NO.: 102117 20 21 Article 3. CONTRACT TIME 22 3.1 Time is of the essence. 23 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 24 Documents are of the essence to this Contract. 25 3.2 Final Acceptance. 26 The Work will be complete for Final Acceptance within 45 calendar days after the date 27 when the Contract Time commences to run as provided in Paragraph 2.04 of the Standard 28 City Conditions of the Construction Contract for Developer Awarded Projects. 29 3.3 Liquidated damages 30 Contractor recognizes that time is of the essence of this Agreement and that Developer 31 will suffer financial loss if the Work is not completed within the times specified in 32 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 33 the Standard City Conditions of the Construction Contract for Developer Awarded 34 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 35 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 36 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 37 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 38 Developer ONE THOUSAND Dollars ($1,000.00) for each day that expires after the 39 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 40 of Acceptance. CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:102117 Revised April 2, 2014 00 52 43 -2 Developer Awarded Project Agreement Page 2 of 4 41 Article 4. CONTRACT PRICE 42 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 43 Documents an amount in current funds of. FORTY THREE THOUSAND SIX HUNDRED 44 FIFTY EIGHT DOLLARS AND SEVENTY FIVE CENTS, ($43,658.75) 45 Article 5. CONTRACT DOCUMENTS 46 5.1 CONTENTS: 47 A. The Contract Documents which comprise the entire agreement between Developer and 48 Contractor concerning the Work consist of the following: 49 1. This Agreement. 50 2. Attachments to this Agreement: 51 a. Bid Form (As provided by Developer) 52 1) Proposal Form (DAP Version) 53 2) Prequalification Statement 54 3) State and Federal documents (project specific) 55 b. Insurance ACORD Form(s) 56 c. Payment Bond (DAP Version) 57 d. Performance Bond (DAP Version) 58 e. Maintenance Bond (DAP Version) 59 f. Power of Attorney for the Bonds 60 g. Worker's Compensation Affidavit 61 h. MBE and/or SBE Commitment Form (If required) 62 3. Standard City General Conditions of the Construction Contract for Developer 63 Awarded Projects. 64 4. Supplementary Conditions. 65 5. Specifications specifically made a part of the Contract Documents by attachment 66 or, if not attached, as incorporated by reference and described in the Table of 67 Contents of the Project's Contract Documents. 68 6. Drawings. 69 7. Addenda. 70 8. Documentation submitted by Contractor prior to Notice of Award. 71 9. The following which may be delivered or issued after the Effective Date of the 72 Agreement and, if issued, become an incorporated part of the Contract Documents: 73 a. Notice to Proceed. 74 b. Field Orders. 75 c. Change Orders. 76 d. Letter of Final Acceptance. 77 78 CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:102117 Revised April 2, 2014 00 52 43 - 3 Developer Awarded Project Agreement Page 3 of 4 79 Article 6. INDEMNIFICATION 80 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 81 expense, the city, its officers, servants and employees, from and against any and all 82 claims arising out of, or alleged to arise out of, the work and services to be performed 83 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 84 under this contract. This indemnification provision is specifically intended to operate 85 and be effective even if it is alleged or proven that all or some of the damages being 86 sought were caused, in whole or in part, by any act, omission or negligence of the city. 87 This indemnity provision is intended to include, without limitation, indemnity for 88 costs, expenses and legal fees incurred by the city in defending against such claims and 89 causes of actions. all 91 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 92 the city, its officers, servants and employees, from and against any and all loss, damage 93 or destruction of property of the city, arising out of, or alleged to arise out of, the work 94 and services to be performed by the contractor, its officers, agents, employees, 95 subcontractors, licensees or invitees under this contract. This indemnification 96 provision is specifically intended to operate and be effective even if it is alleged or 97 proven that all or some of the damages being sought were caused, in whole or in part, 98 by anv act. omission or negliffence of the citv. 99 100 Article 7. MISCELLANEOUS 101 7.1 Terms. 102 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 103 the Construction Contract for Developer Awarded Projects. 104 7.2 Assignment of Contract. 105 This Agreement, including all of the Contract Documents may not be assigned by the 106 Contractor without the advanced express written consent of the Developer. 107 7.3 Successors and Assigns. 108 Developer and Contractor each binds itself, its partners, successors, assigns and legal 109 representatives to the other parry hereto, in respect to all covenants, agreements and 110 obligations contained in the Contract Documents. ill 7.4 Severability. 112 Any provision or part of the Contract Documents held to be unconstitutional, void or 113 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 114 remaining provisions shall continue to be valid and binding upon DEVELOPER and 115 CONTRACTOR. 116 7.5 Governing Law and Venue. 117 This Agreement, including all of the Contract Documents is performable in the State of 118 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 119 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:102117 Revised April 2, 2014 I i 120 121 7.6 Authority to Sign. 005243-4 Developer Awarded Project Agreement Page 4 of 4 122 Contractor shall attach evidence of authority to sign Agreement, if other than duly 123 authorized signatory of the Contractor. 124 125 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 126 counterparts. 127 128 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 129 Contractor: Developer: BEAN ELECTRICAL, INC. WILBOW-MORNINGSTAR DEVELOPMENT, CORP. �/�x B B: (Signature) (Signature) (Printed Name) ' (Printed Name) n in Title: S c Title: V I,�/ T !*d4k7l, Company Name Company name Address: 821 E. Enon Address: 4131 N. CENTRAL EXPRESSWAY SUITE 990, LOCKBOX 13 City/State/Zip: EVERMAN, TEXAS City/State/Zip: DALLAS, TEXAS 75204 76140 Date Date 130 i i I I CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:102117 Revised April 2, 2014 SPECIAL CONDITIONS TO THE AGREEMENT Notwithstanding any other items, conditions or provisions of the general or special conditions or any other provision of the Contract Documents to the contrary, Morningstar Ranch Municipal Utility District Nos. 1 and 2 ("District") and/or the City of Fort Worth ("City") when dictated by an applicable contract shall be deemed and considered as Owner for all purposes under the Contract Documents, except that WILBOW-MORNINGSTAR DEVELOPMENT, CORP. ("Developer") shall be considered the "Owner" for purposes of approving requests for and making payments to Contractor of all or any portion of the Contract Price and for paying all or any damages that might ever be due, including any costs associated with any change orders to the Contract. After submission to and approval by District and by Developer of the invoices, certificates and supporting documentation in connection with a request for payment, Contractor agrees to and shall look solely to Developer for payment of such invoices. Developer agrees to pay Contractor's invoices for work performed, subject to the terms of the Contract, in an aggregate amount not to exceed the Contract Price, plus change orders and extras approved by District and by Developer. Failure by Developer to make such payments to Contractor shall constitute a default by Owner and shall entitle Contractor to all rights and remedies arising under the Contract Documents for a default in payment of sums due Contractor pursuant to the Contract Documents; provided, however, District and/or City shall have no obligation for payment of sums due or to become due under the approved invoices or any part of the Contract Price. Neither the District nor the City is holding any security to guarantee payment for work performed on the Project. Developer reserves the right to assign its obligations hereunder to District and/or City subject to written acceptance thereof by District and/or City, respectively. A copy of any such assignment and the acceptance thereof shall be provided to Contractor, and thereafter assignee shall be obligated to make all payments thereafter becoming due to Contractor pursuant to this Contract and the obligations of the assignor contained in the first paragraph of these Special Conditions shall terminate. For purposes of convenient administration of this Contract, District may from time to time make payments due Contractor pursuant to this Contract from funds advanced to District by Developer; provided, however, no such payment by District will obligate District to make further payments due Contractor pursuant to this Contract unless and until District has accepted an assignment of Developer's obligations hereunder and a copy of the assignment and District's acceptance is delivered to Contractor, whereupon District shall become liable for payment to the extent of the assignment. If Developer breaches its obligations in any respect under the Contract, before exercising any remedy Contractor shall give written notice to District and City at the address below specifying the breach and the steps necessary to cure the breach and District shall have the right and power, within thirty (30) days after receipt of such notice, to cure or cause the breach to be cured, if it so elects, before Contractor exercises any of its remedies under the Contract. The undersigned CONTRACTOR does hereby release the City and District from any and all claims related to any failure of payment for work performed on the project by or through Contractor. The undersigned CONTRACTOR agrees, covenants and represents that it will include this Special Condi 'ons to greement in all of its subcontracts. On Behalf of Morningstar Ranch MUD Nos. 1 and 2 On Behalf of Contractor 006125-1 CERTIFICATE OF INSURANCE Page 1 of I i SECTION 00 6125 2 CERTIFICATE OF INSURANCE 3 4 INSERT CERTIFICATE OF INSURANCE DOCUMENTS 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION CITY OF FORT WORTH MORNINGSTAR - SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO: 102117 Revised July 1, 2011 Policy Number: CPP100048232 COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS AND PRODUCTS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE (OPTIONAL) Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the "coverage territory".) (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II —Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. Your work" performed for the additional insured and included in the "products -completed operations hazard" if such coverage is specifically required in the written contract or agreement. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 1 of 3 Copyright 2013 FCCI Insurance Group. COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) However, the insurance afforded to such additional insured(s) described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section Ili — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section IV— Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an "occurrence" or an offense which may result in a claim or "suit' under this insurance, and of any claim or "suit' that does result; 2. Send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or "suit' to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 2 of 3 Copyright 2013 FCCI Insurance Group. COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit". F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 3 of 3 Copyright 2013 FCC[ Insurance Group. Policy Number: CPP100048232 FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT TABLE OF CONTENTS DESCRIPTION Additional Insured Coverage ................................... BailBonds................................................................ Blanket Waiver of Subrogation ................................ Bodily Injury and Property Damage ......................... Care, Custody or Control ......................................... Contractors Errors and Omissions .......................... Contractual Liability (Personal & Advertising Injury) Electronic Data Liability ........................................... General Liability Conditions ..................................... Incidental Malpractice .............................................. Insured..................................................................... Limited Product Withdrawal Expense ...................... Limits of Insurance ................................................... Loss of Earnings...................................................... Newly Formed or Acquired Organizations ............... Non -Owned Watercraft ............................................ Property Damage Liability — Borrowed Equipment.. Tenant's Property and Premises Rented To You.... Voluntary Property Damage .................................... PAGE ...........................10 .............................9 ...........................16 ........I....................1 .............................3 .............................7 .............................2 .......I.....................1 ...........................14 ...........................10 ...........................10 .............................4 ...........................12 ...........................10 ...........................12 ............................1 ............................1 ............................9 ............................2 COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s) to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a., Expected or Intended Injury, is replaced with the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Non -owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability — Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for "property damage" to any one borrowed equipment item under this coverage is $25,000 per "occurrence". The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. The most we will pay under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is $10,000. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) We have no duty to investigate or defend claims or "suits" covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V — DEFINITIONS of the Coverage Form: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. For purposes of this Limited Electronic Data Liability coverage, the definition of "Property Damage" in SECTION V — DEFINITIONS of the Coverage Form is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For purposes of this insurance, "electronic data" is not tangible property. SECTION I — COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions — the Contractual Liability Exclusion is deleted. SECTION I — COVERAGES, the following coverages are added: COVERAGE D. VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request, for "property damage" caused by an "occurrence", to property of others caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) d. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; e. Property caused by or arising out of the "products -completed operations hazard"; f. Motor vehicles; g. "Your product" arising out of it or any part of it; or h. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" caused by an "occurrence", to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the "property damage" arises out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; d. Property caused by or arising out of the "products -completed operations hazard"; CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) e. Motor vehicles; f. "Your product" arising out of it or any part of it; or g. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. If you are a "seller", we will reimburse you for "product withdrawal expenses" associated with "your product" incurred because of a "product withdrawal" to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. a. This insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal' is necessary; or (2) An authorized government entity has ordered you to conduct a "product withdrawal'. c. We will reimburse only those "product withdrawal expenses" which are incurred and reported to us within one year of the date the "product withdrawal' was initiated. d. The initiation of a "product withdrawal" will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a "product withdrawal" This applies regardless of whether the determination to conduct a "product withdrawal' is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal; or CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (3) When a third party has initiated a "product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to participate in the "product withdrawal", whichever comes first. e. "Product withdrawal expenses" incurred to withdraw "your products" which contain: (1) The same "defect" will be deemed to have arisen out of the same "product withdrawal'; or (2) A different "defect" will be deemed to have arisen out of a separate "product withdrawal" if newly determined or ordered in accordance with paragraph 1.b of this coverage. 2. Exclusions This insurance does not apply to "product withdrawal" expenses" arising out of: a. Any "product withdrawal" initiated due to: (1) The failure of "your products" to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of "your product"; or (b) "Product tampering". (4) Expiration of the designated shelf life of "your product". b. A "product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part or prior to the time "your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under Coverage A - Bodily Injury And Property Damage Liability by endorsement. d. Recall of "your products" which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or "suit" against you for "product withdrawal expenses". 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A "Defect" Or A "Product Withdrawal" (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect" in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 5 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (a) How, when and where the "defect" was discovered; (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of "your product". (2) If a "product withdrawal" is initiated, you must: (a) Immediately record the specifics of the "product withdrawal" and the date it was initiated; (b) Send us written notice of the "product withdrawal' as soon as practicable; and (c) Not release, consign, ship or distribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must: (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the "product withdrawal'. 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. "Defect" means a defect, deficiency or inadequacy that creates a dangerous condition. b. "Product tampering" is an act of intentional alteration of "your product' which may cause or has caused "bodily injury" or physical injury to tangible property. When "product tampering" is known, suspected or threatened, a "product withdrawal" will not be limited to those batches of "your product' which are known or suspected to have been tampered with. c. "Product withdrawal' means the recall or withdrawal of "your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect' in "your product', or a known or suspected "product tampering", which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. d. 'Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a "product withdrawal": (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non -salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 6 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (7) Costs of warehouse or storage space; or (8) Costs of proper disposal of "your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but "product withdrawal expenses" does not include costs of the replacement, repair or redesign of "your product", or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller" means a person or organization that manufactures, sells or distributes goods or products. "Seller" does not include a "contractor" as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement If you are a "contractor", we will pay those sums that you become legally obligated to pay as damages because of "property damage" to "your product", "your work" or "impaired property", due to faulty workmanship, material or design, or products including consequential loss, to which this insurance applies. The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or "suits" covered by this Contractors Errors or Omissions coverage. This coverage applies only if the "property damage" occurs in the "coverage territory" during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments — Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. "Bodily injury" or "personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contractor project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates orjob costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 7 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied. g. Any liability arising from "property damage" to property owned by, rented or leased to the insured. h. Any liability incurred or "property damage" which occurs, in whole or in part, before you have completed "your work." "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. i. Any liability arising from "property damage" to products that are still in your physical possession. j. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. I. "Property damage" to property other than "your product," "your work" or "impaired property." m. Any liability arising from claims or "suits" where the right of action against the insured has been relinquished or waived. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 8 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) n. Any liability for "property damage" to "your work" if the damaged work or the workout of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G, the following definition is added to the Definitions section: a. "Contractor" means a person or organization engaged in activities of building, clearing, filing, excavating or improvement in the size, use or appearance of any structure or land. "Contractor" does not include a "seller" as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit", and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS — COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS — COVERAGES A, B, D, E, and G. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 9 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) 2. Loss of Earnings Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION 11— WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The "employee" has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the "bodily injury", "property damage" or "personal and advertising injury" for which the additional insured seeks coverage. However, the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g. through k. below; and CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 10 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (5) Nothing herein shall extend the term of this policy. g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) Any "occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. This insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". i. Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k. Vendor If the additional insured is a vendor, such vendor is an additional insured only with respect to "bodily injury" or "property damage" caused by "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded to the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in absence of the contract or agreement. (b) Any express warranty unauthorized by you; CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 11 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (c) Any physical or chemical change in "your product" made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Subparagraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III — LIMITS OF INSURANCE is amended as follows: 1. Paragraph 2. is replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard'; c. Damages under Coverage B; d. Voluntary "property damage" payments under Coverage D; and e. Care, Custody or Control damages under Coverage E. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 12 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) 2. Paragraph 5. is replaced with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C; c. Voluntary "property damage" payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; and f. Contractors Errors and Omissions under Coverage G. because of all "bodily injury" and "property damage" arising out of any one "occurrence". 3. Paragraph 6. is replaced with the following: 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the higher of $10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of "bodily injury' sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one "occurrence" is $1,500. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $3,000. 6. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for "property damage" arising out of any one "occurrence" is $1,000. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for "product withdrawal expenses" in any one -policy period, regardless of the number of insureds, "product withdrawals" initiated or number of "your products" withdrawn is $10,000. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 13 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one -policy period, regardless of the number of insureds, claims or "suits" brought, or persons or organizations making claim or bringing "suits" is $10,000. For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. Each "location" owned by or rented to you. "Location" as used in this paragraph means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 10. Paragraph 13. is added as follows: 13. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. This requirement applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager, if you are a limited liability company; CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 14 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) A person (other than an "employee") or an organization while acting as your real estate manager. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. 2. The following is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or Suit: The requirement in 2.b.applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not -for -profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an "employee") or an organization while acting as your real estate manager. 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an "occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence" to us as soon as you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. 4. Paragraph 6. is replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 15 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: However, we waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" included in the "products -completed operations hazard" under the following conditions: a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement; b) Only as to the person/entity as to whom you are required by the contract to waive rights of recovery; and c) Only if the contract or agreement is in effect during the term of this policy, and was executed by you prior to the loss. 6. Paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 16 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 AUTO FIRST CHOICE COVERAGE ENDORSEMENT TABLE OF CONTENTS DESCRIPTION Airbag Coverage.................................................................... Auto Loan/Lease Gap Coverage ........................................... Broad Form Insured............................................................... Concealment, Misrepresentation or Fraud ............................ Deductible.............................................................................. Duties in the Event of Accident, Claim, Suit or Loss ............. FellowEmployee................................................................... Fire Department Service Charge ........................................... Other Insurance for Hired Auto Physical Damage Coverage Lossof Earnings.................................................................... Loss of Use Expenses........................................................... Supplementary Payments ..................................................... Transfer of Rights of Recovery against Others to Us............ Transportation Expenses....................................................... PAGE .............. 3 .............. 3 .............. 1 .............. 4 .............. 3 .............. 4 .............. 2 .............. 2 .............. 4 .............. 2 .............. 2 .............. 2 .............. 4 .............. 2 Policy Number: CA100014717 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s) to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows. - SECTION II — COVERED AUTOS LIABILITY COVERAGE is amended as follows: A. Paragraph 1. Who Is An Insured in section A. Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section ll. g. Any "employee" of yours using: (1) a covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by an "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household CAU 058 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 4 Copyright 2015 FCCI Insurance Group. COMMERCIAL AUTO CAU 058 (01 15) h. Your members, if you area limited liability company, while using a covered "auto" you do not own, hire or borrow, while performing duties related to the conduct of your business or your personal affairs. B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted and replaced by the following.- (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" solely at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Paragraph 5. under section B. Exclusions is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of a fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees" that are officers or managers if the "bodily injury" results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $75 per day to a total maximum of $2,000 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". However, the most we will pay for any expenses for loss of use to any one vehicle is $75 per day, to a total maximum of $2,000. B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. CAU 058 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 4 Copyright 2015 FCCI Insurance Group. COMMERCIAL AUTO CAU 058 (01 15) d. Auto Loan/Lease Gap Coverage The following provisions apply: (1) If a long term leased "auto", under an original lease agreement, is a covered "auto" under this coverage form and the lessor of the covered "auto" is named as an additional insured under this policy, in the event of a total loss to the leased covered "auto", we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: (a) Overdue lease or loan payments including penalties, interest, or other charges resulting from overdue payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. (2) If an owned "auto" is a covered "auto" under this coverage form and the loss payee of the covered "auto' is named a loss payee under this policy, in the event of a total loss to the covered "auto", we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) Overdue loan payments at the time of the "loss"; (b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans. C. Paragraph 3. under section B. Exclusions is deleted and replaced by the following: 3. We will not pay for "loss" due and confirmed to: a. Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto'. However, this exclusion does not include the discharge of an airbag in a covered "auto' you own that inflates due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b and A.1.c.but only: a. If that "auto' is a covered "auto' for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of $1,000 for any one "loss". D. Section D. Deductible is deleted and replaced by the following: D. Deductible For each covered "auto', our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations subject to the following: Any Comprehensive Coverage deductible shown in the Declarations does not apply to: (1) "Loss" caused by fire or lightning; and (2) "Loss" arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system. CAU 058 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 4 Copyright 2015 FCCI Insurance Group. COMMERCIAL AUTO CAU 058 (01 15) (3) Glass damage to the side or rear windows if the glass is repaired rather than replaced. However, no deductible shall apply to damage to the windshield of any covered "auto" or to safety glass. SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss: This duty applies when the "accident", claim, "suit" or "loss" is first known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or (d) A member or manager, if you are a limited liability company. B. Condition 5. Transfer of Rights of Recovery against Others to Us under section A. Loss Conditions is deleted and replaced by the following: 5. Transfer of Rights of Recovery against Others to Us If a person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this coverage form. C. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General Conditions: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this coverage form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. D. Paragraph b. of Condition 5. Other Insurance under section B. General Conditions is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own; (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any "auto" you hire from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. CAU 058 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 4 Copyright 2015 FCCI Insurance Group. COMMERCIAL AUTOMOBILE CAU 082 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below. For the purpose of this endorsement, Section II.A.1. Who Is An Insured is amended by adding the following: 1. Any person or organization when you and such person have agreed in writing in a contract signed and executed by you prior to the loss for which coverage is sought, that such person or organization be added as an "insured" on your auto policy. Such person or organization shall be an "insured" to the extent your negligent actions or omissions impose liability on such "insured" without fault on its part. 2. This insurance is primary and non-contributory to other liability coverages of the person or organization being added to this policy as an "insured" when so required in a written contract or agreement that is executed prior to the loss for which coverage is sought. CAU 082 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 1 Copyright 2015 FCCI Insurance Group. Tex,�oMutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Agent copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. () Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 6/15/19 at 12:01 a.m. standard time, forms a part of: Policy no. 0001239148 of Texas Mutual Insurance Company effective on 6/15/19 Issued to: BEAN ELECTRICAL INC NCCI Carrier Code: 29939 This is not a bill Authorized representative 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 6/13/19 WC 42 03 04 B SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. 006213-1 PERFORMANCE BOND Page 1 of 3 1 SECTION 00 62 13 2 PERFORMANCE BOND #4428922 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, BEAN ELECTRICAL, INC., known as "Principal" herein and SURETEC 9 INSURANCE„ a corporate surety(sureties, if more than one) duly authorized to do business in 10 the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound 11 unto the Developer, WILBOW-MORNINGSTAR DEVELOPMENT, CORP., authorized to 12 do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 13 ("City"), in the penal sum of FORTY THREE THOUSAND SIX HUNDRED FIFTY 14 EIGHT DOLLARS AND SEVENTY FIVE CENTS, ($43,658.75), lawful money of the United 15 States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and 16 truly to be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our 17 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 18 presents. 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number: 19-0078; and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 23 the 7 day of tnPr- , 20_n, which Contract is hereby referred to and made a 24 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 25 and other accessories defined by law, in the prosecution of the Work, including any Change 26 Orders, as provided for in said Contract designated as MORNINGSTAR — SECTION 8, 27 PHASE 4. CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.102117 Revised January 31, 2012 0062 13 -2 PERFORMANCE BOND Page 2 of 3 1 NOW, THEREFORE, the condition of this obligation is such that if the said Principal I2 shall faithfully perform it obligations under the Contract and shall in all respects duly and 3 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 4 specifications, and contract documents therein referred to, and as well during any period of 5 extension of the Contract that may be granted on the part of the Developer and/or City, then this 6 obligation shall be and become null and void, otherwise to remain in full force and effect. 7 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 8 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 9 Worth Division. 10 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 11 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 12 accordance with the provisions of said statue. 13 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 14 this instrument by duly authorized agents and officers on this the ��� day of 3*60'T' 15 20—n 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AT ST: (Principal) e S7 4' ' ... //I'-- Name and Title Address: 821 E Enon Fort Worth, TX 76140 Johnny Moss, Attorney -in -Fact_ Name and Title Address: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 MORNINGSTAR — SFCTION 8, PHASE 4 CITY PROiEC T 1,10.102117 1 2 3 4 5 6 7 8 9 10 11 12 13 lvvh-� ew�_ Witness as to Surety Grant Edmondson, Account Manager 006213-3 PERFORMANCE BOND Page 3 of 3 2255 Ridge Rd., Ste. 333 Rockwall, TX 75087 Telephone Number: 972-772-7220 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 MORNINGSTAR — SECTION 8, PHASE 4 CITY PROJECT NO.102117 006214-1 PAYMENTBOND Page 1 of 3 1 SECTION 00 62 14 2 PAYMENT BOND #4428922 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, BEAN ELECTRICAL, INC. , known as "Principal" herein and SURETEC 8 INSURANCE, a corporate surety ( or sureties if more than one), duly authorized to do business 9 in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound 10 unto the Developer, WILBOW-MORNINGSTAR DEVELOPMENT, CORP., authorized to 11 do business in Texas "(Developer"), and the City of Fort Worth, a Texas municipal corporation 12 ("City"), in the penal sum of FORTY THREE THOUSAND SIX HUNDRED FIFTY EIGHT 13 DOLLARS AND SEVENTY FIVE CENTS, ($43,658.75), lawful money of the United States, 14 to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be 15 made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, 16 executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 17 WHEREAS, Developer and City have entered into an Agreement for the construction of 18 community facilities in the City of Fort Worth, by and through a Community Facilities 19 Agreement, CFA Number: 19-0078; and 20 WHEREAS, Principal has entered into a certain written Contract with Developer, 21 awarded the 151D day of SCE , 20 tot , which Contract is hereby 22 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 23 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 24 Work as provided for in said Contract and designated as MORNINGSTAR — SECTION 8, 25 PHASE 4. K01 27 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 28 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 29 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 30 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 31 force and effect. CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:102117 Revised January 31, 2012 006214-2 PAYMENTBOND Page 2 of 3 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the day of 6 :5 i , 20_M. 7 8 9 10 11 12 ATT ST: A�W----- (Principals Secretary Witness -'as ATTEST: N/A (Surety) Secretary aj&-,a4� Witness as to Surety Grant Edmondson, Account Manager PRINCIPAL: Bean Electrical, Inc. BY: ; �ign�ture Name and Title Address: 821 E Enon Fort Worth, TX 76140 SURETY: Johnny Moss, Attorney -in -Fact Name and Title Address: 2255 Ridge Rd., Ste. 333 Rockwall, TX 75087 _ Telephone Number: 972-772-7220 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:102117 Revised January 31, 2012 006214-3 PAYMENT BOND Page 3 of 3 The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:102117 Revised January 31, 2012 006219-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 62 19 2 MAINTENANCE BOND #4428922 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we BEAN ELECTRICAL, INC., known as "Principal" herein and SURETEC 9 INSURANCE, a corporate surety (sureties, if more than one) duly authorized to do business in 10 the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound 11 unto the Developer, 12 WILBOW-MORNINGSTAR DEVELOPMENT, CORP., authorized to do business in Texas 13 ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum of 14 FORTY THREE THOUSAND SIX HUNDRED FIFTY EIGHT DOLLARS AND 15 SEVENTY FIVE CENTS, ($43,658.75), lawful money of the United States, to be paid in Fort 16 Worth, Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the 17 Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, 18 executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 19 20 WHEREAS, Developer and City have entered into an Agreement for the construction of 21 community facilities in the City of Fort Worth by and through a Community Facilities 22 Agreement, CFA Number: 19-0078; and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer 24 awarded the_�T day of �CYJT , 20-, which Contract is 25 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 26 materials, equipment labor and other accessories as defined by law, in the prosecution of the 27 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 28 the "Work") as provided for in said Contract and designated as MORNINGSTAR — SECTION 29 8, PHASE 4 and 30 31 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 32 accordance with the plans, specifications and Contract Documents that the Work is and will 33 remain free from defects in materials or workmanship for and during the period of two (2) years 34 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised January 31, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 006219-2 MAINTENANCE BOND Page 2 of 3 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 MORNINGSTAR — SECTION 8, PHASE 4 CITY PROJECT NO.: 102117 006219-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the day of 3 5eK , 20_u� 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ATT SA , , / T: (Print al) e Witness as r incipal ATTEST: / 7-, 1 �(- - -- // -e Name and Title Address: 821 E Enon Fort Worth, TX 76140 SURETY: Iny Moss, Attorney -in -Fact Name and Title N/A Address: 2255 Ridge Rd., Ste. 333 a rety) Secretary Roc wa X 750 77 Witness as to Surety Telephone Number: 972-772-7220 Grant Edmondson, Account Manager *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 102117 Revised January 31, 2012 POA #: 4221049 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Tony Fierro, Jay Jordan, Johnny Moss, Steven W. Searcey, Robert J. Shuya, Mistie Beck, Jeremy Barnett, Robert G. Kanuth, Jade Porter, Jennifer Cisneros, Jarrett Willson, Jack Nottingham its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2V-' of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 27th day of August , A.D. 2018 . SURETEC "CEPANY `�SVRANCF QJ By: w w ys John K Jr., C (. 5 12 ? State of Texas ss: 9s 1 Y County of Harris -' On this 27th day of August , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal. of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. N% NJotary Public, a,�lFe of Texas =N,;�: • � Cornn. F.xiiiias C9-t0-?.0?0 .. ,. !Jotary iL') 129117059 Xer ' avez, Notary Public ,_ commission expires September 1 , 2020 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of 5 2 , A.D. f- Brit Y. Assi tant Secrets Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm 'UST. EJC,,D;C",,,;,T ENGINEERS JOINT T ONTR T DOCUMENTS COMMITTEE License Agreement Before you use this EJCDC document: 1. Read this License Agreement in its entirety. 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This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by , ENGINEERS jOINT CONTRACT DOCUMEN'I'S COMMITTEE Issued and Published Jointly by National Society of Professional" Engineers@ Endorsed by EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. These General Conditions have been prepared for use with the Agreement Between Owner and Contractor for Construction Contract (EJCDC® C-520, Stipulated Sum, or C-525, Cost -Plus, 2013 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC's Guide to the Preparation of Supplementary Conditions (EJCDC° C-800, 2013 Edition). The full EJCDC Construction series of documents is discussed in the Commentary on the 2013 EJCDC Construction Documents (EJCDC° C-001, 2013 Edition). Copyright © 2013: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe,org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.or� American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.eicdc.org, or from any of the sponsoring organizations above. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology......................................................................................... 1 1.01 Defined Terms....................................................................................................................... 1 1.02 Terminology...........................................................................................................................5 Article 2 — Preliminary Matters....................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance....................................................................... 6 2.02 Copies of Documents ......................................... .................................................. I................. 6 2.03 Before Starting Construction................................................................................................. 6 2.04 Preconstruction Conference; Designation of Authorized Representatives ........................... 7 2.05 Initial Acceptance of Schedules............................................................................................. 7 2.06 Electronic Transmittals..........................................................................................................7 Article 3 — Documents: Intent, Requirements, Reuse.................................................................... 8 3.01 Intent..................................................................................................................................... 8 3.02 Reference Standards.............................................................................................................. 8 3.03 Reporting and Resolving Discrepancies................................................................................. 8 3.04 Requirements of the Contract Documents............................................................................ 9 3.05 Reuse of Documents............................................................................................................ 10 Article 4 — Commencement and Progress of the Work................................................................ 10 4.01 Commencement of Contract Times; Notice to Proceed ...................................................... 10 4.02 Starting the Work................................................................................................................ 10 4.03 Reference Points.................................................................................................................. 10 4.04 Progress Schedule................................................................................................................ 10 4.05 Delays in Contractor's Progress........................................................................................... 11 Article 5 —Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions..................................................................................................................................... 12 5.01 Avai►ability of Lands............................................................................................................. 12 5.02 Use of Site and Other Areas................................................................................................ 12 5.03 Subsurface and Physical Conditions.................................................................................... 13 5.04 Differing Subsurface or Physical Conditions........................................................................ 14 5.05 Underground Facilities........................................................................................................ 15 EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i 5.06 Hazardous Environmental Conditions at Site...................................................................... 17 Article 6 — Bonds and Insurance................................................................................................... 19 6.01 Performance, Payment, and Other Bonds........................................................................... 19 6.02 Insurance —General Provisions............................................................................................ 19 6.03 Contractor's Insurance........................................................................................................ 20 6.04 Owner's Liability Insurance.................................................................................................. 23 6.05 Property Insurance.............................................................................................................. 23 6.06 Waiver of Rights................................................................................................................... 25 6.07 Receipt and Application of Property Insurance Proceeds ................................................... 25 Article 7 — Contractor's Responsibilities....................................................................................... 26 7.01 Supervision and Superintendence....................................................................................... 26 7.02 Labor; Working Hours.......................................................................................................... 26 7.03 Services, Materials, and Equipment.................................................................................... 26 7.04 "Or Equals".......................................................................................................................... 27 7.05 Substitutes...........................................................................................................................28 7.06 Concerning Subcontractors, Suppliers, and Others............................................................. 29 7.07 Patent Fees and Royalties.................................................................................................... 31 7.08 Permits.................................................................................................................................31 7.09 Taxes....................................................................................................................................32 7.10 Laws and Regulations.......................................................................................................... 32 7.11 Record Documents.............................................................................................................. 32 7.12 Safety and Protection.......................................................................................................... 32 7.13 Safety Representative.......................................................................................................... 33 7.14 Hazard Communication Programs....................................................................................... 33 7.15 Emergencies.........................................................................................................................34 7.16 Shop Drawings, Samples, and Other Submittals................................................................. 34 7.17 Contractor's General Warranty and Guarantee.................................................................. 36 7.18 Indemnification.................................................................................................................... 37 7.19 Delegation of Professional Design Services......................................................................... 37 Article 8 — Other Work at the Site................................................................................................ 38 8.01 Other Work.......................................................................................................................... 38 8.02 Coordination........................................................................................................................39 8.03 Legal Relationships.............................................................................................................. 39 EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii Article 9 — Owner's Responsibilities.............................................................................................. 40 9.01 Communications to Contractor........................................................................................... 40 9.02 Replacement of Engineer.................................................................................................... 40 9.03 Furnish Data......................................................................................................................... 40 9.04 Pay When Due..................................................................................................................... 40 9.05 Lands and Easements; Reports, Tests, and Drawings.......................................................... 40 9.06 Insurance............................................................................................................................. 40 9.07 Change Orders..................................................................................................................... 40 9.08 Inspections, Tests, and Approvals....................................................................................... 41 9.09 Limitations on Owner's Responsibilities.............................................................................. 41 9.10 Undisclosed Hazardous Environmental Condition.............................................................. 41 9.11 Evidence of Financial Arrangements................................................................................... 41 9.12 Safety Programs................................................................................................................... 41 Article 10 — Engineer's Status During Construction...................................................................... 41 10.01 Owner's Representative...................................................................................................... 41 10.02 Visits to Site......................................................................................................................... 41 10.03 Project Representative........................................................................................................ 42 10.04 Rejecting Defective Work.................................................................................................... 42 10.05 Shop Drawings, Change Orders and Payments................................................................... 42 10.06 Determinations for Unit Price Work.................................................................................... 42 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work ................ 42 10.08 Limitations on Engineer's Authority and Responsibilities................................................... 42 10.09 Compliance with Safety Program........................................................................................ 43 Article 11—Amending the Contract Documents; Changes in the Work ...................................... 43 11.01 Amending and Supplementing Contract Documents.......................................................... 43 11.02 Owner -Authorized Changes in the Work............................................................................. 44 11.03 Unauthorized Changes in the Work.................................................................................... 44 11.04 Change of Contract Price..................................................................................................... 44 11.05 Change of Contract Times................................................................................................... 45 11.06 Change Proposals................................................................................................................ 45 11.07 Execution of Change Orders................................................................................................ 46 11.08 Notification to Surety.......................................................................................................... 47 Article12 —Claims ......................................................................................................................... 47 E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iii 12.01 Claims...................................................................................................................................47 Article 13 — Cost of the Work; Allowances; Unit Price Work ........................................................ 48 13.01 Cost of the Work.................................................................................................................. 48 13.02 Allowances...........................................................................................................................50 13.03 Unit Price Work.................................................................................................................... 51 Article 14 —Tests and Inspections; Correction, Removal or Acceptance of Defective Work....... 52 14.01 Access to Work.................................................................................................................... 52 14.02 Tests, Inspections, and Approvals....................................................................................... 52 14.03 Defective Work.................................................................................................................... 53 14.04 Acceptance of Defective Work............................................................................................ 53 14.05 Uncovering Work................................................................................................................. 53 14.06 Owner May Stop the Work.................................................................................................. 54 14.07 Owner May Correct Defective Work................................................................................... 54 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period .......................... 55 15.01 Progress Payments.............................................................................................................. 55 15.02 Contractor's Warranty of Title............................................................................................. 58 15.03 Substantial Completion....................................................................................................... 58 15.04 Partial Use or Occupancy..................................................................................................... 59 15.05 Final Inspection....................................................................................................................59 15.06 Final Payment...................................................................................................................... 59 15.07 Waiver of Claims.................................................................................................................. 61 15.08 Correction Period................................................................................................................. 61 Article 16 —Suspension of Work and Termination....................................................................... 62 16.01 Owner May Suspend Work.................................................................................................. 62 16.02 Owner May Terminate for Cause........................................................................................ 62 16.03 Owner May Terminate For Convenience............................................................................. 63 16.04 Contractor May Stop Work or Terminate............................................................................ 63 Article 17 — Final Resolution of Disputes...................................................................................... 64 17.01 Methods and Procedures.................................................................................................... 64 Article 18 — Miscellaneous............................................................................................................ 64 18.01 Giving Notice........................................................................................................................ 64 18.02 Computation of Times......................................................................................................... 64 18.03 Cumulative Remedies.......................................................................................................... 64 EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iv 18.04 Limitation of Damages......................................................................................................... 65 18.05 No Waiver............................................................................................................................ 65 18.06 Survival of Obligations......................................................................................................... 65 18.07 Controlling Law.................................................................................................................... 65 18.08 Headings.............................................................................................................................. 65 EJCDC® C-700 (Rev. 1), Standard General Conditions ofthe Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page v ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below. 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, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 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. Bid —The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder —An individual or entity that submits a Bid to Owner. 6. Bidding Documents —The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order —A document 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, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal —A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim —(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer's decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 65 has declined to address. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern —Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract —The entire and integrated written contract between the Owner and Contractor concerning the Work. 13. Contract Documents —Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price —The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. . 15. Contract Times —The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor —The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work —See Paragraph 13.01 for definition. 18. Drawings —The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract —The date, indicated in the Agreement, on which the Contract becomes effective. 20. Engineer —The individual or entity named as such in the Agreement. 21. Field Order —A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 22. Hazardous Environmental Condition —The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 23. Laws and Regulations, Laws or Regulations —Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 65 24. Liens —Charges, security interests, or encumbrances upon Contract -related funds, real property, or personal property. 25. Milestone —A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 26. Notice of Award —The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 27. Notice to Proceed —A written notice 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. 28. Owner —The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 29. 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. 30. Project —The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. 31. Project Manual —The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes. 32. Resident Project Representative —The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative. 33. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 34. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer's review of the submittals and the performance of related construction activities. 35. 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. 36. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 65 37. 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, and such other lands furnished by Owner which are designated for the use of Contractor. 38. Specifications —The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 39. 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. 40. 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. 41. Successful Bidder —The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions. 42. Supplementary Conditions —The part of the Contract that amends or supplements these General Conditions. 43. 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 a Subcontractor. 44. Technical Data —Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06. 45. 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, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work —Work to be paid for on the basis of unit prices. 47. 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; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 65 48. Work Change Directive —A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in the following paragraphs 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 Article 10 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 15.03 or 15.04). 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. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 65 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. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words "furnish," "install," "perform," or "provide," then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. 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. Bonds: 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 Contractor's Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6. C. Evidence of Owner's Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner sha►I furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), 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; 2. a preliminary Schedule of Submittals; and E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 65 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. 2.04 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 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, 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 and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 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 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of 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 the component parts of the Work. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project -related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 65 computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 3 — DOCUMENTS: INTENT, REQUIREMENTS, 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. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, 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, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract 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, reference standard, 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 part of the Contract Documents prepared by or for Engineer. 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 part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 65 error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 2. Contractor's Review of Contract Documents: If, before or 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) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) 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 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 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 part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); 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 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer's written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 65 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers 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 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; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner's express written consent, or violate any copyrights pertaining to such Contract Documents. 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. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK 4.01 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 Contract 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 Contract. 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 Contract, whichever date is earlier. 4.02 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 such date. 4.03 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. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 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 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 65 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. B. 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, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor's Progress A. If Owner, Engineer, 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 Times and Contract Price. 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. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. 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. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and 4. acts of war or terrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5. E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 65 G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event. ARTICLES —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 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. 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 permanent improvements are to be made 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. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor's operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, 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 any such claim, and against all 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 by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 12 of 65 by, or based upon, Contractor's performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent 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 and adjacent areas 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 of 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 structures or land to stresses or pressures that will endanger them. 5.03 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 adjacent to the Site; 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on 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 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 65 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site 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 5.03 is materially inaccurate; or 2. is of such a nature as to require a change in the Drawings or Specifications; 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 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer's Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner's obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. C. Owner's Statement to Contractor Regarding Site Condition: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations, in whole or in pa rt. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, 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 fall within any one or more of the categories described in Paragraph 5.04.A; 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 Paragraph 13.03; and, EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 65 c. 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. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a 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 otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such commitment; or c. Contractor failed to give the written notice as required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition in question. 5.05 Underground Facilities A. Contractor's Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent 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 do not warrant or guarantee 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 information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 65 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 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer's Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner's Statement to Contractor Regarding Underground Facility: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations in whole or in part. E. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question; 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 Paragraph 13.03; c. 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; and d. Contractor gave the notice required in Paragraph 5.05.13. 2. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 65 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on 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. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) 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 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 65 F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. 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, then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. H. 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, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. 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 (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1 shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 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 failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 65 ARTICLE 6 — BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, 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. 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 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond 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 the accompanying bond. C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then 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 bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16. F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. 6.02 Insurance —General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 65 maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self -insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self -insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party's full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party's obligation to obtain and maintain such insurance. F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, 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. G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner's termination rights under Article 16. H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. I. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests. J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner and other individuals and entities in the Contract. 6.03 Contractor's Insurance A. Workers' Compensation: Contractor shall purchase and maintain workers' compensation and employer's liability insurance for: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees (by stop -gap endorsement in monopolist worker's compensation states). EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 65 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability —Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees. 2. claims for damages insured by reasonably available personal injury liability coverage. 3. 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. C. Commercial General Liability —Form and Content: Contractor's commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor's contractual indemnity obligations in Paragraph 7.18. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 2010 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, "Additional Insured —Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against 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. The automobile liability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry -standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor's pollution liability insurance: Contractor shall purchase and maintain a policy covering third -party injury and property damage claims, including clean-up costs, as a result EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 65 of pollution conditions arising from Contractor's operations and completed operations. This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor's commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; 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 (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. H. Contractor's professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor. General provisions: The policies of insurance required by this Paragraph 6.03 shall: 1. include at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy. 4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. be appropriate for the Work being performed and provide protection from claims that 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. J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 65 6.04 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, 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. B. Owner's liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner's liability policies for any of Contractor's obligations to the Owner, Engineer, or third parties. 6.05 Property Insurance A. Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder's risk insurance upon the Work on a completed value basis, in the amount of the full insurable 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 Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder's risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as "insureds." 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; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; 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. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner -furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 65 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder's risk insurance. 8. allow for the waiver of the insurer's subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co-insurance clause. 11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance/hot testing and start-up. 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured. C. Deductibles: The purchaser of any required builder's risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder's risk policy, or through Contractor) will provide notice of such occupancy or use to the builder's risk insurer. The builder's risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder's risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder's risk insurance. E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder's risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor's expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount. EJCDC® C-700 (Rev. 1), Standard General Conditions ofthe Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 65 6.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder's risk policy, 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 insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the 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 Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, 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 or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15,03, or after final payment pursuant to Paragraph 15.06. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.E 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, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, 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 builder's risk insurance and any other property insurance applicable to the Work. 6.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 65 policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder's risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed. ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES 7.01 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. 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. 7.02 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, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner's written consent, which will not be unreasonably withheld. 7.03 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, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 65 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. 7.04 "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 Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item 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 is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below. 1. If Engineer in its sole discretion determines that 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, Engineer shall deem it an "or equal" item. For the purposes of this paragraph, 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; 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; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to Owner. 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. B. Contractor's Expense: Contractor shall provide all data in support of any proposed "or equal" item at Contractor's expense. C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each "or -equal" request. Engineer may require Contractor to furnish additional data about the proposed "or -equal" item. Engineer will be the sole judge of acceptability. No "or -equal" item will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or -equal", which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 65 D. Effect of Engineer's Determination: Neither approval nor denial of an "or -equal" request shall result in any change in Contract Price. The Engineer's denial of an "or -equal" request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. 7.05 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.13, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. 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: a. shall certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design, 2) be similar in substance to that specified, and 3) be suited to the same use as that specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times, 2) 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 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from that specified, and EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 65 2) available engineering, sales, maintenance, repair, and replacement services d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. 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. E. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute at Contractor's expense. F. Effect of Engineer's Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer's denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. 7.06 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor's Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 65 E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement. G. 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 the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete ►ist of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. 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. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work. K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. 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. M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifical►y binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 65 O. 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 money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 7.07 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. 7.08 Permits A. Unless otherwise provided in the Contract Documents, 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 the submission of Contractor's Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 65 7.09 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. 7.10 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, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and 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 such Work or other action. It shall not be Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor's Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.12 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; EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 65 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, other work in progress, 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 Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. 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 7.12.A.2 or 7.12.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 at its expense (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 protection 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 15.06.E that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). & Contractor's duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.13 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. 7.14 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 EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 65 exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 7.16 Shop Drawings, Samples, and Other Submittals A. Shop Drawing and Sample Submittal Requirements: 1. Before submitting a Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated the 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 and equipment 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. 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 of that submittal, and that Contractor approves the 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 set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Contractor shall submit the number of copies required in the Specifications. 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 EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 65 provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D. 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall 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 7.16.D. 3. 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. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. 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 or to safety precautions or programs incident thereto. 3. Engineer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer's review and approval of a Shop Drawing or Sample 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 7.16.A.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 will document any such approved variation from the requirements of the Contract Documents in a Field Order. 5. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. Engineer's review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer's receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 65 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4. 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. 2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer's charges to Owner for such time. Owner may impose a set- off against payments due to Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer's charges to Owner for its review time, and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 7.17 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 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; 6. the issuance of a notice of acceptability by Engineer; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by Owner. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 65 D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor's performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, 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. 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 7.18,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 7.18.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. 7.19 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. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations. 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, and other submittals prepared by such professional. Shop EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 37 of 65 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, 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 7.16.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer. ARTICLE 8 — OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner's employees, or through contracts between the Owner and third parties. Owner may also arrange to have third -party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner's employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. 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. D. ►f the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 8, 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. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 65 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. an itemization of the specific matters to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner's employees, any other contractor working for Owner, or any utility owner for whom the Owner is responsible causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor's rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. 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. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Contractor, and assign to such other contractor or utility owner the Owner's contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner's employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor's failure to take reasonable and customary measures with respect to Owner's other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39 of 65 D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) 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 any such claims, and against all 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 damage, delay, disruption, or interference. ARTICLE 9 — OWNER'S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer's status under the Contract Documents shall be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner's duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner's responsibilities with respect to Change Orders are set forth in Article 11. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 65 9.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 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. 9.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 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 (including obligations under proposed changes in the Work). 9.12 Safety Programs 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. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10— ENGINEER'S STATUS DURING CONSTRUCTION 10.01 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. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 41 of 65 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. 10.03 Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. 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. 10.04 Rejecting Defective Work A. Engineer has the authority to reject Work in accordance with Article 14. 10.05 Shop Drawings, Change Orders and Payments A. Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16. B. 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, are set forth in Paragraph 7.19. C. Engineer's authority as to Change Orders is set forth in Article 11. D. Engineer's authority as to Applications for Payment is set forth in Article 15. 10.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.08 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 65 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 15.06.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 10.08 sha►I also apply to the Resident Project Representative, if any. 10.09 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives will comply with the specific applicable requirements of Owner's and Contractor's safety programs (if any) of which Engineer has been informed. ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. 1. Change Orders: a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. 2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive's effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 65 adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive, 3. Field Orders: Engineer may authorize minor changes in the Work if the changes 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. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.02 Owner -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. Such changes shall be supported by Engineer's recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.03 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, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 11.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. 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, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 65 the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 11.04.C). C. Contractor's Fee: When applicable, 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 13.01.13.1 and 13.01.6.2, the Contractor's fee shall be 15 percent; b, for costs incurred under Paragraph 13.01.B.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 11.04.C.2.a and 11.04.C.2.b is that the Contractor's fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; 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 11.04.C.2.a through 11.04.C.2.e, inclusive. 11.05 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor's progress. 11.06 Change Proposals A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set-off against payment due; or seek other relief under EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 65 the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. 1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. 2. Engineer's Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. if Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer's inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 3. Binding Decision: Engineer's decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. 11.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. 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; 2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off, 3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner's acceptance of defective Work under Paragraph 14.04 or Owner's correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer's recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 65 B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 11.08 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. ARTICLE 12 — CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor's knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 65 submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator's fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost -plus -fee, time -and -materials, or other cost -based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work 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 13.01.C, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 65 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 13.01. 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 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 6.05), provided such losses and damages have resulted from causes EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 49 of 65 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 communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. 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 13.01.13.1 or specifically covered by Paragraph 13.01.13.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.13. D. Contractor's Fee: When the Work as a whole 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, Change Proposal, Claim, set-off, or other 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 11.04.C. E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, 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. 13.02 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. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 65 B. Cash Allowances: Contractor agrees that: 1. 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 2. 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: 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. 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. 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. Payments to Contractor for Unit Price Work will be based on actual quantities. 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. 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 the following paragraph. E. Within 30 days of Engineer's written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price 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; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 65 ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction 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. 14.02 Tests, Inspections, and Approvols A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. 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, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. 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. Such uncovering shall be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 65 cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not defective. B. Engineer's Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer's confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages 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. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 53 of 65 B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer's observation, and then replace the covering, all at Contractor's expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then 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, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages 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 pending Contractor's full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2. 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, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 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, then 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. 14.07 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, 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, then 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 14.07, 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, 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 incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set- offs against payments due under Article 15. Such claims, costs, losses and damages will EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54 of 65 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 14.07. ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 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 during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost -based Work will be based on Cost of the Work completed by Contractor during the pay period. B. 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 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, a warehouse bond, 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. C. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, 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: EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 55 of 65 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 13.03, 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 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; 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 money 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 15.01.C.2. 6. Engineer will recommend reductions in payment (set -offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; C. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56 of 65 e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended (subject to any Owner set -offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set -offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. claims have been made against Owner on account of Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; C. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. 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; I. there are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of 65 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, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 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 15.01.C.1 and subject to interest as provided in the Agreement. 15.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 15.03 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 and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. 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 preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner's objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner's use or occupancy of the Work following Substantial Completion, review the builder's risk insurance policy with respect to the end of the builder's risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner's use or occupancy of the Work. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 58 of 65 E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. 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 punch list. 15.04 Partial Use or Occupancy 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. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be 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 15.03.A through E for that part of the Work. 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work 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 15.03 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. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder's risk or other property insurance. 15.05 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, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 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 E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59 of 65 inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) 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, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set -offs against payment that are necessary in Engineer's opinion to protect Owner from loss for the reasons stated above with respect to progress payments. 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 15.07. 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. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer's written recommendation of final payment. D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer's recommendation, EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60 of 65 including but not limited to set -offs for liquidated damages and set -offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor. 15.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor's failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor's continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 15.08 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 Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; 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 to 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. 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 repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). 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, 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. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61 of 65 E. Contractor's obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION 16.01 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 written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and 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); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor's repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, 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 complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.13 if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.6, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 62 of 65 and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. 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, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.13 and 16.02.D. 16.03 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; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. 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 are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for E)CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 63 of 65 expenses or damage directly attributable to Contractor's stopping the Work as permitted by this paragraph. ARTICLE 17 — FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18 — MISCELLANEOUS 18.01 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, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice. 18.02 Computation of Times A. When any period of time is referred to in the Contract 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. 18.03 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. 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. EJCDC® C-700 (Rev. 1), Standard General Conditions ofthe Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 64 of 65 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions, EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6S of 65 007300-1 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 1 of 24 Section 00 73 00 Supplemental Conditions to the Standard General Conditions of the Construction Contract Table of Contents ARTICLE 1-DEFINITIONS AND TERMINOLOGY...................................................................................................3 SC1.01 Defined Terms................................................................................................................................3 SC1.02 Terminology....................................................................................................................................3 ARTICLE 2-PRELIMINARY MATTERS..................................................................................................................4 SC2.02 Copies of Documents.......................................................................................................................4 SC 2.03 Before Starting Construction.............................................................................................................4 ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK.........................................................................4 SC 4.01 Commencement of Contract Times; Notice to Proceed........................................................................4 SC4.02 Starting the Work............................................................................................................................4 SC4.03 Reference Points............................................................................................................................. 5 ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS...................................................................................................................... 6 SC 5.03 Subsurface and Physical Conditions.................................................................................................. 6 SC 5.06 Hazardous Environmental Conditions................................................................................................ 6 ARTICLE 6-BONDS AND INSURANCE................................................................................................................ 7 SC 6.01 Performance, Payment, and Other Bonds......................................................................................... 7 SC 6.02 Insurance -General Provisions..................................................................................................... 8 SC 6.03 Contractor's Insurance.................................................................................................................... 8 ARTICLE 7— CONTRACTOR'S RESPONSIBILITIES............................................................................................13 SC 7.01 Supervision and Superintendence...................................................................................................13 SC7.02 Labor; Working Hours....................................................................................................................14 SC 7.06 Concerning Subcontractors, Suppliers, and Others............................................................................16 SC7.09 Taxes...........................................................................................................................................16 SC7.12 Safety and Protection....................................................................................................................17 SC 7.16 Shop Drawing, Samples, and Other Submittals.................................................................................18 SC 7.17 Contractor's General Warranty and Guarantee.................................................................................18 MORINGSTAR — SECTION 8 PHASE 4 Project No.102117 007300-2 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 2 of 24 SC7.18 Indemnification.............................................................................................................................. 18 SC 7.19 Delegation of Professional Design Services....................................................................................... 21 ARTICLE 13-COST OF WORK; ALLOWANCES; UNIT PRICE WORK....................................................................... 22 SC13.01 Cost of Work................................................................................................................................ 22 LIST OF TABLES Table1: Additional Insureds.................................................................................................................... 11 Table2: Prevailing Wage Rates.................................................................................................................14 Table 3: Additional Indemnified Parties.................................................................................................... 20 MORINGSTAR — SECTION 8 PHASE 4 Project No.102117 007300-3 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 3 of 24 Section 00 73 00 Supplemental Conditions to the Standard General Conditions of the Construction Contract These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC® C-700 (2013 Edition). All provisions that are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE 1 - .DEFINITIONS AND TERMINOLOGY SC 1.01 Defined Terms SC 1.01.A Add the following new paragraphs immediately after Paragraph 1.01.A.48: 49. "Construction Manager" shall mean the person designated by Owner, who shall be the Owner's agent for making decisions or giving approvals at the Project Site which may be necessary or prudent for the smooth flow of the Work. All notices required to be given by Contractor to Owner in this Contract shall be deemed properly delivered to Owner when delivered to Construction Manager and Contractor shall be entitled to rely on Construction Manager's instruction and approvals. Owner shall have the right to change the Construction Manager at any time. 50. "Developer" shall mean An individual or entity that desires to make certain improvements within the City of Fort Worth. 51. "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. SC 1.02 Terminology SC 1.02.C. Delete Paragraph 1.02.C. in its entirety and insert the following in its place: MORINGSTAR — SECTION 8 PHASE 4 Project No.102117 00 73 00 - 4 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 4 of 24 C. Day. The word "Day" means "Calendar Day." Calendar Day is defined as any day indicated on the calendar, for any given year, including Saturdays and Sundays. A "Calendar Day" is further defined as every day of the year, excluding the following recognized legal Holidays; New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Friday following, Christmas Eve and Christmas Day. ARTICLE 2-PRELIMINARY MATTERS SC 2.02 Copies of Documents SC-2.02.A Amend the first sentence of Paragraph 2.02.A. to read as follows: Owner shall furnish to Contractor two (2) copies of the Contract Documents (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). SC 2.03 Before Starting Construction SC 2.03.A.1 Delete Paragraph 2.03.A.1. in its entirety and insert the following in its place: 1. A preliminary progress schedule shall detail all phases of construction, including project clean up, and allow the contractor to complete the work in the allotted time. Contract time will start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. ARTICLE 4-COMMENCEMENT AND PROGRESS OF THE WORK SC 4.01 Commencement of Contract Times; Notice to Proceed SC 4.01.A Delete Paragraph 4.01.A. in its entirety and insert the following in its place: A. Upon execution of contract documents by the owner, a written Notice to Proceed will be issued by Engineer. No work will be authorized to be done by the Contractor until the Notice to Proceed is received and any work done will be the sole responsibility of the Contractor. SC 4.02 Starting the Work SC 4.02.A Delete Paragraph 4.02.A. in its entirety and insert the following in its place: MORINGSTAR — SECTION 8 PHASE 4 Project No.102117 007300-5 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 5 of 24 A. The Contractor shall commence work within ten (10) calendar days after the date of written notice. SC 4.03 Reference Points SC 4.03.A Delete Paragraph 4.03.A. in its entirety and insert the following in its place: A. A one-time survey staking shall be provided by the Engineer, which will include the following: 1. Set initial construction control. 2. Stake and grade both sides of right-of-way of roadways at 100' stations or at lot corners for excavation/fill operations. 3. Stake and grade building pad areas (front & rear). 4. Perform verification of street, alley, and pad grades prior to utility work. 5. Stake with offsets storm drains, inlets and headwalls. Set hubs for construction of tops/inverts 6. Stake sanitary sewer alignment with flowline elevations at 50'intervals. Set hubs for construction of manhole tops. 7. Stake lot corners of street right-of-ways for sanitary sewer laterals and water services. 8. Stake lot corners right-of-way for water mains with fire hydrant locations and grades. Where water main is non -concentric to right-of-way, stake centerline of water mains at 50' intervals. 9. Perform verification of utility contractors re- grading of streets after utility installation. 10. Stake and grade with an offset back of curb/edge of pavement at 50' intervals. 11. Stake lot corners for franchise utility construction. 12. Stake and grade retaining walls. 13. Final set all lot corners after final construction as required by final plat. MORINGSTAR — SECTION 8 PHASE 4 Project No.102117 007300-6 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 6 of 24 14. Verify completed final graded building pad elevations. SC 4.03 Add the following paragraph after 4.03.A: B. The Contractor shall notify the Engineer seven (7) days prior to start-up so as to allow the Engineer to set his control and provide stakes for construction. The Contractor shall notify the Engineer, in writing, at least SEVENTY-TWO (72) hours in advance of the date when specific staking services are desired, giving the specific location and/or limiting stations. The Engineer shall be notified of any change of sequence of schedule which is established in the pre -construction meeting. ARTICLE 5— AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC 5.06 Hazardous Environmental Conditions SC 5.06 Delete Paragraphs 5.06.A and 5.06.E in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. ARTICLE 6-BONDS AND INSURANCE SC 6.OIPerformance, Payment, and Other Bonds SC 6.01.A Delete paragraph 6.01.A in its entirety and insert the following in its place: 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 for the bid proposal form as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. SC 6.01.11) Delete paragraph 6.01.D in its entirety and insert the following in its place: 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 6.01.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 6.01.0 and SC 6.01.I. MORINGSTAR — SECTION 8 PHASE 4 Project No.102117 007300-7 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 7 of 24 SC 6.01 Add the following paragraphs after 6.01.F: G. Contractor shall furnish maintenance bonds in the name of the 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. H. 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 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects and Supplemental Conditions. SC 6.02 Insurance -General Provisions SC 6.02.A Add the following language at the end of Paragraph 6.02.A: and Article 4 in the Standard City Conditions of The Construction Contract For Developer Awarded Projects (Section 00 73 10). SC 6.02.E Delete the following paragraph and insert the following in its place: B. All 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 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects (Section 00 73 10) and Supplemental Conditions. SC 6.02.1) Delete the following paragraph and insert the following in its place: D. Not Used SC 6.02.E Delete the following paragraph and insert the following in its place: F. Not Used SC 6.03 Contractor's Insurance MORINGSTAR — SECTION 8 PHASE 4 Project No.102117 007300-8 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 8 of 24 SC 6.03.A Delete paragraph 6.03.A in its entirety and insert the following in its place: 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 L $100,000 each accident/occurrence ii. $100,000 Disease - each employee iii. $500,000 Disease - policy limit SC 6.03.113 Delete paragraph 6.03.113 in its entirety and insert the following in its place: 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 MORINGSTAR — SECTION 8 PHASE 4 Project No.102117 007300-9 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 9 of 24 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. SC 6.03.0 Delete paragraph 6.03.0 in its entirety and insert the following in its place: C. Not Used SC 6.03.1) Delete paragraph 6.03.1) in its entirety and insert the following in its place: D. 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. L $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: ii. $250,000 Bodily Injury per person iii. $500,000 Bodily Injury per accident iv. $100,000 Property Damage SC 6.03.E Delete paragraph 6.03.E in its entirety and insert the following in its place: E. Not Used MORINGSTAR — SECTION 8 PHASE 4 Project No.102117 007300-10 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 10 of 24 SC 6.03.E Delete paragraph 6.03.E in its entirety and insert the following in its place: F. Not Used SC 6.03.G Add the following language at the end of Paragraph 6.03.G. The entities listed in Table 1: Additional Insureds are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. Table 1: Additional Insureds 1. City 2. FG Aledo Development, LLC 3. Morningstar Ranch Municipal Utility District Nos. 1 and 2 SC 6.03.1 Delete paragraph 6.03.1 in its entirety and insert the following in its place: I. 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. 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. 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. MORINGSTAR — SECTION e PHASE 4 Project No.102117 007300-11 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 11 of 24 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 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. MORINGSTAR — SECTION 8 PHASE 4 Project No.102117 007300-12 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 12 of 24 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. ARTICLE 7— CONTRACTOR'S RESPONSIBILITIES SC 7.01 Supervision and Superintendence SC 7.01.E Delete paragraph 7.01.E in its entirety and insert the following in its place: 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, Owner, and Engineer. 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. SC 7.01 Add the following paragraphs after 7.01.13: C. Contractor shall notify the City, Owner, and Engineer 24 hours prior to moving areas during the sequence of construction. D. The Contractor shall notify the Engineer seven (7) days prior to start-up so as to allow the Engineer to set his control and provide stakes for construction. The Contractor shall notify the Engineer, in writing, at least SEVENTY-TWO (72) hours in advance of the date when specific staking services are desired, giving the specific location and/or limiting stations. The Engineer shall be notified of any change of sequence of schedule which is established in the pre -construction meeting. MORINGSTAR — SECTION 8 PHASE 4 Project No,102117 007300-13 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 13 of 24 SC 7.02 Add the following new paragraphs after 7.02.113: C. Wage Rates: The contractor is required to pay prevailing wage rates as defined in 5.08.A- H of the Standard City Conditions of the Construction Contract for Developer Awarded Contracts. 1. The Prevailing Wage Rates for Heavy and Highway Construction Projects as provided by the City in Table 2; Prevailing Wage Rates are as follows: Table 2: Prevailing Wage Rates CLASSIFICATION DESCRIPTION Wage Rate Asphalt Distributor Operator $ 15.32 Asphalt Paving Machine Operator $ 13.99 MORINGSTAR — SECTION 8 PHASE 4 Project No.102117 007300-14 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 14 of 24 Asphalt Raker $ 12.69 Broom or Sweeper Operator $ 11.74 Concrete Finisher, Paving and Structures $ 14.12 Concrete Pavement Finishing Machine Operator $ 16.05 Concrete Saw Operator $ 14.48 Crane Operator, Hydraulic 80 tons or less $ 18.12 Crane Operator, Lattice Boom 80 Tons or Less $ 17.27 Crane Operator, Lattice Boom Over 80 Tons $ 20.52 Crawler Tractor Operator $ 14.07 Electrician $ 19.80 Excavator Operator, 50,000 pounds or less $17.19 Excavator Operator, Over 50,000 pounds $16.99 Flagger $10.06 Form Builder/Setter, Structures $ 13.84 Form Setter, Paving & Curb $13.16 Foundation Drill Operator, Crawler Mounted $17.99 Foundation Drill Operator, Truck Mounted $21.07 Front End Loader Operator, 3 CY or Less $ 13.69 Front End Loader Operator, Over 3 CY $ 14.72 Laborer, Common $ 10.72 Laborer, Utility $ 12.32 Loader/Backhoe Operator $ 15.18 Mechanic $ 17.68 Milling Machine Operator $ 14.32 Motor Grader Operator, Fine Grade $ 17.19 Motor Grader Operator, Rough $ 16.02 Off Road Hauler $ 12.25 Pavement Marking Machine Operator $ 13.63 Pipelayer $ 13.24 Reclaimer/Pulverizer Operator $ 11.01 Reinforcing Steel Worker $ 16.18 Roller Operator, Asphalt $ 13.08 Roller Operator, Other $ 11.51 Scraper Operator $ 12.96 Servicer $ 14.58 Small Slipform Machine Operator $ 15.96 Spreader Box Operator $ 14.73 Truck Driver Lowboy -Float $ 16.24 Truck Driver Transit -Mix $ 14.14 Truck Driver, Single Axle $ 12.31 Truck Driver, Single or Tandem Axle Dump Truck $ 12.62 Truck Driver, Tandem Axle Tractor with Semi Trailer $ 12.86 Welder $ 14.84 Work Zone Barricade Servicer $ 11.68 MORINGSTAR - SECTION 8 PHASE 4 Project No.102117 007300-15 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 15 of 24 The Davis -Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by the United States Department of Labor and current as of September 2013. The titles and descriptions for the classifications listed are detailed in the AGC of Texas' Standard Job Classifications and Descriptions for Highway, Heavy, Utilities, and Industrial Construction in Texas. SC 7.06 Concerning Subcontractors, Suppliers, and Others SC 7.06.A Add the following paragraph immediately following 7.06.A: A. Pre -Qualification of Bidders (Contractors and Subcontractors): All Work on Water, Sewer, Drainage, Paving, and Street Light Improvements shall be performed by pre -qualified contractors as determined by the City of Fort Worth. SC 7.06 Add the following paragraph immediately following 7.06.0: P. All work performed by a Subcontractor must comply with prevailing wage rates as defined in Table 2: Prevailing Wage Rates on Page 14. SC 7.09 Taxes SC 7.09.A Delete Paragraph 7.09.A in its entirety and insert the following in its place: A. On a contract awarded by the Municipal Utility District, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. SC 7.09 Add the following new paragraph immediately after Paragraph 7.09.A: B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division MORINGSTAR — SECTION 8 PHASE 4 Project No.102117 007300-16 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 16 of 24 Capitol Station Austin, TX 78711; or 2. http://www.window.state.tx.us/taxinfo/taxforms/93- forms.html SC 7.12 Safety and Protection SC 7.12.A Add the following new paragraphs immediately after Paragraph 7.12.A.3. 4. All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. 5. By ordinance, the contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights -of -way and designated alleys. This permit can be obtained by calling the (Forestry Office at (817) 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. 6. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. 7. Fences: The Contractor will be required to replace or repair all fences (hog wire, barbed wire, cyclone, wood, etc.) damaged or moved in connection with operations under this contract, using new material where necessary. The Contractor will be allowed to replace the original fence or relocate the fence, whichever is required, using the materials from the original fence, providing this material is usable in the opinion of the Engineer. When new material is necessary, such material will be a replacement of the original fence as regards to type of fencing, posts, and construction. The cost of MORINGSTAR — SECTION 8 PHASE 4 Project No.102117 007300-17 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 17 of 24 this fence replacement will be considered incidental and included in the unit bid price for the respective item affected. SC-7.12.E. Amend the 1st sentence of paragraph 7.12.E. by adding the following paragraph references after 7.12.A.3: "7.12.A.5" and "7.12.A.7" SC 7.16 Shop Drawing, Samples, and Other Submittals SC 7.16.A Amend paragraph 7.16.A by inserting the following sentence before the first sentence of paragraph A: All Work on Water, Sewer, Drainage, Paving, and Street Light Improvements shall comply with 5.16 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects (Section 00 73 10). SC 7.17 Contractor's General Warranty and Guarantee SC 7.17.A Amend paragraph 7.17.A by inserting the following sentence before the first sentence of paragraph A: All Work on Water, Sewer, Drainage, Paving, and Street Light Improvements shall comply with 5.17 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects (Section 00 73 10). SC 7.18 Indemnification SC 7.18.A Delete Paragraph 7.18.A in its entirety and insert the following in its place: P. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, OWNER, DEVELOPER ITS BOARD, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, ENGINEER AND ITS CONSULTANTS, DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES AND DEVELOPER AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE "INDEMNITEES"), FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, CAUSES OF ACTION, LIENS OR CLAIMS OF LIEN, SETTLEMENTS, LIABILITIES, COSTS, EXPENSES, FINES, AND JUDGMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE AND NECESSARY COURT COSTS, EXPERTS' FEES AND ATTORNEY'S FEES) (COLLECTIVELY, "LOSSES"), WHETHER ARISING IN EQUITY, AT COMMON LAW, OR BY STATUTE, INCLUDING WITHOUT LIMITATION THE TEXAS DECEPTIVE TRADE MORINGSTAR — SECTION 8 PHASE 4 Project No,102117 007300-18 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 18 of 24 PRACTICES ACT (AS AMENDED) OR SIMILAR STATUTE OF OTHER JURISDICTIONS, OR UNDER THE LAW OF CONTRACTS, TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY WITHOUT REGARD TO FAULT) OR PROPERTY, OF EVERY KIND OR CHARACTER INCLUDING, WITHOUT LIMITATION, CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY, EMOTIONAL DISTRESS AND ECONOMIC LOSS, ARISING IN FAVOR OF OR BROUGHT BY ANY OF THE CONTRACTOR'S EMPLOYEES, AGENTS, SUBCONTRACTORS, SUPPLIERS OR REPRESENTATIVES, OR BY ANY GOVERNMENTAL AGENCY OR ANY PERSON OR PARTY, BASED UPON, IN CONNECTION WITH, RELATING TO OR ARISING OUT OF THE WORK, THE CONTRACTOR'S FAILURE TO COMPLY WITH THE CONTRACT DOCUMENTS, OR THE CONTRACTOR'S ACTIONS OR INACTIONS UNDER THE CONTRACT DOCUMENTS, INCLUDING WITHOUT LIMITATION ANY FAILURE TO PAY TAXES OR FAILURE TO COMPLY WITH ANY APPLICABLE LAW, AND EVEN IF ANY SUCH LOSSES ARE DUE IN PART TO ANY INDEMNITEES' CONCURRENT, JOINT OR CONTRIBUTORY NEGLIGENCE OR OTHER FAULT, BREACH OF CONTRACT OR WARRANTY, VIOLATION OF STATUTE, OR STRICT LIABILITY WITHOUT REGARD TO FAULT. 1. IT IS THE EXPRESS INTENTION OF THE CONTRACTOR TO INDEMNIFY THE INDEMNITEES FROM THE CONSEQUENCES OF THEIR RESPECTIVE JOINT, PARTIAL OR CONTRIBUTORY NEGLIGENCE. THE INDEMNIFICATION OBLIGATION UNDER THIS PARAGRAPH SHALL SURVIVE COMPLETION OF THE PROJECT, TERMINATION OF THE CONTRACT, FINAL PAYMENT AND/OR ABANDONMENT OF THE PROJECT. THIS INDEMNITY IS CUMMULATIVE OF OTHER INDEMNITEES IN THE CONTRACT DOCUMENTS INCLUDING BUT NOT LIMITED TO 7.18. SC 7.18.E Amend the first sentence of paragraph 7.18.B to read as the follows: In any and all claims against DEVELOPER, 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 MORINGSTAR — SECTION 8 PHASE 4 Project No.102117 007300-19 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 19 of 24 any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.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. SC 7.18 Add the following new paragraphs immediately after Paragraph 7.18.C: D. Contractor covenants and agrees to indemnify Developer's engineer and its personnel at the project site for contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Developer and the City, their officers, "additional indemnified parties", servants and employees, from and against any and all claims or suits for property loss including third party's loss of use, property damage, personal injury including emotional distress, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of the Developer or the City, their officers„ "additional indemnified parties", servants or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Developer, "additional indemnified parties", and the City from and against any and all injuries to Developer or City's officers, "additional indemnified parties", servants and employees and any damage, loss or destruction to property of the Developer, "additional indemnified parties", or the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of the Developer or the City, their officers, "additional indemnified parties", servants or employees. E. The "additional indemnified parties" are listed below in Table 3: Additional Indemnified Parties. Table 3: Additional Indemnified Parties 1. City 2. Consultant: Welch Engineering, Inc. MORINGSTAR — SECTION 8 PHASE 4 Project No.102117 007300-20 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 20 of 24 3. WILBOW-MORNINGSTAR DEVELOPMENT CORPORATION 4. Morningstar Ranch Municipal Utility District Nos. 1 and 2 F. IT IS THE EXPRESS INTENTION OF THE CONTRACTOR TO INDEMNIFY THE INDEMNITEES FROM THE CONSEQUENCES OF THEIR RESPECTIVE JOINT, PARTIAL OR CONTRIBUTORY NEGLIGENCE. THE INDEMNIFICATION OBLIGATION UNDER THIS PARAGRAPH SHALL SURVIVE COMPLETION OF THE PROJECT, TERMINATION OF THE CONTRACT, FINAL PAYMENT AND/OR ABANDONMENT OF THE PROJECT. THIS INDEMNITY IS CUMULATIVE OF OTHER INDEMNITEES IN THE CONTRACT DOCUMENTS INCLUDING BUT NOT LIMITED TO 7.18. G. The obligation of the CONTRACTOR under Paragraph 6.20 shall not extend to the liability of the ENGINEER, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, change orders, designs or specifications, or the giving of or the failure to give directions or instructions by the ENGINEER, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. It is understood and agreed that Section 7.18 is subject to, and expressly limited by, the terms and conditions OF TEXAS CIV. PRAC. & REM. CODE ANN. § 130.001 - .005 as amended. MORINGSTAR — SECTION 8 PHASE 4 Project No.102117 007300-21 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 21 of 24 ARTICLE 13-COST OF WORK; ALLOWANCES; UNIT PRICE WORK SC 13.01 Cost of Work SC 13.01.113.5 Add the following new paragraphs immediately after Paragraph 13.01.B.5.i: j. Excavation of Material/Trench Spoils: Any and all rock material encountered during trenching and excavation shall be incidental to construction and not to be considered as a pay item. Excess spoil material including those generated from all retaining walls built on site, shall be wasted on property in areas determined by the construction manager. Contractor will not disburse any spoils until Construction Manager issues written instructions as to where spoils shall be placed. Spoils shall contain no rocks larger than 4" in diameter unless approved by the Construction Manager. Each Contractor is responsible for their spoils. Any and all rock spoils generated from utility (water, sanitary, and/or storm) excavation shall be considered incidental to construction and not to be considered as a pay item. k. Adjustment of Utilities: It shall be the responsibility of the Contractor to perform any necessary final grade adjustments to all appurtenances (valve stacks, manhole rims, fire hydrants, etc.) and for pouring any block outs required by the governing public authority. The Utility Contractor shall be responsible for providing false manhole bottoms and inlet protection during paving operations. The cost to perform this work shall be incidental to the pay items. I. Water for Construction: All water required shall be furnished by the Contractor at his expense and shall be from a clean, potable water source. m. Dewatering: Dewatering, if required, is not included as a separate pay item and shall be included subsidiary to the bid items. Contractor shall make determination of extent of dewatering necessary to complete the project in accordance with the plans and specifications. n. Obstructions: Relocation of utility poles, underground utilities, and similar items will be performed by developer, except where otherwise indicated on the drawings. The Contractor shall coordinate and plan his work around such relocation or removal. o. STORMWA TER POLLUTION PREVENTION PLAN: The Contractor will be responsible for any and all monetary fines or damages assessed by any MORINGSTAR — SECTION 8 PHASE 4 Project No.102117 007300-22 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 22 of 24 governing agency resulting from the negligence to comply with the requirements of the project Storm Water Pollution Prevention Plan. The Owner will not be responsible for any such monetary fines or damages for non-compliance of the project Storm Water Pollution Prevention Plan by the Contractor. p. SITE DRAINAGE.- The Contractor, prior to submitting a contractual bid, shall observe and inspect the project site conditions, including surface and subsurface conditions and observing the current drainage pattern of the entire property, as well as that of adjacent properties. The subject site should be examined extensively for the presence of standing water, saturated or boggy ground, a high water table, and dry or wet creeks or other seasonal drainage ways, swales and channels all of which may affect surface drainage. The Contractor, at his expense, shall monitor and examine site drainage and take appropriate measures to carry storm water runoff, without erosion of on -site soils, so as to not subject the construction site to flooding at any time. The Contractor shall be responsible for maintaining and managing the construction site drainage at all times during construction at no additional expense to the Owner. q. TREE DISPOSAL: Contractor is responsible for the disposal of all removed trees at Contractor's sole expense. Contractor may be allowed to use the following methods of disposal: 1. Burn on -site, if allowed by governing municipality, in area designated by the Owner's Representative, in accordance with municipality's regulations. All permitting will be at the expense of the Contractor. Onsite burning may only occur on Property that falls within Morningstar Ranch Municipal Utility District Nos. 1 or 2. ii. Chip removed trees and spread in area designated by the Owner's Representative, at Contractor's expense. iii. Haul offsite at Contractor's Expense MORINGSTAR — SECTION 8 PHASE 4 Project No.102117 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.......................................................................................................... I 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology..................................................................................................................................5 Article2 — 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 Article4 — 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 .............................. 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 Article6 - Other Work at the Site...................................................................................................................26 6.01 Related Work at Site...................................................................................................................26 Article7 - 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 Article9 - Changes in the Work.....................................................................................................................28 9.01 Authorized Changes in the Worl................................................................................................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 Article12 - 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 Article13 - Suspension of Work....................................................................................................................33 13.01 City May Suspend Work............................................................................................................33 Article14 - 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw — City's on-line, electronic document management and collaboration system. 5. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home -rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) --A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract —The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents —Those items that make up the contract and which must include the Agreement, and it's attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non -Resident Bidder iii. Prequalification Statement C. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions 1. Supplementary Conditions 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 0. Drawings P. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor —The individual or entity with whom Developer has entered into the Agreement. 11. Day or day —A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer — An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance — The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 16. Final Inspection — Inspection carried out by the City to verb that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements —A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non -Participating Change Order —A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order —A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans — See definition of Drawings. 24. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 25. Project —The Work to be performed under the Contract Documents. 26. Project Representative —The authorized representative of the City who will be assigned to the Site. 27. Public Meeting — An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6: 00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 I0- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 30. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site —Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions — That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions —That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours — Hours beginning at 9: 00 a.m. and ending at -5: 00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 41. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non -Participating Change Order, or Field Order; and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a. nz. and 6 p. m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective. - 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. - The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 ARTICLE 2 — PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non - Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 — CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3,02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non -Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City's written interpretation or clarification. ARTICLE 4 — BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations Linder the Contract Documents, B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 1. The certificate of insurance shall document the City, an as "Additional Insured" on all liability policies. 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier narnes as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 11, City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either 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 CITY OF PORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of35 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. 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 The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor's Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page I I of35 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: The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material rieliveries to cr ss railroad properties and tracks owned and operated by: Z-NONE_ Write the name ofthe 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: �� NIONE i Enter limits provided by Railroad Company (lfnone, write none) � nlnnl� b. Each Occurrence:: linter limits provided by Railroad Company (lfnone, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of - CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12of35 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. 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. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 — CONTRACTOR'S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of35 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 for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of35 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. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of35 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16of35 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.13. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre -qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of35 ❑ Required for this Contract. (Check this box ifthere is any City Participation) 1" 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. 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. 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: 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 honeys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18of35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates ❑ Required for this Contract. ENot Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City mal<es its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 1 lth day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of35 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 maybe 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 other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For -Information -Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 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: abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work, or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.13. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED IN WHOLE OR IN PART BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED IN WHOLE OR IN PART BY ANY ACT OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds tl B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 ARTICLE 6 — OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. ARTICLE 7 — CITY'S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 7.03 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. A. City's Project Representative will snake visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 — CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of35 ARTICLE 11— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK I I.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. I. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 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. 1 l .05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction Or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page31 of35 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 datnage 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 i11 accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 11.09. ARTICLE 12 — COMPLETION 12.01 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of35 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: 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; 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. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 — SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of35 available within a reasonable period of time, Contractor may request an extension in Contract Tinge, 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: delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of35 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 01 25 00 - 1 SUBSTITUTION PROCEDURES Pagel of 4 I SECTION 0125 00 2 SUBSTITUTION PROCEDURES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for requesting the approval of substitution of a product that is not 7 equivalent to a product which is specified by descriptive or performance criteria or 8 defined by reference to 1 or more of the following: 9 a. Name of manufacturer 10 b. Name of vendor 1 I c. Trade name 12 d. Catalog number 13 2. Substitutions are not "or -equals". 14 B. Deviations from this City of Fort Worth Standard Specification 15 1. None. 16 C. Related Specification Sections include, but are not necessarily limited to: 17 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 18 2. Division 1 — General Requirements 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. Request for Substitution - General 26 1. Within 30 days after award of Contract (unless noted otherwise), the City will 27 consider formal requests from Contractor for substitution of products in place of 28 those specified. 29 2. Certain types of equipment and kinds of material are described in Specifications by 30 means of references to names of manufacturers and vendors, trade names, or 1 catalog numbers. 32 a. When this method of specifying is used, it is not intended to exclude from 33 consideration other products bearing other manufacturer's or vendor's names, 34 trade names, or catalog numbers, provided said products are "or -equals," as 35 determined by City. 36 3. Other types of equipment and kinds of material may be acceptable substitutions 37 under the following conditions: 38 a. Or -equals are unavailable due to strike, discontinued production of products 39 meeting specified requirements, or other factors beyond control of Contractor; 40 or, CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 102117 Revised July 1, 2011 01 25 00 - 2 SUBSTITUTION PROCEDURES Page 2 of 4 1 b. Contractor proposes a cost and/or time reduction incentive to the City. 2 1.5 SUBMITTALS 3 A. See Request for Substitution Form (attached) 4 B. Procedure for Requesting Substitution 5 1. Substitution shall be considered only: 6 a. After award of Contract 7 b. Under the conditions stated herein 8 2. Submit 3 copies of each written request for substitution, including: 9 a. Documentation 10 1) Complete data substantiating compliance of proposed substitution with I 1 Contract Documents 12 2) Data relating to changes in construction schedule, when a reduction is 13 proposed 14 3) Data relating to changes in cost 15 b. For products 16 1) Product identification 17 a) Manufacturer's name 18 b) Telephone number and representative contact name 19 c) Specification Section or Drawing reference of originally specified 20 product, including discrete name or tag number assigned to original 21 product in the Contract Documents 22 2) Manufacturer's literature clearly marked to show compliance of proposed 23 product with Contract Documents 24 3) Itemized comparison of original and proposed product addressing product 25 characteristics including, but not necessarily limited to: 26 a) Size 27 b) Composition or materials of construction 28 c) Weight 29 d) Electrical or mechanical requirements 30 4) Product experience 31 a) Location of past projects utilizing product 32 b) Name and telephone number of persons associated with referenced 33 projects knowledgeable concerning proposed product 34 c) Available field data and reports associated with proposed product 35 5) Samples 36 a) Provide at request of City. 37 b) Samples become the property of the City. 38 c. For construction methods: 39 1) Detailed description of proposed method 40 2) Illustration drawings 41 C. Approval or Rejection 42 1. Written approval or rejection of substitution given by the City 43 2. City reserves the right to require proposed product to comply with color and pattern 44 of specified product if necessary to secure design intent. 45 3. In the event the substitution is approved, the resulting cost and/or time reduction 46 will be documented by Change Order in accordance with the General Conditions. CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 102117 Revised July I, 2011 0131 19 - 1 PRECONSTRUCTION MEETING Pagel of 3 1 SECTION 01 31 19 2 PRECONSTRUCTION MEETING 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contractor, subcontractors and suppliers attending meetings 22 shall be qualified and authorized to act on behalf of the entity each represents. 23 3. Meeting administered by City may be tape recorded. 24 a. If recorded, tapes will be used to prepare minutes and retained by City for 25 future reference. 26 B. Preconstruction Meeting 27 1. A preconstruction meeting will be held within 14 days after the execution of the 28 Agreement and before Work is started. 29 a. The meeting will be scheduled and administered by the City. 30 2. The Project Representative will preside at the meeting, prepare the notes of the 31 meeting and distribute copies of same to all participants who so request by fully 32 completing the attendance form to be circulated at the beginning of the meeting. 33 3. Attendance shall include: 34 a. Project Representative 35 b. Contractor's project manager 36 c. Contractor's superintendent 37 d. Any subcontractor or supplier representatives whom the Contractor may desire 38 to invite or the City may request CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 CITY PROJECT NO.: 102117 01 31 19 - 2 PRECONSTRUCTION MEETING Page 2 of 3 I e. Other City representatives 2 f. Others as appropriate 3 4. Construction Schedule 4 5 a. Prepare baseline construction schedule in accordance with Section 0132 16 and provide at Preconstruction Meeting. 6 b. City will notify Contractor of any schedule changes upon Notice of 7 Preconstruction Meeting. 8 5. Preliminary Agenda may include: 9 a. Introduction of Project Personnel 10 b. General Description of Project 1 1 12 c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule 13 e. Contract Time 14 f. Notice to Proceed 15 g. Construction Staking 16 h. Progress Payments 17 i. Extra Work and Change Order Procedures 18 j. Field Orders 19 k. Disposal Site Letter for Waste Material 20 1. Insurance Renewals 21 m. Payroll Certification 22 n. Material Certifications and Quality Control Testing 23 o. Public Safety and Convenience 24 p. Documentation of Pre -Construction Conditions 25 q. Weekend Work Notification 26 r. Legal Holidays 27 s. Trench Safety Plans 28 t. Confined Space Entry Standards 29 30 U. Coordination with the City's representative for operations of existing water systems 31 v. Storm Water Pollution Prevention Plan 32 w. Coordination with other Contractors 33 x. Early Warning System 34 Y. Contractor Evaluation 35 z. Special Conditions applicable to the project 36 aa. Damages Claims 37 bb. Submittal Procedures 38 cc. Substitution Procedures 39 dd. Correspondence Routing 40 ee. Record Drawings 41 ff. Temporary construction facilities 42 gg. M/WBE or MBE/SBE procedures 43 hh. Final Acceptance 44 ii. Final Payment 45 jj. Questions or Comments CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MORNINGSTAR — SECTION 8, PHASE 4 Revised August 17, 2012 CITY PROJECT NO.: 102117 01 31 19 - 3 PRECONSTRUCTION MEETING Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 10 11 12 13 PART 2 - PRODUCTS [NOT USED] ]PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MORNINGSTAR — SECTION 8, PHASE 4 Revised August 17, 2012 CITY PROJECT NO.: 102117 1 2 3 PART1- GENERAL SECTION 0132 33 PRECONSTRUCTION VIDEO 01 32 33 - 1 PRECONSTRUCTION VIDEO Page 1 of 2 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative and procedural requirements for: 7 a. Preconstruction Videos 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Preconstruction Video 20 1. Produce a preconstruction video of the site/alignment, including all areas in the 21 vicinity of and to be affected by construction. 22 a. Provide digital copy of video upon request by the City. 23 2. Retain a copy of the preconstruction video until the end of the maintenance surety 24 period. 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] CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 CITY PROJECT NO.: 102117 01 32 33 - 2 PRECONSTRUCTION VIDEO Page 2 of 2 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 CITY PROJECT NO.: 102117 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes SECTION 0133 00 SUBMITTALS 013300-1 SUBMITTALS Page i of 8 6 1. General methods and requirements of submissions applicable to the following 7 Work -related submittals: 8 a. Shop Drawings 9 b. Product Data (including Standard Product List submittals) 10 c. Samples 11 d. Mock Ups 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 — General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Coordination 24 1. Notify the City in writing, at the time of submittal, of any deviations in the 25 submittals from the requirements of the Contract Documents. 26 2. Coordination of Submittal Times 27 a. Prepare, prioritize and transmit each submittal sufficiently in advance of 28 performing the related Work or other applicable activities, or within the time 29 specified in the individual Work Sections, of the Specifications. 30 b. Contractor is responsible such that the installation will not be delayed by 31 processing times including, but not limited to: 32 a) Disapproval and resubmittal (if required) 33 b) Coordination with other submittals 34 c) Testing 35 d) Purchasing 36 e) Fabrication 37 f) Delivery 38 g) Similar sequenced activities 39 c. No extension of time will be authorized because of the Contractor's failure to 40 transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 102117 Revised December 20, 2012 0133 00 - 2 SUBMITTALS Page 2 of 8 I d. Make submittals promptly in accordance with approved schedule, and in such 2 sequence as to cause no delay in the Work or in the work of any other 3 contractor. 4 B. Submittal Numbering 5 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- 6 reference identification numbering system in the following manner: 7 a. Use the first 6 digits of the applicable Specification Section Number. 8 b. For the next 2 digits number use numbers 01-99 to sequentially number each 9 initial separate item or drawing submitted under each specific Section number. 10 c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. 11 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical 12 submittal number would be as follows: 13 14 03 30 00-08-B 15 16 1) 03 30 00 is the Specification Section for Concrete 17 2) 08 is the eighth initial submittal under this Specification Section 18 3) B is the third submission (second resubmission) of that particular shop 19 drawing 20 C. Contractor Certification 21 1. Review shop drawings, product data and samples, including those by 22 subcontractors, prior to submission to determine and verify the following: 23 a. Field measurements 24 b. Field construction criteria 25 c. Catalog numbers and similar data 26 d. Conformance with the Contract Documents 27 2. Provide each shop drawing, sample and product data submitted by the Contractor 28 with a Certification Statement affixed including: 29 a. The Contractor's Company name 30 b. Signature of submittal reviewer 31 C. Certification Statement 32 1) "By this submittal, I hereby represent that I have determined and verified 33 field measurements, field construction criteria, materials, dimensions, 34 catalog numbers and similar data and I have checked and coordinated each 35 item with other applicable approved shop drawings." 36 D. Submittal Format 37 1. Fold shop drawings larger than 8 '/z inches x 11 inches to 8 % inches x 11 inches. 38 2. Bind shop drawings and product data sheets together. 39 3. Order 40 a. Cover Sheet 41 1) Description of Packet 42 2) Contractor Certification 43 b. List of items / Table of Contents 44 c. Product Data /Shop Drawings/Samples /Calculations 45 E. Submittal Content 46 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MORNINGSTAR — SECTION 8, PHASE 4 Revised December 20, 2012 CITY PROJECT NO. 102117 013300-3 SUBMITTALS Page 3 of 8 1 2. The Project title and number 2 3. Contractor identification 3 4. The names of: 4 a. Contractor 5 b. Supplier 6 C. Manufacturer 7 5. Identification of the product, with the Specification Section number, page and 8 paragraph(s) 9 6. Field dimensions, clearly identified as such 10 7. Relation to adjacent or critical features of the Work or materials 11 8. Applicable standards, such as ASTM or Federal Specification numbers 12 9. Identification by highlighting of deviations from Contract Documents 13 10. Identification by highlighting of revisions on resubmittals 14 11. An 8-inch x 3-inch blank space for Contractor and City stamps 15 F. Shop Drawings 16 1. As specified in individual Work Sections includes, but is not necessarily limited to: 17 a. Custom -prepared data such as fabrication and erection/installation (working) 18 drawings 19 b. Scheduled information 20 c. Setting diagrams 21 d. Actual shopwork manufacturing instructions 22 e. Custom templates 23 f. Special wiring diagrams 24 g. Coordination drawings 25 h. Individual system or equipment inspection and test reports including: 26 1) Performance curves and certifications 27 i. As applicable to the Work 28 2. Details 29 a. Relation of the various parts to the main members and lines of the structure 30 b. Where correct fabrication of the Work depends upon field measurements 31 1) Provide such measurements and note on the drawings prior to submitting 32 for approval. 33 G. Product Data 34 1. For submittals of product data for products included on the City's Standard Product 35 List, clearly identify each item selected for use on the Project. 36 2. For submittals of product data for products not included on the City's Standard 37 Product List, submittal data may include, but is not necessarily limited to: 38 a. Standard prepared data for manufactured products (sometimes referred to as 39 catalog data) 40 1) Such as the manufacturer's product specification and installation 41 instructions 42 2) Availability of colors and patterns 43 3) Manufacturer's printed statements of compliances and applicability 44 4) Roughing -in diagrams and templates 45 5) Catalog cuts 46 6) Product photographs CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MORNINGSTAR — SECTION 8, PHASE 4 Revised December 20, 2012 CITY PROJECT NO. 102117 01 33 00 - 4 SUBMITTALS Page 4 of 8 1 7) Standard wiring diagrams 2 8) Printed performance curves and operational -range diagrams 3 9) Production or quality control inspection and test reports and certifications 4 10) Mill reports 5 11) Product operating and maintenance instructions and recommended 6 spare -parts listing and printed product warranties 7 12) As applicable to the Work 8 H. Samples 9 1. As specified in individual Sections, include, but are not necessarily limited to: 10 a. Physical examples of the Work such as: 11 1) Sections of manufactured or fabricated Work 12 2) Small cuts or containers of materials 13 3) Complete units of repetitively used products color/texture/pattern swatches 14 and range sets 15 4) Specimens for coordination of visual effect 16 5) Graphic symbols and units of Work to be used by the City for independent 17 inspection and testing, as applicable to the Work 18 1. Do not start Work requiring a shop drawing, sample or product data nor any material to 19 be fabricated or installed prior to the approval or qualified approval of such item. 20 1. Fabrication performed, materials purchased or on -site construction accomplished 21 which does not conform to approved shop drawings and data is at the Contractor's 22 risk. 23 2. The City will not be liable for any expense or delay due to corrections or remedies 24 required to accomplish conformity. 25 3. Complete project Work, materials, fabrication, and installations in conformance 26 with approved shop drawings, applicable samples, and product data. 27 J. Submittal Distribution 28 1. Electronic Distribution 29 a. Confirm development of Project directory for electronic submittals to be 30 uploaded to City's Buzzsaw site, or another external FTP site approved by the 31 City. 32 b. Shop Drawings 33 1) Upload submittal to designated project directory and notify appropriate 34 City representatives via email of submittal posting. 35 2) Hard Copies 36 a) 3 copies for all submittals 37 b) If Contractor requires more than 1 hard copy of Shop Drawings 38 returned, Contractor shall submit more than the number of copies listed 39 above. 40 c. Product Data 41 1) Upload submittal to designated project directory and notify appropriate 42 City representatives via email of submittal posting. 43 2) Hard Copies 44 a) 3 copies for all submittals 45 d. Samples 46 1) Distributed to the Project Representative 47 2. Hard Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 102117 Revised December 20, 2012 013300-5 SUBMITTALS Page 5 of 8 I a. Shop Drawings 2 1) Distributed to the City 3 2) Copies 4 a) 8 copies for mechanical submittals 5 b) 7 copies for all other submittals 6 c) If Contractor requires more than 3 copies of Shop Drawings returned, 7 Contractor shall submit more than the number of copies listed above. 8 b. Product Data 9 1) Distributed to the City 10 2) Copies 11 a) 4 copies 12 c. Samples 13 1) Distributed to the Project Representative 14 2) Copies 15 a) Submit the number stated in the respective Specification Sections. 16 3. Distribute reproductions of approved shop drawings and copies of approved 17 product data and samples, where required, to the job site file and elsewhere as 18 directed by the City. 19 a. Provide number of copies as directed by the City but not exceeding the number 20 previously specified. 21 K. Submittal Review 22 1. The review of shop drawings, data and samples will be for general conformance 23 with the design concept and Contract Documents. This is not to be construed as: 24 a. Permitting any departure from the Contract requirements 25 b. Relieving the Contractor of responsibility for any errors, including details, 26 dimensions, and materials 27 c. Approving departures from details furnished by the City, except as otherwise 28 provided herein 29 2. The review and approval of shop drawings, samples or product data by the City 30 does not relieve the Contractor from his/her responsibility with regard to the 31 fulfillment of the terms of the Contract. 32 a. All risks of error and omission are assumed by the Contractor, and the City will 33 have no responsibility therefore. 34 3. The Contractor remains responsible for details and accuracy, for coordinating the 35 Work with all other associated work and trades, for selecting fabrication processes, 36 for techniques of assembly and for performing Work in a safe manner. 37 4. If the shop drawings, data or samples as submitted describe variations and show a 38 departure from the Contract requirements which City finds to be in the interest of 39 the City and to be so minor as not to involve a change in Contract Price or time for 40 performance, the City may return the reviewed drawings without noting an 41 exception. 42 5. Submittals will be returned to the Contractor under 1 of the following codes: 43 a. Code 1 44 45 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. 46 a) When returned under this code the Contractor may release the 47 equipment and/or material for manufacture. 48 b. Code 2 CITY OF FORT WORTH MORNINGSTAR— SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 102117 Revised December 20, 2012 013300-6 SUBMITTALS Pave 6 of 8 1 2 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 3 the notations and comments IS NOT required by the Contractor. 4 a) The Contractor may release the equipment or material for manufacture; 5 however, all notations and comments must be incorporated into the final product. 6 c. Code 3 7 8 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 9 assigned when notations and comments are extensive enough to require a resubmittal of the package. 10 11 a) The Contractor may release the equipment or material for manufacture; 12 however, all notations and comments must be incorporated into the final product. 13 14 b) This resubmittal is to address all comments, omissions and 15 non -conforming items that were noted. 16 c) Resubmittal is to be received by the City within 15 Calendar Days of 17 the date of the City's transmittal requiring the resubmittal: d. Code 4 18 19 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. 20 21 a) The Contractor must resubmit the entire package revised to bring the 22 submittal into conformance. 23 b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 24 6. Resubmittals 25 a. Handled in the same manner as first submittals 26 1) Corrections other than requested by the City 27 28 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked 29 30 b. Submittals for each item will be reviewed no more than twice at the City's 31 32 expense. 1) All subsequent reviews will be performed at times convenient to the City 33 and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 34 35 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. 36 37 c. The need for more than 1 resubmission or any other delay 38 review of submittals, will not entitle the Contractor to an extension of Contract Time. 39 7. Partial Submittals 40 a. City reserves the right to not review submittals deemed partial, at the City's 41 discretion. 42 b. Submittals deemed by the City to be not complete will be returned to the 43 Contractor, and will be considered "Not Approved" until resubmitted. 44 c. The City may at its option provide a list or mark the submittal directing the 45 Contractor to the areas that are incomplete. 46 8. If the Contractor considers any correction indicated on the shop drawings to 47 constitute a change to the Contract Documents, then written notice must be 48 provided thereof to the City at least 7 Calendar Days prior to release for 49 manufacture. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MORNINGSTAR — SECTION 8, PHASE 4 Revised December 20, 2012 CITY PROJECT NO. 102117 013300-7 SUBMITTALS Page 7 of 8 1 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include, but are not necessarily 8 limited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 11 1. If specifically required in other Sections of these Specifications, submit a P.E. 12 Certification for each item required. 13 N. Request for Information (RFI) 14 1. Contractor Request for additional information 15 a. Clarification or interpretation of the contract documents 16 b. When the Contractor believes there is a conflict between Contract Documents 17 c. When the Contractor believes there is a conflict between the Drawings and 18 Specifications 19 1) Identify the conflict and request clarification 20 2. Use the Request for Information (RFI) form provided by the City. 21 3. Numbering of RFI 22 a. Prefix with "RFI" followed by series number, "-xxx", beginning with "01" and 23 increasing sequentially with each additional transmittal, 24 4. Sufficient information shall be attached to permit a written response without further 25 information. 26 5. The City will log each request and will review the request. 27 a. If review of the project information request indicates that a change to the 28 Contract Documents is required, the City will issue a Field Order or Change 29 Order, as appropriate. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] 35 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 36 1.11 FIELD [SITE] CONDITIONS [NOT USED] 37 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 102117 Revised December 20, 2012 013300-8 SUBMITTALS Page 8 of 8 I PART 2 - PRODUCTS [NOT USED] 2 PART 3 - EXECUTION [NOT USED] 3 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 102117 Revised December 20, 2012 01 45 23 - 1 TESTING AND INSPECTION SERVICES Pagel of2 1 SECTION 0145 23 2 TESTING AND INSPECTION SERVICES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 a. Contractor is responsible for performing, coordinating, and payment of all 17 Quality Control testing. 18 b. City is responsible for performing and payment for first set of Quality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails, the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City, notifyCity, 31 in advance, when testing is needed. sufficiently 32 b. When testing is required to be completed by the Contractor, notify City, 33 sufficiently in advance, that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's Buzzsaw site, or another external FTP site approved by 38 the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MORNINGSTAR — SECTION 8, PHASE 4 Revised July 1, 2011 CITY PROJECT NO.:102117 01 45 23 -2 TESTING AND INSPECTION SERVICES Page 2 of 2 1 2) Upload test reports to designated project directory and notify appropriate 2 City representatives via email of submittal posting. 3 3) Hard Copies 4 a) 1 copy for all submittals submitted to the Project Representative 5 b. Hard Copy Distribution (if required in lieu of electronic distribution) 6 1) Tests performed by City 7 a) Distribute 1 hard copy to the Contractor 8 2) Tests performed by the Contractor 9 a) Distribute 3 hard copies to City's Project Representative 10 4. Provide City's Project Representative with trip tickets for each delivered load of I 1 Concrete or Lime material including the following information: 12 a. Name of pit 13 b. Date of delivery 14 c. Material delivered 15 B. Inspection 16 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 17 perform work in accordance with the Contract Documents. 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 27 28 29 30 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 CITY PROJECT N0.:102117 01 55 26 - 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page I of 1 SECTION 0155 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative procedures for: 7 a. Street Use Permit 8 b. Modification of approved traffic control 9 c. Removal of Street Signs 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 I — General Requirements 15 3. Section 34 71 13 — Traffic Control 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 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings, provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings, prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for .33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 37 a. To obtain Street Use Permit, submit Traffic Control Plans to City 38 Transportation and Public Works Department. CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.:102117 Revised July 1, 2011 01 55 26 - 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 1) Allow a minimum of 5 working days for permit review. 2 2) Contractor's responsibility to coordinate review of Traffic Control plans for 3 Street Use Permit, such that construction is not delayed. 4 C. Modification to Approved Traffic Control 5 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to City Department Transportation and 7 Public Works Department. 8 1) Revise Traffic Control plans in accordance with Section 34 71 13. 9 2) Allow minimum 5 working days for review of revised Traffic Control. 10 3) It is the Contractor's responsibility to coordinate review of Traffic Control 1 I plans for Street Use Permit, such that construction is not delayed. 12 D. Removal of Street Sign 13 1. If it is determined that a street sign must be removed for construction, then contact 14 City Transportation and Public Works Department, Signs and Markings Division to 15 remove the sign. 16 E. Temporary Signage 17 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 19 Devices (MUTCD). 20 2. Install temporary sign before the removal of permanent sign. 21 3. When construction is complete, to the extent that the permanent sign can be 22 reinstalled, contact the City Transportation and Public Works Department, Signs 23 and Markings Division, to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Traffic Control Standards can be found on the City's Buzzsaw website. 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART 2 - PRODUCTS [NOT USED] 35 PART 3 - EXECUTION [NOT USED] 36 END OF SECTION CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.:102117 Revised July 1, 2011 01 55 26 - 3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.:102117 Revised July 1, 201 I 015713-I STORM WATER POLLUTION PREVENTION Pagel of3 I SECTION 0157 13 2 STORM WATER POLLUTION PREVENTION 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Procedures for Storm Water Pollution Prevention Plans 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 I 1 Contract 12 2. Division I — General Requirements 13 3. Section 3125 00 — Erosion and Sediment Control 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Construction Activities resulting in less than 1 acre of disturbance 17 a. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. Construction Activities resulting in greater than 1 acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 3125 00. 21 1.3 REFERENCES 22 A. Abbreviations and Acronyms 23 1. Notice of Intent: NOI 24 2. Notice of Termination: NOT 25 3. Storm Water Pollution Prevention Plan: SWPPP 26 4. Texas Commission on Environmental Quality: TCEQ 27 5. Notice of Change: NOC 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification, unless a date is specifically cited. 32 2. Integrated Storm Management (iSWM) Technical Manual for Construction 33 Controls 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. General 36 1. Contractor is responsible for resolution and payment of any fines issued associated 37 with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 102117 Revised July 1, 201I 01 57 13 - 2 STORM WATER POLLUTION PREVENTION Page 2 of 3 I B. Construction Activities resulting in: 2 1. Less than 1 acre of disturbance 3 a. Provide erosion and sediment control in accordance with Section 3125 00 and 4 Drawings. 5 2. 1 to less than 5 acres of disturbance 6 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 7 Permit is required 8 b. Complete SWPPP in accordance with TCEQ requirements 9 1) TCEQ Small Construction Site Notice Required under general permit 10 TXR150000 I 1 a) Sign and post at job site 12 b) Prior to Preconstruction Meeting, send 1 copy to City Department of 13 Transportation and Public Works, Environmental Division, (817) 392- 14 6088. 15 2) Provide erosion and sediment control in accordance with: 16 a) Section 31 25 00 17 b) The Drawings 18 c) TXR150000 General Permit 19 d) SWPPP 20 e) TCEQ requirements 21 3. 5 acres or more of Disturbance 22 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 23 Permit is required 24 b. Complete SWPPP in accordance with TCEQ requirements 25 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 26 a) Sign and post at job site 27 b) Send copy to City Department of Transportation and Public Works, 28 Environmental Division, (817) 392-6088. 29 2) TCEQ Notice of Change required if making changes or updates to NOI 30 3) Provide erosion and sediment control in accordance with: 31 a) Section 31 25 00 32 b) The Drawings 33 c) TXR150000 General Permit 34 d) SWPPP 35 e) TCEQ requirements 36 4) Once the project has been completed and all the closeout requirements of 37 TCEQ have been met a TCEQ Notice of Termination can be submitted. 38 a) Send copy to City Department of Transportation and Public Works, 39 Environmental Division, (817) 392-6088. 40 1.5 SUBMITTALS 41 A. SWPPP 42 1. Submit in accordance with Section 01 33 00, except as stated herein. 43 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 44 as follows: 45 1) 1 copy to the City Project Manager 46 a) City Project Manager will forward to the City Department of 47 Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 CITY PROJECT NO.: 102117 0157 13 - 3 STORM WATER POLLUTION PREVENTION Page 3 of 3 i B. Modified SWPPP 2 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 3 in accordance with Section 0133 00. 4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE [NOT USED] 8 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 9 1.11 FIELD [SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] 11 12 13 14 15 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH MORNINGSTAR— SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 102117 Revised July 1,2011 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0160 00 PRODUCT REQUIREMENTS 01 60 00 - 1 PRODUCT REQUIREMENTS Pagel of 2 5 A. Section Includes: 6 1. References for Product Requirements and City Standard Products List 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 A. A list of City approved products for use is located on Buzzsaw as follows: 16 1. Resources\02 - Construction Documents\Standard Products List 17 B. Only products specifically included on City's Standard Product List in these Contract 18 Documents shall be allowed for use on the Project. 19 1. Any subsequently approved products will only be allowed for use upon specific 20 approval by the City. 21 C. Any specific product requirements in the Contract Documents supersede similar 22 products included on the City's Standard Product List. 23 1. The City reserves the right to not allow products to be used for certain projects even 24 though the product is listed on the City's Standard Product List. 25 D. Although a specific product is included on City's Standard Product List, not all 26 products from that manufacturer are approved for use, including but not limited to, that 27 manufacturer's standard product. 28 E. See Section 0133 00 for submittal requirements of Product Data included on City's 29 Standard Product List. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.:1021 17 Revised December 20, 2012 01 6000-2 PRODUCT REQUIREMENTS Page 2 of 2 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 5 6 7 8 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 CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT N0.:102117 Revised December 20, 2012 01 66 00 - 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 I SECTION 0166 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PARTI- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Scheduling of product delivery 7 2. Packaging of products for delivery 8 3. Protection of products against damage from: 9 a. Handling 10 b. Exposure to elements or harsh environments 1 i 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 I — 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 [NOT USED] 23 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY AND HANDLING 28 A. Delivery Requirements 29 1. Schedule delivery of products or equipment as required to allow timely installation 30 and to avoid prolonged storage. 31 2. Provide appropriate personnel and equipment to receive deliveries. 32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 33 for personnel or equipment to receive the delivery. CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 CITY PROJECT NO.: 102117 01 66 00 - 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of4 1 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 2 containers designed and constructed to protect the contents from physical or 3 environmental damage. 4 5. Clearly and fully mark and identify as to manufacturer, item and installation 5 location. 6 6. Provide manufacturer's instructions for storage and handling. 7 B. Handling Requirements 8 1. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 C. Storage Requirements 11 1. Store materials in accordance with manufacturer's recommendations and 12 requirements of these Specifications. 13 2. Make necessary provisions for safe storage of materials and equipment. 14 a. Place loose soil materials and materials to be incorporated into Work to prevent 15 damage to any part of Work or existing facilities and to maintain free access at 16 all times to all parts of Work and to utility service company installations in 17 vicinity of Work. 18 3. Keep materials and equipment neatly and compactly stored in locations that will 19 cause minimum inconvenience to other contractors, public travel, adjoining owners, 20 tenants and occupants. 21 a. Arrange storage to provide easy access for inspection. 22 4. Restrict storage to areas available on construction site for storage of material and 23 equipment as shown on Drawings, or approved by City's Project Representative. 24 5. Provide off -site storage and protection when on -site storage is not adequate. 25 a. Provide addresses of and access to off -site storage locations for inspection by 26 City's Project Representative. 27 6. Do not use lawns, grass plots or other private property for storage purposes without 28 written permission of owner or other person in possession or control of premises. 29 7. Store in manufacturers' unopened containers. 30 8. Neatly, safely and compactly stack materials delivered and stored along line of 31 Work to avoid inconvenience and damage to property owners and general public 32 and maintain at least 3 feet from fire hydrant. 33 9. Keep public and private driveways and street crossings open. 34 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 35 satisfaction of City's Project Representative. 36 a. Total length which materials may be distributed along route of construction at 37 one time is 1,000 linear feet, unless otherwise approved in writing by City's 38 Project Representative. CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 102117 Revised July i, 2011 01 66 00 - 3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 ERECTION [NOT USED] 9 3.5 REPAIR / RESTORATION [NOT USED] 10 3.6 RE -INSTALLATION [NOT USED] 11 3.7 FIELD [OR] SITE QUALITY CONTROL 12 A. Tests and Inspections 13 1. Inspect all products or equipment delivered to the site prior to unloading. 14 B. Non -Conforming Work 15 1. Reject all products or equipment that are damaged, used or in any other way 16 unsatisfactory for use on the project. 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION 22 A. Protect all products or equipment in accordance with manufacturer's written directions. 23 B. Store products or equipment in location to avoid physical damage to items while in 24 storage. 25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 26 the manufacturer. 27 3.13 MAINTENANCE [NOT USED] 28 3.14 ATTACHMENTS [NOT USED] 29 END OF SECTION 30 CITY OF FORT WORTH MORNINGSTAR— SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 102117 Revised July 1, 2011 01 66 00 - 4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 102117 Revised July 1, 2011 017123-I CONSTRUCTION STAKING AND SURVEY Pagel of4 1 SECTION 01 71 23 2 CONSTRUCTION STAKING AND SURVEY 3 REVISIONS IN BOLD AND ITALIC 4 PART1- GENERAL 5 1.1 SUMMARY 6 A. Section Includes: 7 1. Requirements for construction staking and construction survey 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. Staking is provided by and paid for by the Developer. 10 C. Related Specification Sections include, but are not necessarily limited to: 1 1. 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Construction Staking 16 a. Measurement 17 1) Staking is provided by and paid for by the Developer. 18 b. Payment 19 1) Staking is provided by and paid for by the Developer. 20 2. Construction Survey 21 a. Measurement 22 1) Staking is provided by and paid for by the Developer. 23 b. Payment 24 1) Staking is provided by and paid for by the Developer. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 27 1.5 SUBMITTALS 28 A. Submittals, if required, shall be in accordance with Section 01 33 00. 29 B. All submittals shall be approved by the City prior to delivery. 30 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS 31 A. Certificates 32 1. Provide certificate certifying that elevations and locations of improvements are in 33 conformance or non-conformance with requirements of the Contract Documents. 34 a. Certificate must be sealed by a registered professional land surveyor in the 35 State of Texas. 36 B. Field Quality Control Submittals 37 1. Documentation verifying accuracy of field engineering work. CITY OF FORT WORTH MORNINGSTAR - SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT NO.: 102117 Revised December 20, 2012 01 7123 -2 CONSTRUCTION STAKING AND SURVEY Page 2 of 4 1 1.7 CLOSEOUT SUBMITTALS [NOT USED] 2 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 3 1.9 QUALITY ASSURANCE 4 A. Construction Staking 5 1. Staking is provided by and paid for by the Developer. 6 2. Coordination 7 a. Contact Developer's Project Representative at least 2 weeks in advance for 8 scheduling of Construction Staking. 9 b. It is the Contractor's responsibility to coordinate staking such that construction 10 activities are not delayed or negatively impacted. 11 3. General 12 a. Contractor is responsible for preserving and maintaining stakes furnished by 13 Developer's Surveyor. 14 b. If in the opinion of the City or Developer, a sufficient number of stakes or 15 markings have been lost, destroyed or disturbed, by Contractor's neglect, such 16 that the contracted Work cannot take place, then the Contractor will be required 17 to pay the Developer's Surveyor for new staking with a 25 percent markup. The 18 cost for staking will be deducted from the payment due to the Contractor for the 19 Project. 20 B. Construction Survey 21 1. Construction Survey will be performed by the Developer's Surveyor, 22 2. Coordination 23 a. Contractor to verify that control data established in the design survey remains 24 intact. 25 b. Coordinate with the City/Developer prior to field investigation to determine 26 which horizontal and vertical control data will be required for construction 27 survey. 28 c. It is the Contractor's responsibility to coordinate Construction Survey such that 29 construction activities are not delayed or negatively impacted. 30 d. Notify City/Developer if any control data needs to be restored or replaced due 31 to damage caused during construction operations. 32 1) Developer's Surveyor shall perform replacements and/or restorations. 33 3. General 34 a. Construction survey will be performed in order to maintain complete and 35 accurate logs of control and survey work as it progresses for Project Records. 36 b. The Contractor will need to ensure coordination is maintained with the 37 City/Developer's Surveyor to perform construction survey to obtain 38 construction features, including but not limited to the following: 39 1) All Utility Lines 40 a) Rim and flowline elevations and coordinates for each manhole or 41 junction structure 42 2) Water Lines 43 a) Top of pipe elevations and coordinates for waterlines at the following 44 locations: 45 (1) Every 250 linear feet CITY OF FORT WORTH MORNINGSTAR - SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT NO.: 102117 Revised December 20, 2012 01 7123 -3 CONSTRUCTION STAKING AND SURVEY Page 3 of 4 1 (2) Horizontal and vertical points of inflection, curvature, etc. (All 2 Fittings) 3 (3) Cathodic protection test stations 4 (4) Sampling stations 5 (5) Meter boxes/vaults (All sizes) 6 (6) Fire lines 7 (7) Fire hydrants 8 (8) Gate valves 9 (9) Plugs, stubouts, dead-end lines 10 (10) Air Release valves (Manhole rim and vent pipe) I 1 (11) Blow off valves (Manhole rim and valve lid) 12 (12) Pressure plane valves 13 (13) Cleaning wyes 14 (14) Casing pipe (each end) 15 b) Storm Sewer 16 (1) Top of pipe elevations and coordinates at the following locations: 17 (a) Every 250 linear feet 18 (b) Horizontal and vertical points of inflection, curvature, etc. 19 c) Sanitary Sewer 20 (1) Top of pipe elevations and coordinates for sanitary sewer lines at 21 the following locations: 22 (a) Every 250 linear feet 23 (b) Horizontal and vertical points of inflection, curvature, etc. 24 (c) Cleanouts 25 c. Construction survey will be performed in order to maintain complete and 26 accurate logs of control and survey work associated with meeting or exceeding 27 the line and grade required by these Specifications. 28 d. The Contractor will need to ensure coordination is maintained with the 29 City/Developers Surveyor to perform construction survey and to verify control 30 data, including but not limited to the following: 31 1) Established benchmarks and control points provided for the Contractor's 32 use are accurate 33 2) Benchmarks were used to furnish and maintain all reference lines and 34 grades for tunneling 35 3) Lines and grades were used to establish the location of the pipe 36 4) Submit to the City copies of field notes used to establish all lines and 37 grades and allow the City to check guidance system setup prior to 38 beginning each tunneling drive. 39 5) Provide access for the City to verify the guidance system and the line and 40 grade of the carrier pipe on a daily basis. 41 6) The Contractor remains fully responsible for the accuracy of the work and 42 the correction of it, as required. 43 7) Monitor line and grade continuously during construction. 44 8) Record deviation with respect to design line and grade once at each pipe 45 joint and submit daily records to City. 46 9) If the installation does not meet the specified tolerances, immediately notify 47 the City and correct the installation in accordance with the Contract 48 Documents. 49 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH MORNINGSTAR - SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT NO.: 102117 Revised December 20, 2012 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 APPLICATION 9 3.5 REPAIR / RESTORATION [NOT USED] 10 3.6 RE -INSTALLATION [NOT USED] 11 3.7 FIELD [oa] SITE QUALITY CONTROL 12 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 13 City in accordance with this Specification. 14 B. Do not change or relocate stakes or control data without approval from the City. 15 3.8 SYSTEM STARTUP [NOT USED] 16 3.9 ADJUSTING [NOT USED] 17 3.10 CLEANING [NOT USED] 18 3.11 CLOSEOUT ACTIVITIES [NOT USED] 19 3.12 PROTECTION [NOT USED] 20 3.13 MAINTENANCE [NOT USED] 21 3.14 ATTACHMENTS [NOT USED] 22 END OF SECTION 23 24 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D.Johnson CITY OF FORT WORTH MORNINGSTAR - SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT NO.: 102t 17 Revised December 20, 2012 017423-1 CLEANING Page 1 of 1 SECTION 0174 23 2 CLEANING 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including special cleaning of closed 7 systems specified elsewhere 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Scheduling 21 1. Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. 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 STORAGE, AND HANDLING 31 A. Storage and Handling Requirements 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials. CITY OF FORT WORTH MORNINGSTAR— SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.:102117 Revised July 1, 2011 01 74 23 - 2 CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS 4 2.1 OWNER -FURNISHED 10111 OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured surfaces 10 a. Material recommended by manufacturer 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3 - EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION [NOT USED] 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE -INSTALLATION [NOT USED] 20 3.7 FIELD [oRj SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING 24 A. General 25 1. Prevent accumulation of wastes that create hazardous conditions. 26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 27 governing authorities. 28 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 29 storm or sanitary drains or sewers. 30 4. Dispose of degradable debris at an approved solid waste disposal site. 31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 32 alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.:102117 Revised July 1, 2011 01 7423 -3 CLEANING Page 3 of 4 1 6. Handle materials in a controlled manner with as few handlings as possible. 2 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 3 this project. 4 8. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work. 6 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on -site. 9 B. Intermediate Cleaning during Construction 10 1. Keep Work areas clean so as not to hinder health, safety or convenience of 11 personnel in existing facility operations. 12 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 13 3. Confine construction debris daily in strategically located container(s): 14 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 c. Haul from site at a minimum of once per week 17 4. Vacuum clean interior areas when ready to receive finish painting. 18 a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 19 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 20 may become airborne or transported by flowing water during the storm. 21 C. Interior Final Cleaning 22 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other 23 foreign materials from sight -exposed surfaces. 24 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 25 3. Wash and shine glazing and mirrors. 26 4. Polish glossy surfaces to a clear shine. 27 5. Ventilating systems 28 a. Clean permanent filters and replace disposable filters if units were operated 29 during construction. 30 b. Clean ducts, blowers and coils if units were operated without filters during 31 construction. 32 6. Replace all burned out lamps. 33 7. Broom clean process area floors. 34 8. Mop office and control room floors. 35 D. Exterior (Site or Right of Way) Final Cleaning 36 1. Remove trash and debris containers from site. 37 a. Re -seed areas disturbed by location of trash and debris containers in accordance 38 with Section 32 92 13. 39 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 40 that may hinder or disrupt the flow of traffic along the roadway. 41 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 42 junction boxes and inlets. CITY OF FORT WORTH MORNINGSTAR— SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.:102117 Revised July 1, 2011 01 7423 -4 CLEANING Page 4 of 4 1 4. If no longer required for maintenance of erosion facilities, and upon approval by 2 City, remove erosion control from site. 3 5. Clean signs, lights, signals, etc. 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED] 7 3.14 ATTACHMENTS [NOT USED] 8 C M END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.:102117 Revised July I, 2011 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: SECTION 0177 19 CLOSEOUT REQUIREMENTS 01 77 19- 1 CLOSEOUT REQUIREMENTS Pagel of3 6 1. The procedure for closing out a contract 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Guarantees, Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees, bonds, 20 certificates, licenses and affidavits required for Work or equipment as specified are 21 satisfactorily filed with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment will be accepted until satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 SUBMITTALS 26 A. Submit all required documentation to City's Project Representative. 27 28 29 30 31 32 CITY OF FORT WORTH MORNINGSTAR—SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 102117 Revised July 1,2011 01 77 19 - 2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection, submit: 10 1. Project Record Documents in accordance with Section 01 78 39 11 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 12 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 13 01 7423. 14 C. Final Inspection 15 1. After final cleaning, provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection, the City will notify the Contractor, in 19 writing within 10 business days, of any particulars in which this inspection 20 reveals that the Work is defective or incomplete. 21 2. Upon receiving written notice from the City, immediately undertake the Work 22 required to remedy deficiencies and complete the Work to the satisfaction of the 23 City. 24 3. Upon completion of Work associated with the items listed in the City's written 25 notice, inform the City, that the required Work has been completed. Upon receipt 26 of this notice, the City, in the presence of the Contractor, will make a subsequent 27 Final Inspection of the project. 28 4. Provide all special accessories required to place each item of equipment in full 29 operation. These special accessory items include, but are not limited to: 30 a. Specified spare parts 31 b. Adequate oil and grease as required for the first lubrication of the equipment 32 c. Initial fill up of all chemical tanks and fuel tanks 33 d. Light bulbs 34 e. Fuses 35 f. Vault keys 36 g. Handwheels 37 h. Other expendable items as required for initial start-up and operation of all 38 equipment 39 D. Notice of Project Completion CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 102117 Revised July 1,2011 01 77 19-3 CLOSEOUT REQUIREMENTS Page 3 of 3 1 1. Once the City Project Representative finds the Work subsequent to Final Inspection 2 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 3 E. Supporting Documentation 4 1. Coordinate with the City Project Representative to complete the following 5 additional forms: 6 a. Final Payment Request 7 b. Statement of Contract Time 8 c. Affidavit of Payment and Release of Liens 9 d. Consent of Surety to Final Payment 10 e. Pipe Report (if required) 1 1 f. Contractor's Evaluation of City 12 g. Performance Evaluation of Contractor 13 F. better of Final Acceptance 14 1. Upon review and acceptance of Notice of Project Completion and Supporting 15 Documentation, in accordance with General Conditions, City will issue Letter of 16 Final Acceptance and release the Final Payment Request for payment. 17 3.5 REPAIR / RESTORATION [NOT USED] 18 3.6 RE -INSTALLATION [NOT USED] 19 3.7 FIELD loR] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING [NOT USED] 23 3.11 CLOSEOUT ACTIVITIES [NOT USED] 24 3.12 PROTECTION [NOT USED] 25 3.13 MAINTENANCE [NOT USED] 26 3.14 ATTACHMENTS [NOT USED] 27 END OF SECTION 28 29 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 102117 Revised July 1,2011 01 78 39 - 1 PROJECT RECORD DOCUMENTS Page 1 of 4 1 SECTION 0178 39 2 PROJECT RECORD DOCUMENTS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Work associated with the documenting the project and recording changes to project 7 documents, including: 8 a. Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports 11 d. Large Water Meter Reports 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 [NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 25 City's Project Representative. 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 30 A. Accuracy of Records 31 1. Thoroughly coordinate changes within the Record Documents, making adequate 32 and proper entries on each page of Specifications and each sheet of Drawings and 33 other Documents where such entry is required to show the change properly. 34 2. Accuracy of records shall be such that future search for items shown in the Contract 35 Documents may rely reasonably on information obtained from the approved Project 36 Record Documents. CITY OF FORT WORTH MORNINGSTAR — SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.:] 02117 Revised July 1, 2011 01 78 39 - 2 PROJECT RECORD DOCUMENTS Page 2 of 1 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 2 information that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work, both concealed and 4 visible, to enable future modification of the Work to proceed without lengthy and 5 expensive site measurement, investigation and examination. 6 1.10 STORAGE AND HANDLING 7 A. Storage and Handling Requirements 8 1. Maintain the job set of Record Documents completely protected from deterioration 9 and from loss and damage until completion of the Work and transfer of all recorded 10 data to the final Project Record Documents. 11 2. In the event of loss of recorded data, use means necessary to again secure the data 12 to the City's approval. 13 a. In such case, provide replacements to the standards originally required by the 14 Contract Documents. 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS 18 2.1 OWNER -FURNISHED [OR] OWNER -SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 A. Job set 21 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 22 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 23 B. Final Record Documents 24 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 25 the City 1 complete set of all Final Record Drawings in the Contract. 26 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 - EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USED] 32 3.4 MAINTENANCE DOCUMENTS 33 A. Maintenance of Job Set 34 1. Immediately upon receipt of the job set, identify each of the Documents with the 35 title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH MORNINGSTAR— SECTION 8, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.:102117 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 017839-3 PROJECT RECORD DOCUMENTS Page 3 of 4 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 201 I MORNINGSTAR — SECTION 8, PHASE 4 CITY PROJECT NO.:102117 01 78 39 - 4 PROJECT RECORD DOCUMENTS Page 4 of 4 1 2 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 MORNINGSTAR — SECTION 8, PHASE 4 CITY PROJECT NO.:102117 FORTWORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: December 6, 2018 The Fort Worth Water Department's Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department's Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specification will override the Fort Worth Water Department's Standard Specifications and the Fort Worth Water Department's Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department's Standard Specifications or is on the Fort Worth Water Department's Standard Products List. Table of Content (Click on items to go directly to the page) Items Page A. Water & Sewer I. Manholes & Bases/Components........................................................... 1 2. Manholes & Bases/Fiberglass............................................................... 2 3. Manholes & Bases/Frames & Covers/Rectangular ............................... 3 4. Manholes & Bases/Frames & Covers/Round....................................... 4 5. Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight .. 5 6. Manholes & Bases/Precast Concrete .................................................... 6 7. Manholes & Bases/Rehab Systems/Cementitious................................ 7 8. Manholes & Bases/Rehab Systems/NonCementitious ......................... 8 9. Manhole Insert (Field Operations Use Only) ........................................ 9 10. Pipe Casing Spacer............................................................................... 10 11. Pipes/Ductile Iron 11 12. Utility Line Marker............................................................................... 12 B. Sewer 13. Coatings/Epoxy..................................................................................... 13 14. Coatings/Polyurethane.......................................................................... 14 15. Combination Air Valves....................................................................... 15 16. Pipes/Concrete...................................................................................... 16 17. Pipe Enlargement System (Method) ..................................................... 17 18. Pipes/Fiberglass Reinforced Pipe ......................................................... 18 19. Pipes/HDPE.......................................................................................... 19 20. Pipes/PVC (Pressure Sewer)................................................................. 20 21. Pipes/PVC*........................................................................................... 21 22. Pipes/Rehab/CIPP................................................................................. 22 23. Pipes/Rehab/Fold & Form.................................................................... 23 24. Pipes/Open Profile Large Diameter...................................................... 24 C. Water 25. Appurtenances....................................................................................... 25 26. Bolts, Nuts, and Gaskets....................................................................... 26 27. Combination Air Release Valve 27 ........................................................... 28. Dry Barrel Fire Hydrants...................................................................... 28 29. Meters................................................................................................... 29 30. Pipes/PVC (Pressure Water)................................................................. 30 31. Pipes/Valves & Fittings/Ductile Iron Fittings ....................................... 31 32. Pipes/Valves & Fittings/Resilient Seated Gate Valve .......................... 32 33. Pipes/Valves & Fittings/Rubber Seated Butterfly Valve ...................... 33 34. Polyethylene Encasement..................................................................... 34 35. 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