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Contract 53371-PM1
CITY SECRETARYS 33 ? I -nA \ CONTRACT NO.-""'" ~-""'"-"""-~ ..... rr!----- FORT WORTH ~ PROJECT MANUAL FOR THE CONSTRUCTION OF Water and Sanitary Sewer Improvments to Serve Marco Addition (Marco Addition, Lot 3BR, Block 1; Lots 1-R, 2, 3, Block 3) IP R C Record No.1 9-0231 CityProjectNo.102417 FID No. 30114-0200431-102417-E07685 X File No. 26265 Betsy Price Mayor Christopher P. Harder, P.E. Director, Water Department William John son David Cooke City Manager Director, Transportation and Public Works Department Prepared for -~0-il~\\~,. The City of Fort Worth ,,::'":,/ * ··-1..s-*1 '* _. · .• ,, "l\T b 2019 :.,.: ···.•I. 1YOVem er ~ ............................... ,': '-JOHN C. HAMIL TON ~ ~;-{_·····~·;;;;~·····:.:--··· ~ ,,o·. I. .. tnp f:;('f·-.tcrns£.<;?.-·· Ck 1,ssio'NALt~c, ""' ,..,. \,,,,,,,, i, ,,., tea9ue nail & perkins 5237 N. Riverside Drive, Suite 100 Fort Worth, TX 7 6137 817.336.5773 ph 817.336.2813 fx TBPE Registration No. F-230 www.tnpinc.com HAV 15318 OFFiCIAL RECORD CITY SECRETARY FT. WORTH, TX 00 00 10- 1 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 1 of 4 CITY OF FORT WORTH Water and Sanitary Sewer to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102417 Revised September 1, 2015 SECTION 00 00 10 1 TABLE OF CONTENTS 2 DEVELOPER AWARDED PROJECTS 3 4 Division 00 - General Conditions 5 00 11 13 Invitation to Bidders 6 00 21 13 Instructions to Bidders 7 00 41 00 Bid Form 8 00 42 43 Proposal Form Unit Price 9 00 43 13 Bid Bond 10 00 45 11 Bidders Prequalification’s 11 00 45 12 Prequalification Statement 12 00 45 13 Bidder Prequalification Application 13 00 45 26 Contractor Compliance with Workers' Compensation Law 14 00 45 40 Minority Business Enterprise Goal 15 00 52 43 Agreement 16 00 61 25 Certificate of Insurance 17 00 62 13 Performance Bond 18 00 62 14 Payment Bond 19 00 62 19 Maintenance Bond 20 00 72 00 General Conditions 21 00 73 00 Supplementary Conditions 22 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded 23 Projects 24 25 Division 01 - General Requirements 26 01 11 00 Summary of Work 27 01 25 00 Substitution Procedures 28 01 31 19 Preconstruction Meeting 29 01 31 20 Project Meetings 30 01 32 16 Construction Progress Schedule 31 01 32 33 Preconstruction Video 32 01 33 00 Submittals 33 01 35 13 Special Project Procedures 34 01 45 23 Testing and Inspection Services 35 01 50 00 Temporary Facilities and Controls 36 01 55 26 Street Use Permit and Modifications to Traffic Control 37 01 57 13 Storm Water Pollution Prevention Plan 38 01 58 13 Temporary Project Signage 39 01 60 00 Product Requirements 40 01 66 00 Product Storage and Handling Requirements 41 01 70 00 Mobilization and Remobilization 42 01 71 23 Construction Staking 43 01 74 23 Cleaning 44 01 77 19 Closeout Requirements 45 01 78 23 Operation and Maintenance Data 46 01 78 39 Project Record Documents 47 48 00 00 10- 2 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 2 of 4 CITY OF FORT WORTH Water and Sanitary Sewer to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102417 Revised September 1, 2015 Technical Specifications which have been modified by the Engineer specifically for this 1 Project; hard copies are included in the Project’s Contract Documents 2 3 None 4 5 Technical Specifications listed below are included for this Project by reference and can be 6 viewed/downloaded from the City’s Buzzsaw site at: 7 8 htps://projectpoint.buzzsaw.com/client/fortworthgov/Resources/02%20-9 %20Construction%20Documents/Specifications 10 11 Division 02 - Existing Conditions 12 02 41 13 Selective Site Demolition 13 02 41 14 Utility Removal/Abandonment 14 02 41 15 Paving Removal 15 16 Division 03 - Concrete 17 03 30 00 Cast-In-Place Concrete 18 03 34 13 Controlled Low Strength Material (CLSM) 19 03 34 16 Concrete Base Material for Trench Repair 20 03 80 00 Modifications to Existing Concrete Structures 21 22 Division 26 - Electrical 23 26 05 00 Common Work Results for Electrical 24 26 05 10 Demolition for Electrical Systems 25 26 05 33 Raceway and Boxes for Electrical Systems 26 26 05 43 Underground Ducts and Raceways for Electrical Systems 27 28 Division 31 - Earthwork 29 31 10 00 Site Clearing 30 31 23 16 Unclassified Excavation 31 31 23 23 Borrow 32 31 24 00 Embankments 33 31 25 00 Erosion and Sediment Control 34 31 36 00 Gabions 35 31 37 00 Riprap 36 37 Division 32 - Exterior Improvements 38 32 01 17 Permanent Asphalt Paving Repair 39 32 01 18 Temporary Asphalt Paving Repair 40 32 01 29 Concrete Paving Repair 41 32 11 23 Flexible Base Courses 42 32 11 29 Lime Treated Base Courses 43 32 11 33 Cement Treated Base Courses 44 32 12 16 Asphalt Paving 45 32 12 73 Asphalt Paving Crack Sealants 46 32 13 13 Concrete Paving 47 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 48 32 13 73 Concrete Paving Joint Sealants 49 32 14 16 Brick Unit Paving 50 00 00 10- 3 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 3 of 4 CITY OF FORT WORTH Water and Sanitary Sewer to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102417 Revised September 1, 2015 32 16 13 Concrete Curb and Gutters and Valley Gutters 1 32 17 23 Pavement Markings 2 32 31 13 Chain Link Fences and Gates 3 32 31 26 Wire Fences and Gates 4 32 31 29 Wood Fences and Gates 5 32 32 13 Cast-in-Place Concrete Retaining Walls 6 32 91 19 Topsoil Placement and Finishing of Parkways 7 32 92 13 Hydro-Mulching, Seeding, and Sodding 8 32 93 43 Trees and Shrubs 9 10 Division 33 - Utilities 11 33 01 30 Sewer and Manhole Testing 12 33 01 31 Closed Circuit Television (CCTV) Inspection 13 33 03 10 Bypass Pumping of Existing Sewer Systems 14 33 04 10 Joint Bonding and Electrical Isolation 15 33 04 11 Corrosion Control Test Stations 16 33 04 12 Magnesium Anode Cathodic Protection System 17 33 04 30 Temporary Water Services 18 33 04 40 Cleaning and Acceptance Testing of Water Mains 19 33 05 10 Utility Trench Excavation, Embedment, and Backfill 20 33 05 12 Water Line Lowering 21 33 05 13 Frame, Cover and Grade Rings 22 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 23 33 05 16 Concrete Water Vaults 24 33 05 17 Concrete Collars 25 33 05 20 Auger Boring 26 33 05 21 Tunnel Liner Plate 27 33 05 22 Steel Casing Pipe 28 33 05 23 Hand Tunneling 29 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 30 33 05 26 Utility Markers/Locators 31 33 05 30 Exploratory Excavation for Existing Utilities 32 33 11 10 Ductile Iron Pipe 33 33 11 11 Ductile Iron Fittings 34 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 35 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 36 33 11 14 Buried Steel Pipe and Fittings 37 33 11 15 Pre-stressed Concrete Cylinder Pipe 38 33 12 10 Water Services 1-inch to 2-inch 39 33 12 11 Large Water Meters 40 33 12 20 Resilient Seated Gate Valve 41 33 12 21 AWWA Rubber-Seated Butterfly Valves 42 33 12 25 Connection to Existing Water Mains 43 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 44 33 12 40 Dry-Barrel Fire Hydrants 45 33 12 50 Water Sample Stations 46 33 12 60 Blow-off Valves 47 33 31 12 Cured in Place Pipe (CIPP) 48 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 49 33 31 15 HDPE Pipe For Sanitary Sewers (Gravity and Force Mains) 50 00 00 10- 4 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 4 of 4 CITY OF FORT WORTH Water and Sanitary Sewer to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102417 Revised September 1, 2015 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 1 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 2 33 31 22 Sanitary Sewer Slip Lining 3 33 31 23 Sanitary Sewer Pipe Enlargement 4 33 31 50 Sanitary Sewer Service Connections and Service Line 5 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 6 33 39 10 Cast-in-Place Concrete Manholes 7 33 39 20 Precast Concrete Manholes 8 33 39 30 Fiberglass Manholes 9 33 39 40 Wastewater Access Chamber (WAC) 10 33 39 60 Epoxy Liners for Sanitary Sewer Structures 11 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 12 33 41 11 HDPE Storm Sewer Pipe 13 33 46 00 Sub drainage 14 33 46 01 Slotted Storm Drains 15 33 46 02 Trench Drains 16 33 49 10 Cast-in-Place Manholes and Junction Boxes 17 33 49 20 Curb and Drop Inlets 18 33 49 40 Storm Drainage Headwalls and Wingwalls 19 20 Division 34 – Transportation 21 34 41 10 Traffic Signals 22 34 41 13 Removing Traffic Signals 23 34 41 20 Roadway Illumination Assemblies 24 34 41 30 Aluminum Signs 25 34 71 13 Traffic Control 26 27 28 Appendix 29 GC-4.01 Availability of Lands 30 GC-4.02 Subsurface and Physical Conditions 31 GC-4.04 Underground Facilities 32 GC-4.06 Hazardous Environmental Condition at Site 33 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 34 GC-6.07 Wage Rates 35 GC-6.09 Permits and Utilities 36 GC-6.24 Nondiscrimination 37 GR-01 60 00 Product Requirements 38 39 END OF SECTION 40 00 42 43 DAP - BID PROPOSAL Page I of 7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item No. Description Specification Unit of Bid Unit Price Bid Value Section No. Measure Quantity UNIT I: WATER IMPROVEMENTS 1 0241.1118 4"-12" Pressure Plug 0241 14 EA 5 $62.00 $310.00 2 3137.0104 Medium Stone Riprap, dry 31 3700 SY 112 $110.00 $12,320.00 3 3305.0109 Trench Safety 33 05 10 LF 4188 $1.00 $4,188.00 4 3305.1103 20" Casing By Other Than Open Cut 33 05 22 LF 110 $319.00 $35,090.00 5 3311.0001 Ductile Iron Water Fittings w/ Restraint 3311 11 TON 4.6 $6,896.00 $31,721.60 6 3311.0061 4" PVC Water Pipe 3311 12 LF 53 $34.00 $1,802.00 7 3311.0261 8" PVC Water Pipe 3311 12 LF 178 $40.00 $7,120.00 83311.0361 10" PVC Water Pipe 3311 12 LF 53 $42.00 $2,226.00 9 3311.0451 12" DIP Water 3311 10 LF 110 $68.00 $7,480.00 10 3311.0461 12" PVC Water Pipe 3311 12 LF 4066 $38.00 $154,508.00 11 3311.0467 12" PVC Water Pipe, CLSM Backfill 3311 12 LF 80 $54.00 $4,320.00 12 3312.0001 Fire Hydrant 33 12 40 EA 7 $4,555.29 $31,887.00 13 3312.0106 Connection to Existing 16" Water Main 33 12 25 EA 1 $1,305.00 $1,305.00 14 3312.0117 Connection to Existing 4"-12" Water Main 33 12 25 EA 3 $3,206.00 $9,618.00 15 3312.2203 2" Water Service 33 12 10 EA 5 $1,801.00 $9,005.00 16 3312.2204 2" Private Water Service 33 12 10 LF 130 $45.00 $5,850.00 17 3312.2802 4" Water Meter and Vault 33 12 11 EA 1 $13,514.00 $13,514.00 18 3312.3002 6" Gate Valve 33 12 20 EA 1 $1,131.00 $1,131.00 19 3312.3003 8" Gate Valve 33 12 20 EA 4 $1,512.00 $6,048.00 20 3312.3004 10" Gate Valve 33 12 20 EA 1 $2,108.00 $2,108.00 21 3312.3005 12" Gate Valve 33 12 20 EA 9 $2,454.00 $22,086.00 22 3312.4114 16" x 12" Tapping Sleeve & Valve 33 12 25 EA 1 $16,632.00 $16,632.00 23 3471.0001 Traffic Control 3471 13 LS 1 $2,750.00 $2,750.00 24 9999.0001 12"x8" Cut -In Tee 1 33 12 25 1 EA 1 1 $3,609.40 $3,609.40 TOTAL UNIT I: WATER IMPROVEMENTS1 $386,629.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 19042 - 00 42 43_Bid Proposal_DAP (2) 00 42 43 DAP - BID PROPOSAL Page 2 of 7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Unit of Bid Unit Price Bid Value Section No. Measure Quantity UNIT II: SANITARY SEWER IMPROVEMENTS 1 0241.2013 Remove 8" Sewer Line 0241 14 LF 36 $42.00 $1,512.00 2 0241.2102 6" Sewer Abandonment Plug 0241 14 EA 2 $1,086.25 $2,172.50 3 0241.2103 8" Sewer Abandonment Plug 0241 14 EA 1 $1,655.00 $1,655.00 4 0241.2201 Remove 4' Sewer Manhole 0241 14 EA 1 $1,140.00 $1,140.00 5 3301.0002 Post -CCTV Inspection 3301 31 LF 698 $1.00 $698.00 6 3301.0101 Manhole Vacuum Testing 3301 30 EA 7 $125.00 $875.00 7 3305.0109 Trench Safety 33 05 10 LF 698 $1.00 $698.00 8 3305.0113 Trench Water Stops 33 05 15 EA 2 $1,503.00 $3,006.00 3311 10 9 3331.4108 6" Sewer Pipe 3331 12 LF 100 $32.00 $3,200.00 3331 20 3311 10 10 3331.4115 8" Sewer Pipe 3331 12 LF 718 $38.00 $27,284.00 3331 20 3311 10 11 3331.4116 8" Sewer Pipe, CSS Backfill 3331 12 LF 20 $243.00 $4,860.00 3331 20 12 3339.0001 Epoxy Manhole Liner 33 39 60 VF 30.9 $250.00 $7,725.00 13 3339.1001 4' Manhole 33 39 10 EA 6 $2,512.00 $15,072.00 33 39 20 14 3339.1003 4' Extra Depth Manhole 33 39 10 VF 25.5 $225.00 $5,737.50 33 39 20 15 9999.0002 Connect to Existing Manhole 33 39 10 EA 1 $5,424.00 $5,424.00 33 39 20 3311 10 16 9999.0003 Connect to Existing Sewer 3331 12 EA 1 $5,275.00 $5,275.00 3331 20 TOTAL UNIT Ik SANITARY SEWER IMPROVEMENTS $86,334.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22. 2019 19042 - 00 42 43_Bid Proposal -DAP (2) 00 42 43 DAP - BID PROPOSAL Page 3 of 7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No. Description Unit Price Bid Value Section No. I Measure I Quantity CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22,2019 19042 - 00 42 43_Bid Proposal_DAP (2) 00 42 43 DAP BID PROPOSAL Page 4 of 7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM 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 TOTAL UNIT IV: PAVING IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 19042 - 00 42 43 Bid Proposal DAP (2) 00 42 43 DAP - BID PROPOSAL Page 5 of 7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price No. Bid Value Section No. Measure Quantity UNIT V: STREET LIGHTING IMPROVEMENTS T TAL UNIT V: STREET LIGHTING IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 19042 - 00 42 43_Btd Proposal —DAP (2) 00 42 43 DAP - BID PROPOSAL Page 6 of 7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM 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 VI: TRAFFIC SIGNAL IMPROVEMENTS TOTAL UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 19042 - 00 42 43_Bid Proposal_DAP (2) "D 42 43 DAP BID PROPOSAL Page 7 of 7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bldlist Item Specification Unit of Bid No Description Unit Price Bid Value Section No. Measure Quantity Bid Summary UNIT I: WATER IMPROVEMENTS $386,629.00 UNIT II: SANITARY SEWER IMPROVEMENTS $86.334.00 U 6 This Bid is submitted by the entity named below: BIDDER: Wright conshvciton Co., Inc. 601. %N'. Wall Street Grapey inc, TX 76051 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Total Construction Bidl $472,963.00 BY: -D-,iN id�Pelts TITLE: Sr. Project Nlan�ager DATE: 12/10 2019 40 working days after the date when the 19042 - 00 42 43 _Bid Proposal_DAP (2) 00 45 11 - 1 BIDDERS PREQUALIFICATIONS Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised April 2, 2014 SECTION 00 45 11 BIDDERS PREQUALIFICATIONS 1. Summary. All contractors are required to be prequalified by the City prior to submitting bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder Prequalification Application in accordance with the requirements below. The prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. The information must be submitted seven (7) days prior to the date of the opening of bids. For example, a contractor wishing to submit bids on projects to be opened on the 7th of April must file the information by the 31st day of March in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder’s Prequalification Application, the following must accompany the submission. a. A complete set of audited or reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements, if any b. A certified copy of the firm’s organizational documents (Corporate Charter, Articles of Incorporation, Articles of Organization, Certificate of Formation, LLC Regulations, Certificate of Limited Partnership Agreement). c. A completed Bidder Prequalification Application. (1) The firm’s Texas Taxpayer Identification Number as issued by the Texas Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/taxpermit/ and fill out the application to apply for your Texas tax ID. (2) The firm’s e-mail address and fax number. (3) The firm’s DUNS number as issued by Dun & Bradstreet. This number is used by the City for required reporting on Federal Aid projects. The DUNS number may be obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification. These resumes should include the size and scope of the work performed. e. Other information as requested by the City. 2. Prequalification Requirements a. Financial Statements. Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a certified copy be submitted for consideration. 00 45 11 - 2 BIDDERS PREQUALIFICATIONS Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised April 2, 2014 (2) To be satisfactory, the financial statements must be audited or reviewed by an independent, certified public accounting firm registered and in good standing in any state. Current Texas statues also require that accounting firms performing audits or reviews on business entities within the State of Texas be properly licensed or registered with the Texas State Board of Public Accountancy. (3) The accounting firm should state in the audit report or review whether the contractor is an individual, corporation, or limited liability company. (4) Financial Statements must be presented in U.S. dollars at the current rate of exchange of the Balance Sheet date. (5) The City will not recognize any certified public accountant as independent who is not, in fact, independent. (6) The accountant’s opinion on the financial statements of the contracting company should state that the audit or review has been conducted in accordance with auditing standards generally accepted in the United States of America. This must be stated in the accounting firm’s opinion. It should: (1) express an unqualified opinion, or (2) express a qualified opinion on the statements taken as a whole. (7) The City reserves the right to require a new statement at any time. (8) The financial statement must be prepared as of the last day of any month, not more than one year old and must be on file with the City 16 months thereafter, in accordance with Paragraph 1. (9) The City will determine a contractor’s bidding capacity for the purposes of awarding contracts. Bidding capacity is determined by multiplying the positive net working capital (working capital = current assets – current liabilities) by a factor of 10. Only those statements reflecting a positive net working capital position will be considered satisfactory for prequalification purposes. (10) In the case that a bidding date falls within the time a new financial statement is being prepared, the previous statement shall be updated with proper verification. b. Bidder Prequalification Application. A Bidder Prequalification Application must be submitted along with audited or reviewed financial statements by firms wishing to be eligible to bid on all classes of construction and maintenance projects. Incomplete Applications will be rejected. (1) In those schedules where there is nothing to report, the notation of “None” or “N/A” should be inserted. (2) A minimum of five (5) references of related work must be provided. (3) Submission of an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which the Contactor is seeking prequalification. The schedule must include the manufacturer, model and general common description of each piece of equipment. Abbreviations or means of describing equipment other than provided above will not be accepted. 3. Eligibility to Bid a. The City shall be the sole judge as to a contractor’s prequalification. b. The City may reject, suspend, or modify any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. c. The City will issue a letter as to the status of the prequalification approval. 00 45 11 - 3 BIDDERS PREQUALIFICATIONS Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised April 2, 2014 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid the prequalified work types until the expiration date stated in the letter. END OF SECTION 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. In the "Major Work Type" box provide the complete major work We and actual description as provided by the Water Department for water and sewer and TPW for paving_ Major Work Type Contractor/Subcontractor Company Name Prequalifcation Expiration Date Water Distribution — 12-inch Wright Construction Co., Inc 4-30-2020 diameter and smaller Sewer Collection System — 8- Wright Construction Co., Inc 4-30-2020 inch and smaller The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Wright Construction Co., Inc 601 W. Wall Street Grapevine, Texas 76051 DATE: 12-3 -19 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWARDED PROJECTS Prequalification Statement 2015—DAP Form Version September 1, 2015 SECTION 00 45 13 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet , Mark only one: Individual Limited Partnership General Partnership Corporation Limited Liability Company Post Office Box City State Zip Code Street Address (required) City State Zip Code ( ) ( ) Telephone Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102-6311 AND MARK THE ENVELOPE: “BIDDER PREQUALIFICATION APPLICATION” Name under which you wish to qualify 00 45 13 - 2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s) which are applicable – Block 3 is to be left blank if Block 1 and/or Block 2 is checked) Has fewer than 100 employees and/or Has less than $6,000,000.00 in annual gross receipts OR Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring - 24-inch diameter casing and less Augur Boring - Greater than 24-inch diameter casing and greater Tunneling – 36-Inches – 60 –inches, and 350 LF or less Tunneling - 36-Inches – 60 –inches, and greater than 350 LF Tunneling – 66” and greater, 350 LF and greater Tunneling – 66” and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller Water Distribution, Urban and Renewal, 12-inch diameter and smaller Water Transmission, Development, 24-inches and smaller Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission, Development, 42-inches and smaller Water Transmission, Urban/Renewal, 42-inches and smaller Water Transmission, Development, All Sizes Water Transmission, Urban/Renewal, All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches – 36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches and smaller CCTV, 42-inches and smaller CCTV, 48-inches and smaller 00 45 13 - 3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 MAJOR WORK CATEGORIES, CONTINUED Sewer CIPP, 12-inches and smaller Sewer CIPP, 24-inches and smaller Sewer CIPP, 42-inches and smaller Sewer CIPP, All Sizes Sewer Collection System, Development, 8-inches and smaller Sewer Collection System, Urban/Renewal, 8-inches and smaller Sewer Collection System, Development, 12-inches and smaller Sewer Collection System, Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal, 24-inches and smaller Sewer Interceptors, Development, 42-inches and smaller Sewer Interceptors, Urban/Renewal, 42-inches and smaller Sewer Interceptors, Development, 48-inches and smaller Sewer Interceptors, Urban/Renewal, 48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement, All Sizes Sewer Cleaning , 24-inches and smaller Sewer Cleaning , 42-inches and smaller Sewer Cleaning , All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction (15,000 square yards and GREATER) Asphalt Paving Heavy Maintenance (UNDER $1,000,000) Asphalt Paving Heavy Maintenance ($1,000,000 and OVER) Concrete Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Concrete Paving Construction/Reconstruction (15,000 square yards and GREATER) Roadway and Pedestrian Lighting 00 45 13 - 4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: 3. How many years of experience in construction work has your organization had: (a) As a General Contractor: (b) As a Sub-Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CONTRACT AMOUNT CLASS OF WORK DATE COMPLETED LOCATION CITY-COUNTY- STATE NAME AND DETAILED ADDRESS OF OFFICIAL TO WHOM YOU REFER *If requalifying only show work performed since last statement. 5. Have you ever failed to complete any work awarded to you? If so, where and why? 6. Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so, state the name of the individual, other organization and reason. 7. Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual, name of owner and reason. 00 45 13 - 5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so, when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? NAME PRESENT POSITION OR OFFICE YEARS OF EXPERIENCE MAGNITUDE AND TYPE OF WORK IN WHAT CAPACITY 13. If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the same household with a City employee, please list the name of the City employee and the relationship. In addition, list any City employee who is the spouse, child, or parent of an owner, officer, stockholder, or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition. This includes foster children or those related by adoption or marriage. 00 45 13 - 6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: Date of Incorporation State of Organization Charter/File No. Date of organization President Is partnership general, limited, or registered limited liability partnership? Vice Presidents File No. (if Limited Partnership) General Partners/Officers Secretary Limited Partners (if applicable) Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Individuals authorized to sign for Partnership Officers or Managers (with titles, if any) Except for limited partners, the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals, please attach a certified copy of the corporate resolution, corporate minutes, partnership agreement, power of attorney or other legal documentation which grants this authority. 00 45 13 - 7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 14. Equipment $_______________ TOTAL ITEM QUANTITY ITEM DESCRIPTION BALANCE SHEET VALUE 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 Various- TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various". The City, by allowing you to show only 30 types of equipment, reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include, the manufacturer, model, and general common description of each. 00 45 13 - 8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force, necessary to verify said statement. _______________________________________________, being duly sworn, deposes and says that he/she is the __________________________________ of ___________________________, the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of , Notary Public Notary Public must not be an officer, director, or stockholder or relative thereof. 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I 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. 102417. 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: Wright Construction Co., Inc Company 601 W. Wall St. Address Grapevine Texas 76051 City/State/Zip THE STATE OF TEXAS § COUNTY OFTARRANT § President Title: (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared Kyle Marsh—, 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 President or the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3rd_day of December, 2019. 1 ?o.;�"'-°bed DEB DONALDSON *� �* Notary Public STATE OF TEXAS Notary Public in and for the State of Texas �O My Comm. Exp.1-24.2021 END OF SECTION CITY OF FORT WORTH Water and Sanitary Seiver Improvements to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102417 Revised April 2, 2014 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on %bX is made by and between ALM 4 Ft Worth, LLC authorized to do business in Texas ("Developer") , and The Conlan Company, 5 authorized to do business in Texas, acting by and through its duly authorized representative, 6 ("Contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 1 1 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Water and Sanitary Sewer Improvements to Serve Marco Addition 16 102417 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within Forty (40) calendar days after the 23 date when the Contract Time commences to run as provided in Paragraph 12.04 of the 24 Standard City Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer 27 will suffer financial loss if the Work is not completed within the times specified in 28 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 29 the Standard City Conditions of the Construction Contract for Developer Awarded 30 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 31 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 32 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 33 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 Developer Zero Dollars ($0) for each day that expires after the time specified in 35 Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 102417 Revised June 16, 2016 005243-2 Developer Awarded Project Agreement Page 2 of I 36 Article 4. CONTRACT PRICE 37 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of Four Hundred Seventy -Two Thousand Nine Hundred 39 Sixty -Three Dollars ($472,963.00). 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between Developer and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form (As provided by Developer) 47 1) Proposal Form (DAP Version) 48 2) Prequalification Statement 49 3) State and Federal documents (project specific) 50 b. Insurance ACORD Form(s) 51 c. Payment Bond (DAP Version) 52 d. Performance Bond (DAP Version) 53 e. Maintenance Bond (DAP Version) 54 f. Power of Attorney for the Bonds 55 g. Worker's Compensation Affidavit 56 h. MBE and/or SBE Commitment Form (If required) 57 3. Standard City General Conditions of the Construction Contract for Developer 58 Awarded Projects. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment 61 or, if not attached, as incorporated by reference and described in the Table of 62 Contents of the Project's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 73 CITY OF FORT WORTH Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 102417 Revised June 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of I 74 Article 6. INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of, the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. This indemnification provision is specifically intended to operate 80 and be effective even if it is alleged or proven that all or some of the damages being 81 sought were caused, in whole or in part, by any act, omission or negligence of the city. 82 This indemnity provision is intended to include, without limitation, indemnity for 83 costs, expenses and legal fees incurred by the city in defending against such claims and 84 causes of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city, its officers, servants and employees, from and against any and all loss, damage 88 or destruction of property of the city, arising out of, or alleged to arise out of, the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification 91 provision is specifically intended to operate and be effective even if it is alleged or 92 proven that all or some of the damages being sought were caused, in whole or in part, 93 by anv act. omission or negligence of the citv. 94 95 Article 7. MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement are defined in Article I of the Standard City Conditions of 98 the Construction Contract for Developer Awarded Projects. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the Developer. 102 7.3 Successors and Assigns. 103 Developer and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon DEVELOPER and 110 CONTRACTOR. 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 102417 Revised June 16, 2016 005243-4 Developer Awarded Project Agreement Page 4 of 1 Hmi 116 7.6 Authority to Sign. 117 Contractor shall attach evidence of authority to sign Agreement, if other than duly 118 authorized signatory of the Contractor. 119 120 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 121 counterparts. 122 123 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 124 Contractor: Developer: The Conlan Comp ny, ALM Ft Worth, LLC, a Georgia coyion _ a Texas limited liability company 125 By: Name: >enTiorroject ratcher Title: Manager Company Name: The Conlan Company Address: 1501 LBJ Freeway Suite 550 City/State/Zip: Farmers Branch, TX, 75234 Date 1 - 0 ONW a'b By: LM Logistics REIT, a Texas real estate investment Trust, its sole member By: _L 5 Name: David J. Buck Title: Executive Managing Director /,1 ; Company name: LM Logistics REIT Address: 9830 Colonnade Blvd, Ste 600 City/State/Zip: San Antonio, TX 78230 Date V— 3 -moo CITY OF FORT WORTH Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 102417 Revised June 16, 2016 This page has been left blank intentionally. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 Account Number Named Insured Agency Issuing Company 1. a. SECTION II - WHO IS AN INSURED is amended to add as an additional insured any person or organization: (1) Whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business; or (2) Who is named as an additional insured under this policy on a certificate of insurance. b. The written contract, written agreement, or certificate of insurance 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: Includes copyrighted material of Insurance Services Office, Inc. CG 70 48 10 15 Pages 1 of 4 CPP205094111 01/01/2019 01/01/2020 The Conlan Company (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. (3) Completed operations coverage, but only if: (a) The written contract, written agreement, or certificate of insurance 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, written agreement, or certificate of insurance: (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 37 10 01; then the phrase “caused, in whole or in part, by” in paragraph 2.a. above is replaced by “arising out of”. c. If the written contract, written agreement, or certificate of insurance 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; (3) Certificate of insurance; or (4) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 4 CG 70 48 10 15 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; (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, written agreement, or certificate of insurance 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. i. If the written contract, written agreement, or certificate of insurance as outlined above requires additional insured status by use of CG 20 10 11 85, then the coverage provided under this CG 70 48 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. ADDITIONAL INSURED - OWNERS, LESSEES OR 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, Agreement, or Certificate of Insurance 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 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Includes copyrighted material of Insurance Services Office, Inc. CG 70 48 10 15 Pages 3 of 4 j. 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. Page 4 of 4 CG 70 48 10 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION I - COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. EXCLUSIONS, provisions 1. through 6. of this endorsement amend the policy as follows: 1. LIQUOR LIABILITY Exclusion c. Liquor Liability is deleted. 2. NONOWNED WATERCRAFT AND NONOWNED AIRCRAFT (HIRED, RENTED OR LOANED WITH PAID CREW) Exclusion g. Aircraft, Auto or Watercraft, paragraph (2)is deleted and replaced with the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; Exclusion g. Aircraft, Auto or Watercraft, paragraph (6) is added as follows: (6) An aircraft that you do not own that is: (a) Hired; (b) Rented; or (c) Loaned to you; with paid crew for a period of five (5) consecutive days or less. Paragraph (6) does not apply if the insured has any other insurance for “bodily injury or “property damage” liability for such aircraft, whether such other insurance is primary, excess, contingent or on any other basis. 3. PREMISES ALIENATED A. Exclusion j. Damage to Property, paragraph (2) is deleted. B. The following paragraph is also deleted from Exclusion j. Damage to Property: Paragraph (2) of this exclusion does not apply if the premises are “your work” and were never occupied, rented or held for rental by you. 4. PROPERTY DAMAGE LIABILITY - ELEVATORS AND SIDETRACK AGREEMENTS A. Exclusion j. Damage to Property, paragraphs (3), (4), and (6) do not apply to the use of elevators. B. Exclusion k. Damage to Your Product does not apply to: 1. The use of elevators; or 2. Liability assumed under a sidetrack agreement. 5. PROPERTY DAMAGE LIABILITY - BORROWED EQUIPMENT A. Exclusion j. Damage to Property, paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 11 09 Page 1 of 10 B. With respect to any one borrowed equipment item, provision 5.A. above does not apply to "property damage" that exceeds $25,000 per occurrence or $25,000 annual aggregate. 6. PRODUCT RECALL EXPENSE A.Exclusion n. Recall Of Products, Work Or Impaired Property does not apply to “product recall expenses” that you incur for the “covered recall” of “your product”. This exception to the exclusion does not apply to “product recall expenses” resulting from: 1. Failure of any products to accomplish their intended purpose; 2. Breach of warranties of fitness, quality, durability or performance; 3. Loss of customer approval or any cost incurred to regain customer approval; 4. Redistribution or replacement of “your product”, which has been recalled, by like products or substitutes; 5. Caprice or whim of the insured; 6. A condition likely to cause loss, about which any insured knew or had reason to know at the inception of this insurance; 7. Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; 8. Recall of “your product(s)” that have no known or suspected defect solely because a known or suspected defect in another of “your product(s)” has been found. B.Under SECTION III – LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and paragraph 8. is added: 3. The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of: a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY because of “bodily injury” and “property damage” included in the “products-completed operations hazard” and b. “Product recall expenses”. 8. Subject to paragraph 5.above, $25,000 is the most we will pay for all “product recall expenses” arising out of the same defect or deficiency. The insurance afforded by provisions 1. through 6. of this endorsement is excess over any valid and collectible insurance (including any deductible) available to the insured whether primary, excess or contingent, and SECTION IV.,paragraph 4. Other Insurance is changed accordingly. 7. BLANKET CONTRACTUAL LIABILITY – RAILROADS When a written contract or written agreement requires Contractual Liability - Railroads, the definition of "insured contract" in Section V - Definitions is replaced by the following with respect to operations performed for, or affecting, a railroad: 9. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 10 CG 70 49 11 09 e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. 8. CONTRACTUAL LIABILITY - PERSONAL AND ADVERTISING INJURY Under SECTION 1 - COVERAGE B., paragraph 2. Exclusions, paragraph e. Contractual Liability is deleted. 9. SUPPLEMENTARY PAYMENTS Under SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, paragraphs 1.b. and 1.d. are deleted and 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. 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. 10. BROADENED WHO IS AN INSURED SECTION II - WHO IS AN INSURED is deleted and replaced with the following: 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 11 09 Page 3 of 10 2. Each of the following is also an insured: a. Your “volunteer workers” only while performing duties related to the conduct of your business, or your "employees," other than either your "executive officers," (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or “volunteer workers” are insured for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other “volunteer workers” while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or “volunteer worker” as a consequence of paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services except as provided in provision 11. of this endorsement. Paragraphs (1)(a), (1)(b) and (1)(c) above do not apply to your “employees” who are: (i) Managers; (ii) Supervisors; (iii) Directors; or (iv) Officers; with respect to “bodily injury” to a co-“employee”. (2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees," “volunteer workers”, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or “volunteer worker”), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only; (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form. 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. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 10 CG 70 49 11 09 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. f.(1) Any person or organization, other than an architect, engineer or surveyor, required to be named as an additional insured in a "work contract", letter of intent or work order. However, such person or organization shall be an additional insured only with respect to covered "bodily injury," "property damage," and "personal and advertising injury" arising out of “your work" under that "work contract", letter of intent or work order. (2) We will provide additional insured coverage to such person or organization only: (a) for a period of 30 days after the effective date of the applicable "work contract", letter of intent or work order; or (b) until the end of the policy term in effect at the inception of the applicable “work contract”, letter of intent or work order; whichever is earlier. (3) Coverage provided under this paragraph f. is excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent, or on any other basis unless the “work contract”, letter of intent or work order requires this insurance be primary, in which case this insurance will be primary without contribution from such other insurance available to the additional insured. (4) This paragraph f. does not apply if form CG 70 48, Contractors Blanket Additional Insured Endorsement, is attached to the policy. g.Any person or organization to whom you are obligated by virtue of a written contract to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the maintenance or use of that part of any premises leased to you, including common or public areas about such premises if so required in the contract. However, no such person or organization is an insured with respect to: (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. Any state or political subdivision but only as respects legal liability incurred by the state or political subdivision solely because it has issued a permit with respect to operations performed by you or on your behalf. However, no state or political subdivision is an insured with respect to: (1) "Bodily injury", "property damage", and "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products-completed operations hazard." i. Any person or organization who is the lessor of equipment leased to you to whom you are obligated by virtue of a written contact to provide insurance such as is afforded by this policy, but only with respect to their liability arising out of the maintenance, operation or use of such equipment by you or a subcontractor on your behalf with your permission and under your supervision. However, no such person or organization is an insured with respect to any "occurrence" that takes place after the equipment lease expires. j. Any architect, engineer, or surveyor engaged by you but only with respect to liability arising out of your premises or "your work." Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 11 09 Page 5 of 10 However, no architect, engineer, or surveyor is an insured with respect to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection, or engineering services. This paragraph j. does not apply if form CG 70 48, Contractors Blanket Additional Insured Endorsement, is attached to the policy. k. Any manager, owner, lessor, mortgagee, assignee or receiver of premises, including land leased to you, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises or land leased to you. However, no such person or organization is an insured with respect to: (1) Any "occurrence" that takes place after you cease to occupy that premises, or cease to lease the land; or (2) Structural alteration, new construction or demolition operations performed by or on behalf of that person or organization. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded until the end of the policy period. b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 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. 4. Any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance is an insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" that are distributed or sold in the regular course of the vendor's business. However, no such person or organization is an insured with respect 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 the absence of the contract or agreement. b. Any express warranty unauthorized by you; c. Any physical or chemical change in “your product” made intentionally by the vendor; d. Repackaging, except when 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 “your products”; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of “your product”; Includes copyrighted material of Insurance Services Office, Inc. Page 6 of 10 CG 70 49 11 09 g. “Your 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. 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 employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in subparagraphs d. or f.; or (2) 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. This insurance does not apply to any insured person or organization from which you have acquired “your products”, or any ingredient, part, or container, entering into, accompanying or containing “your products”. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 11. INCIDENTAL MALPRACTICE LIABILITY As respects provision 10., SECTION II - WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical services, provided that you are not engaged in the business or occupation of providing such services, and your “employee” does not have any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Under SECTION III - LIMITS OF INSURANCE, provisions 12. through 14. of this endorsement amend the policy as follows: 12. AGGREGATE LIMITS PER PROJECT The General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to you. 13. INCREASED MEDICAL PAYMENTS LIMIT AND REPORTING PERIOD A.The requirement under SECTION I - COVERAGE C MEDICAL PAYMENTS that expenses be incurred and reported to us within one year of the date of the accident is changed to three years. B.SECTION III - LIMITS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to all of the terms of SECTION III - LIMITS OF INSURANCE and is the greater of: 1. $10,000; or 2. The amount shown in the Declarations for Medical Expense Limit. C. This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Form or by endorsement. 14. DAMAGE TO PREMISES RENTED TO YOU – SPECIFIC PERILS A.The word fire is changed to "specific perils" where it appears in: 1.The last paragraph of SECTION I – COVERAGE A, paragraph 2. Exclusions; 2. SECTION IV, paragraph 4.b. Excess Insurance. B. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the same event, whether such damage results from a "specific peril" or any combination of "specific perils." C. The Damage To Premises Rented To You Limit described in SECTION III - LIMITS OF INSURANCE, paragraph 6., is replaced by a new limit, which is the greater of: 1. $1,000,000; or Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 11 09 Page 7 of 10 2. The amount shown in the Declarations for Damage To Premises Rented To You Limit. D. This provision 14.does not apply if the Damage To Premises Rented To You Limit of SECTION I - COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement. Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 15. through 17. of this endorsement amend the policy as follows: 15. KNOWLEDGE OF OCCURRENCE Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a. is deleted and replaced and paragraphs e.and f. are added as follows: a.You must see to it that we are notified as soon as practicable of an "occurrence" or an offense, regardless of the amount, which may result in a claim. Knowledge of an "occurrence" or an offense by your “employee(s)” shall not, in itself, constitute knowledge to you unless one of your partners, members, “executive officers”, directors, or managers has knowledge of the "occurrence" or offense. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. 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 you become aware that this “occurrence” may be a liability claim rather than a workers compensation claim. f.You must see to it that the following are done in the event of an actual or anticipated “covered recall” that may result in “product recall expense”: (1) Give us prompt notice of any discovery or notification that “your product” must be withdrawn or recalled. Include a description of “your product” and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under the insurance. 16. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; c. We have issued this policy in reliance upon your representations; and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. We will not deny coverage under this coverage part if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be covered by the Coverage Form as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. Includes copyrighted material of Insurance Services Office, Inc. Page 8 of 10 CG 70 49 11 09 17. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. However, if the insured has waived rights to recover through a written contract, or if "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 18. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Paragraph 2.b.of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the following: b. 60 days before the effective date of the cancellation if we cancel for any other reason. Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not Renew is deleted and replaced with the following: 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 19. MOBILE EQUIPMENT REDEFINED Under SECTION V - DEFINITIONS, paragraph 12. "Mobile equipment", paragraph f. (1) does not apply to self- propelled vehicles of less than 1,000 pounds gross vehicle weight. 20. DEFINITIONS 1. SECTION V – DEFINITIONS, paragraph 4. “Coverage territory” is replaced by the following definition: “Coverage territory” means anywhere in the world with respect to liability arising out of “bodily injury,” “property damage,” or “personal and advertising injury,” including “personal and advertising injury” offenses that take place through the Internet or similar electronic means of communication provided the insured’s responsibility to pay damages is determined in a settlement to which we agree or in a “suit” on the merits, in the United States of America (including its territories and possessions), Puerto Rico and Canada. 2. SECTION V – DEFINITIONS is amended by the addition of the following definitions: “Covered recall” means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in “your product” has resulted or will result in “bodily injury” or “property damage”. “Product Recall expenses" mean only reasonable and necessary extra costs, which result from or are related to the recall or withdrawal of “your product” for: a. Telephone and telegraphic communication, radio or television announcements, computer time and newspaper advertising; b. Stationery, envelopes, production of announcements and postage or facsimiles; c. Remuneration paid to regular employees for necessary overtime or authorized travel expense; d. Temporary hiring by you or by agents designated by you of persons, other than your regular employees, to perform necessary tasks; Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 11 09 Page 9 of 10 e. Rental of necessary additional warehouse or storage space; f. Packaging of or transportation or shipping of defective products to the location you designate; and g. Disposal of “your products” that cannot be reused. Disposal expenses do not include: (1) Expenses that exceed the original cost of the materials incurred to manufacture or process such product; and (2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary to avoid “bodily injury” or “property damage”. "Specific Perils" means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water damage". "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. "Work contract" means a written agreement between you and one or more parties for work to be performed by you or on your behalf. Includes copyrighted material of Insurance Services Office, Inc. Page 10 of 10 CG 70 49 11 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement is $ INCLUDED 1. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS -CANCELLATION, Paragraph A.2. is replaced by the following: 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROADFORMINSURED SECTION II -LIABILITY COVERAGE A.1. WHO IS AN INSURED is amended by the addition of the following: d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or a majority interest, will qualify as a Named Insured. However. (1) Coverage under this provision is afforded only until the end of the policy period; (2) Coverage does not apply to "accidents" or "loss" that occurred before you acquired or formed the organization; and (3) Coverage does not apply to an organization that is an "insured" under any other policy or would be an "insured" but for its termination or the exhausting of its limit of insurance. e. Any "employee" of yours using: (1) A covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by the "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) An "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household. f. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire, or borrow. while performing duties related to the conduct of your business or your personal affairs. g. Any person or organization with whom you agree in a written contract, written agreement or permit, to provide insurance such as is afforded under this policy, but only with respect to your covered "autos". This provision does not apply: (1) Unless the written contract or agreement is executed or the permit is issued prior to the "bodily injury" or "property damage"; lnclud€s copyrighted materia~ of Insurance Services Office, Inc. CA 71 15 11 09 Page 1 of 5 The Conlan Company CA2050943110 (2) To any person or organization included as an insured by an endorsement or in the Declarations; or (3) To any lessor of "autos" unless: (a) The lease agreement requires you to provide direct primary insurance for the lessor; (b) The "auto" is leased without a driver; and (c) The lease had not expired. Leased "autos" covered under this provision will be considered covered "autos" you own and not covered "autos" you hire. h. Any legally incorporated organization or subsidiary in which you own more than 50% of the voting stock on the effective date of this endorsement. This provision does not apply to "bodily injury" or "property damage" for which an "insured" is also an insured under any other automobile policy or would be an insured under such a policy, but for its termination or the exhaustion of its limits of insurance, unless such policy was written to apply specifically in excess of this policy. 3. COVERAGE EXTENSIONS-SUPPLEMENTARY PAYMENTS Under SECTION II-LIABILITY COVERAGE, A.2.a. Supplementary Payments, paragraphs (2) and (4) are deleted and replaced with the following: (2) Up to $2500 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 4. AMENDED FELLOW EMPLOYEE EXCLUSION SECTION II -LIABILITY COVERAGE, B. EXCLUSIONS, paragraph 5. Fellow Employee is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees" that are officers, managers, supervisors or above. Coverage is excess over any other collectible insurance. b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of paragraph a. above. 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: If any of your owned covered "autos" are covered for Physical Damage, we will provide Physical Damage coverage to "autos" that you or your "employees" hire or borrow, under your name or the "employee's" name, for the purpose of doing your work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown in the Declarations, Item Three, Schedule of Covered Autos You Own, or on any endorsements amending this schedule. B. Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A.4. COVERAGE EXTENSIONS, paragraph b. Loss of Use Expenses is deleted and replaced with the following: b. Loss Of Use Expenses Page 2 of 5 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: Includes copyrighted material of Insurance Services Office, Inc. CA711511 09 (1) Other than collision, only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss, only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision, only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $30 per day, to a maximum of $2,000. C. Under SECTION IV-BUSINESS AUTO CONDITIONS, paragraph 5.b. Other Insurance 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. 6. LOAN OR LEASE GAP COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: If a covered "auto" is owned or leased and if we provide Physical Damage Coverage on it, we will pay, in the event of a covered total "loss", any unpaid amount due on the lease or loan for a covered "auto", less: (a) The amount paid under the Physical Damage Coverage Section of the policy; and (b) Any: (1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by a lessor; and (5) Carry-over balances from previous loans or leases. 7. RENTAL REIMBURSEMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, paragraph 4. Coverage Extensions is deleted and replaced by the following: 4. Coverage Extensions (a) We will pay up to $75 per day to a maximum of $2000 for transportation expense incurred by you because of covered "loss". We will pay only for those covered "autos" for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. We will pay for transportation expenses incurred during the period beginning 24 hours after the covered "loss" and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". This coverage is in addition to the otherwise applicable coverage you have on a covered "auto". No deductibles apply to this coverage. (b) This coverage does not apply while there is a spare or reserve "auto" available to you for your operation. Includes copyrighted material of Insurance Services Office, Inc. CA 71 15 11 09 Page 3 of 5 8. AIRBAG COVERAGE SECTION Ill -PHYSICAL DAMAGE, B. EXCLUSIONS, Paragraph 3. is deleted and replaced by the following: We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown. However, this exclusion does not include the discharge of an airbag. b. Blowouts, punctures or other road damage to tires. 9. GLASS REPAIR-WAIVER OF DEDUCTIBLE SECTION Ill-PHYSICAL DAMAGE COVERAGE, D. DEDUCTIBLE is amended to add the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 10. COLLISION COVERAGE-WAIVER OF DEDUCTIBLE SECTION Ill -PHYSICAL DAMAGE COVERAGE, D. DEDUCTIBLE is amended to add the following: When there is a "loss" to your covered "auto" insured for Collision Coverage, no deductible will apply if the "loss" was caused by a collision with another "auto" insured by us. 11. KNOWLEDGE OF ACCIDENT SECTION IV-BUSINESS AUTO CONDITIONS, A. LOSS CONDITIONS, 2. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS, paragraph a. is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "accident", claim, "suit" or "loss". Knowledge of an "accident", claim, "suit" or "loss" by your "employees" shall not, in itself, constitute knowledge to you unless one of your partners, executive officers, directors, managers, or members (if you are a limited liability company) has knowledge of the "accident", claim, "suit" or "loss". Notice should include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. 12. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) SECTION IV-BUSINESS AUTO CONDITIONS A.5. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is deleted and replaced by the following: If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, B. GENERAL CONDITIONS, 2. CONCEALMENT, MISREPRESENTATION OR FRAUD is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 5 CA 71 15 11 09 14. BLANKET COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS When required by written contract or written agreement, the definition of "insured contract" is amended as follows: The exception contained in paragraph H.3. relating to construction or demolition operations on or within 50 feet of a railroad; and Paragraph H.a. are deleted with respect to the use of a covered "auto" in operations for, or affecting, a railroad. Includes copyrighted material of Insurance Services Office, Inc. CA 7115 11 09 Page 5 of 5 This page has been left blank intentionally. The Conlan Company WC2050942120 This page has been left blank intentionally. 006213-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 62 13 2 PERFORMANCE BOND BOND NUMBER: 30072383 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, The Conlan Company, known as "Principal" herein and Continental Casualty 8 Company , a corporate surety(sureties, if more than one) duly authorized to do business in the 9 State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto 10 the Developer, ALM FORT WORTH, LLC, a Texas limited liability company, 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 Four -Hundred Seventy -Two Thousand Nine -Hundred and 13 Sixty -Three Dollars and no cents Dollars ($472,963.00), lawful money of the United States, to 14 be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be 15 made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, 16 executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 17 WHEREAS, Developer and City have entered into an Agreement for the construction of 18 community facilities in the City of Fort Worth by and through a Community Facilities 19 Agreement, CFA Number 19-0160; and 20 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 21 the 00* day of , 20 '_,,,0, which Contract is hereby referred to and made a 22 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 23 and other accessories defined by law, in the prosecution of the Work, including any Change 24 Orders, as provided for in said Contract designated as Water and Sanitary Sewer Improvements to 25 Serve Marco Addition. 26 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 27 shall faithfully perform it obligations under the Contract and shall in all respects duly and 28 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 29 specifications, and contract documents therein referred to, and as well during any period of 30 extension of the Contract that may be granted on the part of the Developer and/or City, then this 31 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS 102417 Revised January 31, 2012 006213-2 PERFORMANCE BOND 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 Page 2 of 2 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 day of \&ov ay4 , 20:0 . ATTEST: V►JLX..J (Principal) Secr ary Witness as to Principal /C� Witness as to Surety Felisa H. Vaughan PRINCIPAL: The Conlan Company BY: Signature xeyaxl /? �i/2/Qro�l F)ee51 D05L Name and Title SURETY: Continciftl Casualty Cam vaxLv, BY: _ 5 Deborah B. Sasser, Attorney -in -Fact Name and Title Address: McGriff Insurance Services, Inc. 3100 Royal Blvd. South Alpharetta, Georgia 30022 Telephone Number: (770) 664-6818 41 Note: If signed by an officer of the Surety 42 Company, there must be on file a certified extract from the by-laws showing that this person has 43 authority to sign such obligation. If Surety's physical address is different from its mailing 44 address, both must be provided. 45 46 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 102417 Revised January 31, 2012 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Travis G Huffines, Brian E Madden, Deborah B Sasser, Brittany L Triplett, Felisa H Vaughan, Individually of Alpharetta, GA, their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 21 st day of March, 2019. GAS4 114SU44` vA1w oa F 000PORArf f1O S� d�ORPOROTF � is IDLY il, SEAL t ae� °k saR�� • Continental Casualty Company National Fire Insurance Company of Hartford American Cas lty Company of Reading, Pennsylvania Paul T. Bruflat Ar Vice President State of South Dakota, County of Minnehaha, ss: On this 21 st day of March, 2019, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. J. MOHR NorurrPUUE My Commission Expires June 23, 2021 J. Mohr Notary Public CERTIFICATE I, D. Johnson, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this day of GASU.t4 %NSURqContinental Casualty Company c+ F hip National Fire Insurance Company of Hartford CMPORATB �Kc �orra ;R American Casualty Company of Reading, Pennsylvania 0 � is 1ULY fl. v SEAL t ! Ise t a97 HAR • D. Johnson Assistant Secretary Form F68534/2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 251h day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 250h day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers') to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures'); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duty adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading, Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25`h day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." 006214-1 PAYMENTBOND Page 1 of 2 1 SECTION 00 62 14 2 PAYMENT BOND BOND NUMBER: 30072383 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, The Conlan Company, known as "Principal" herein, and Continental 8 Casualty Company, a corporate surety ( or sureties if more than one), duly authorized to do 9 business in the State of Texas, known as "Surety" herein (whether one or more), are held and 10 firmly bound unto the Developer, ALM FORT WORTH, LLC, a Texas limited liability 11 company, authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Texas 12 municipal corporation ("City"), in the penal sum of Four -Hundred Seventy -Two Thousand 13 Nine -Hundred and Sixty -Three Dollars and no cents Dollars ($472,963.00), lawful money of 14 the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum 15 well and truly be made jointly unto the Developer and the City as dual obligees, we bind 16 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 17 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 19-0160; and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the tk\ day of J r<WAvY _, 20_ �LU ,which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as Water and Sanitary Sewer Improvements 26 to Serve Marco Addition. 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 Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS 102417 Revised January 31, 2012 006214-2 PAYMENT BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 0 '% day of ATTEST: b . L& k�� (Principal) SecreWy 1�� K&4& Witness as to Principal ATTEST: (Sur ty) Brian E. Madden Witness as to Surety Felisa H. Vaughan PRINCIPAL: The Conlan Comaany BY: _ Signature /2 , ,, ✓L i N 7PeS,'lD 1-1 Address: P6tk1 U-A(, P),*-Z - k told 7 SURETY: Continental Casualty Comnanv BY: Z�� Z6, JV-� Signature Deborah B. Sasser, Attorney -in -Fact Name and Title Address: McGriff Insurance Services, Inc. 3100 Royal Blvd. South Alpharetta, GA 30022 Telephone Number: (770) 664-6818 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 13 The date of the bond shall not be prior to the date the Contract is awarded. 14 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 102417 Revised January 31, 2012 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Travis G Huffines, Brian E Madden, Deborah B Sasser, Brittany L Triplett, Felisa H Vaughan, Individually of Alpharetta, GA, their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 21 st day of March, 2019. GAS IJg4T} OSU114'tfC' 6 � coAPOAAre �S oa �NteRVDR4Tf0 Z a; JULY 71, o� SFJ1L 199Z 1897 HAR • Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania ? 7 Paul T. Bruflat Vice President State of South Dakota, County of Minnehaha, ss: On this 21 st day of March, 2019, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. J. MOHR nonwr.0X sam+nUM My Commission Expires June 23, 2021 J. Mohr Notary Public CERTIFICATE I, D. Johnson, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this day of GAS4l` %Nsuiv q � ` FANr o0 F � F OWPOAATZ 0p e7� �WGOR►OR4tFC 1997 HAR • Form F6853-4 2012 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania D. Johnson Assistant Secretary Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing ]By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25'h day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers') to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures'); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25'h day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers'l to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective" This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading, Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 251h day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." 006219-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 62 19 2 MAINTENANCE BOND BOND NUMBER: 30072384 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we The Conlan Company, known as "Principal' herein and Continental Casualty 8 Company, a corporate surety (sureties, if more than one) duly authorized to do business in the 9 State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto 10 the Developer, ALM FORT WORTH, LLC, a Texas limited liability company authorized to 11 do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 12 ("City"), in the sum of Four -Hundred Seventy -Two Thousand Nine -Hundred and Sixty- 13 Three Dollars and no cents Dollars ($472,963.00), lawful money of the United States, to be 14 paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made 15 jointly unto the Developer and the City as dual obligees and their successors, we bind ourselves, 16 our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 17 presents. 18 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 19-0160; and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the V% day of � �, 20,;L, which Contract is 24 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 25 materials, equipment labor and other accessories as defined by law, in the prosecution of the 26 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 27 the "Work") as provided for in said Contract and designated as Water and Sanitary Sewer 28 Improvements to Serve Marco Addition; and 29 30 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 31 accordance with the plans, specifications and Contract Documents that the Work is and will 32 remain free from defects in materials or workmanship for and during the period of two (2) years 33 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 34 CITY OF FORT WORTH Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CITY CONDITIONS -- DEVELOPER AWARDED PROJECTS 102417 Revised January 31, 2012 006219-2 MAINTENANCE BOND Page 2 of 3 1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance Period. 4 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 8 remain in full force and effect. 9 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 11 noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety under this Maintenance Bond; and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 17 Worth Division; and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FORT WORTH Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 102417 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 a ky% day of 3 0�rlUkn ,20ao 4 5 PRINCIPAL: 6 The Conlan Comaanv 7 8 BY: 9 Signature 10 ATTEST: 11 13 (Principal) Secre Name and Title 14 15 Address: 1%Db &-W4 P)AbL 60-01b 16 Mai omff 17 — 18 19 fitness as to Principal 20 SURETY: 21 Continental Casualty Company 22 23 24 BY: /'-- 25 Signature 26 27 Deborah B. Sasser, Attorney -in -Fact 28 AL)—BrianE. Name and Title 29 30 Address: McGriff Insurance Services, Inc. 31 ( Madden 3100 Royal Blvd. South 32 Alpharetta, GA 30022 33 /V 34 Witness as to Surety Telephone Number: (770) 664-6818 35 Felisa H. Vaughan 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 41 The date of the bond shall not be prior to the date the Contract is awarded. 42 CITY OF FORT WORTH Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 102417 Revised January 31, 2012 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Travis G Huffines, Brian E Madden, Deborah B Sasser, Brittany L Triplett, Felisa H Vaughan, Individually of Alpharetta, GA, their true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 21 st day of March, 2019. GAS Uq<t` � \NSUgq�►rw oe H OORPORAre n 00 d� �VAWQ&IP 4-0 Z a3 JULY 71. �u SEAL I9oz t 897 HAq • Continental Casualty Company National Fire Insurance Company of Hartford American Cas lty Company of Reading, Pennsylvania I ■ Paul T. Bruflat Vice President State of South Dakota, County of Minnehaha, ss: On this 21 st day of March, 2019, before me personally came Paul T. Bruflat to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. J. MOHR em-W01JO 80UTH OAK= My Commission Expires June 23, 2021 J. Mohr Notary Public CERTIFICATE I, D. Johnson, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this day of C� GAS 4 01SUR4 QPP. OMPORAT,e n O 4O 0W?,:� Z 2 s � JULY 71. Gu SEAL a t e9� � HAI�� • � Form F6853-4/2012 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania "�o - D. Johnson 00Assistant Secretary Go to www.cnasuretv.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 251h day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers') to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25`h day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of! ike nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures'); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, wno has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading, Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25`h day of April, 20 ! 2: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures'; Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definitions and Terminology ............................................................................................................. 1 1.1 Defined Terms ......................................................................................................................... 1 1.2 Terminology ..................................................................................................................................... 5 Article 2 – Preliminary Matters ............................................................................................................................ 6 2.1 Delivery of Bonds and Evidence of Insurance ............................................................................... 6 2.2 Copies of Documents ...................................................................................................................... 6 2.3 Commencement of Contract Times; Notice to Proceed ................................................................ 6 2.4 Starting the Work ............................................................................................................................. 7 2.5 Before Starting Construction .............................................................................................................. 7 2.6 Preconstruction Conference; Designation of Authorized Representatives ....................................... 7 2.7 Initial Acceptance of Schedules. ..................................................................................................... 7 Article 3 – Contract Documents: Intent, Amending, Reuse .............................................................................. 8 3.1 Intent ................................................................................................................................................. 8 3.2 Reference Standards ............................................................................................................................ 8 3.3 Reporting and Resolving Discrepancies ......................................................................................... 8 3.4 Amending and Supplementing Contract Documents......................................................................... 9 3.5 Reuse of Documents ...................................................................................................................... 10 3.6 Electronic Data ............................................................................................................................... 10 Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points .................................................................................................... 10 4.1 Availability of Lands ..................................................................................................................... 10 4.2 Subsurface and Physical Conditions ............................................................................................. 11 4.3 Differing Subsurface or Physical Conditions ............................................................................... 11 4.4 Underground Facilities .................................................................................................................. 13 4.5 Reference Points ............................................................................................................................ 14 4.6 Hazardous Environmental Condition at Site ................................................................................ 14 Article 5 – Bonds and Insurance ........................................................................................................................ 16 5.1 Performance, Payment, and Other Bonds ........................................................................................ 16 5.2 Licensed Sureties and Insurers .......................................................................................................... 16 5.3 Certificates of Insurance .................................................................................................................... 16 5.4 Contractor’s Insurance ................................................................................................................... 17 5.5 Owner’s Liability Insurance .......................................................................................................... 18 5.6 Property Insurance ............................................................................................................................. 18 5.7 Waiver of Rights ............................................................................................................................ 20 5.8 Receipt and Application of Insurance Proceeds ........................................................................... 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 5.9 Acceptance of Bonds and Insurance; Option to Replace ................................................................. 21 5.10 Partial Utilization, Acknowledgment of Property Insurer ........................................................... 21 Article 6 – Contractor’s Responsibilities ........................................................................................................... 22 6.1 Supervision and Superintendence ..................................................................................................... 22 6.2 Labor; Working Hours ...................................................................................................................... 22 6.3 Services, Materials, and Equipment ................................................................................................. 22 6.4 Progress Schedule .............................................................................................................................. 23 6.5 Substitutes and “Or-Equals” ............................................................................................................. 23 6.6 Concerning Subcontractors, Suppliers, and Others. ..................................................................... 25 6.7 Patent Fees and Royalties .................................................................................................................. 27 6.8 Permits ............................................................................................................................................ 27 6.9 Laws and Regulations ....................................................................................................................... 27 6.10 Taxes .............................................................................................................................................. 28 6.11 Use of Site and Other Areas .............................................................................................................. 28 6.12 Record Documents ............................................................................................................................ 29 6.13 Safety and Protection ......................................................................................................................... 29 6.14 Safety Representative ........................................................................................................................ 30 6.15 Hazard Communication Programs ............................................................................................. 30 6.16 Emergencies ................................................................................................................................... 30 6.17 Shop Drawings and Samples ............................................................................................................ 30 6.18 Continuing the Work ..................................................................................................................... 32 6.19 Contractor’s General Warranty and Guarantee ................................................................................ 32 6.20 Indemnification .............................................................................................................................. 33 6.21 Delegation of Professional Design Services .................................................................................... 34 Article 7 – Other Work at the Site ...................................................................................................................... 35 7.1 Related Work at Site ...................................................................................................................... 35 7.2 Coordination ................................................................................................................................... 35 7.3 Legal Relationships ....................................................................................................................... 36 Article 8 – Owner’s Responsibilities ................................................................................................................. 36 8.1 Communications to Contractor ..................................................................................................... 36 8.2 Replacement of Engineer .............................................................................................................. 36 8.3 Furnish Data ................................................................................................................................... 36 8.4 Pay When Due ............................................................................................................................... 36 8.5 Lands and Easements; Reports and Tests ..................................................................................... 36 8.6 Insurance ........................................................................................................................................ 36 8.7 Change Orders ............................................................................................................................... 36 8.8 Inspections, Tests, and Approvals................................................................................................. 37 8.9 Limitations on Owner’s Responsibilities...................................................................................... 37 8.10 Undisclosed Hazardous Environmental Condition ...................................................................... 37 8.11 Evidence of Financial Arrangements ............................................................................................ 37 8.12 Compliance with Safety Program ................................................................................................. 37 Article 9 – Engineer’s Status During Construction ........................................................................................... 37 9.01 Owner’s Representative................................................................................................................. 37 9.02 Visits to Site ................................................................................................................................ 37 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 9.3 Project Representative ................................................................................................................... 38 9.4 Authorized Variations in Work ..................................................................................................... 38 9.5 Rejecting Defective Work ................................................................................................................. 38 9.6 Shop Drawings, Change Orders and Payments ............................................................................ 38 9.7 Determinations for Unit Price Work ............................................................................................. 39 9.8 Decisions on Requirements of Contract Documents and Acceptability of Work ...................... 39 9.9 Limitations on Engineer’s Authority and Responsibilities .......................................................... 39 9.10 Compliance with Safety Program ................................................................................................. 40 Article 10 – Changes in the Work; Claims ................................................................................................. 40 10.1 Authorized Changes in the Work .................................................................................................. 40 10.2 Unauthorized Changes in the Work .............................................................................................. 40 10.3 Execution of Change Orders ......................................................................................................... 41 10.4 Notification to Surety ...................................................................................................................... 41 10.5 Claims .................................................................................................................................... 41 Article 11 – Cost of the Work; Allowances; Unit Price Work ......................................................................... 42 11.1 Cost of the Work ............................................................................................................................ 42 11.2 Allowances ..................................................................................................................................... 45 11.3 Unit Price Work ............................................................................................................................. 45 Article 12 – Change of Contract Price; Change of Contract Times ................................................................. 46 12.1 Change of Contract Price .............................................................................................................. 46 12.2 Change of Contract Times ............................................................................................................. 47 12.3 Delays ............................................................................................................................................. 47 Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ........................ 48 13.1 Notice of Defects ............................................................................................................................. 48 13.2 Access to Work ................................................................................................................................ 48 13.3 Tests and Inspections ....................................................................................................................... 48 13.4 Uncovering Work ............................................................................................................................ 49 13.5 Owner May Stop the Work ........................................................................................................... 50 13.6 Correction or Removal of Defective Work .................................................................................... 50 13.7 Correction Period ............................................................................................................................. 50 13.8 Acceptance of Defective Work ....................................................................................................... 51 13.9 Owner May Correct Defective Work ............................................................................................. 51 Article 14 – Payments to Contractor and Completion ...................................................................................... 52 14.1 Schedule of Values. ....................................................................................................................... 52 14.2 Progress Payments ......................................................................................................................... 52 14.3 Contractor’s Warranty of Title ........................................................................................................ 55 14.4 Substantial Completion ................................................................................................................. 55 14.5 Partial Utilization ............................................................................................................................. 56 14.6 Final Inspection ............................................................................................................................... 56 14.7 Final Payment ................................................................................................................................ 57 14.8 Final Completion Delayed............................................................................................................. 58 14.9 Waiver of Claims ................................................................................................................... 58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv Article 15 – Suspension of Work and Termination ........................................................................................... 58 15.1 Owner May Suspend Work ........................................................................................................... 58 15.2 Owner May Terminate for Cause ................................................................................................. 58 15.3 Owner May Terminate For Convenience ..................................................................................... 60 15.4 Contractor May Stop Work or Terminate .................................................................................... 60 Article 16 – Dispute Resolution ......................................................................................................................... 61 16.01 Methods and Procedures ............................................................................................................... 61 Article 17 – Miscellaneous ................................................................................................................................. 61 17.1 Giving Notice ................................................................................................................................... 61 17.2 Computation of Times ..................................................................................................................... 61 17.3 Cumulative Remedies ..................................................................................................................... 62 17.4 Survival of Obligations ................................................................................................................... 62 17.5 Controlling Law ............................................................................................................................. 62 17.6 Headings .......................................................................................................................................... 62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.1 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.2 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.1 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.2 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.3 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 2.4 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.5 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.6 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.7 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.2 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.3 Reporting and Resolving Discrepancies A. Reporting Discrepancies: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.4 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer’s approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 3. Engineer’s written interpretation or clarification. 3.5 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.6 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.1 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 Contract Price or Contract Times, or both, as a result of any delay in Owner’s furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. 4.3 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner’s obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer’s findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.4 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.5 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. 4.6 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 – BONDS AND INSURANCE 5.1 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.2 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner in the Contract Documents. 5.4 Contractor’s Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor’s indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.5 Owner’s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.6 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder’s Risk “all-risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser’s own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.7 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.8 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner’s exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.9 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES 6.1 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.2 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner’s written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.3 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, 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 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 6.4 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.5 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. “Or-Equal” Items: If in Engineer’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an “or-equal” item, in which case review and approval of the proposed item may, in Engineer’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 2. Substitute Items: a. If in Engineer’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized until Engineer’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an “or equal.” Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. E. Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. 6.6 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 6.7 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.8 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.9 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor’s performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer’s Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer’s review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer’s review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 ARTICLE 7 – OTHER WORK AT THE SITE 7.1 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner’s employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work. 7.2 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 7.3 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor’s wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor’s wrongful action or inactions. ARTICLE 8 – OWNER’S RESPONSIBILITIES 8.1 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.2 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.3 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.4 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.5 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.6 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.7 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 8.8 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.9 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION 9.1 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract Documents. 9.2 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.3 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.4 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.5 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.6 Shop Drawings, Change Orders and Payments A. In connection with Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 B. In connection with Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer’s authority as to Applications for Payment, see Article 14. 9.7 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.8 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer’s decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer’s written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.9 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 – CHANGES IN THE WORK; CLAIMS 10.1 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.2 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 10.3 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.4 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.5 Claims A. Engineer’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant’s written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant’s last submittal (unless Engineer allows additional time). C. Engineer’s Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer’s sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer’s written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.1 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.2 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.3 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. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.1 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor’s Fee: The Contractor’s fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor’s fee shall be five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.2 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.3 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.2 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 13.3 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense unless Contractor has given Engineer timely notice of Contractor’s intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.4 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer’s observation and replaced at Contractor’s expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 13.5 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.6 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. 13.7 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.8 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer’s recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.9 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 13.09. ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.2 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor’s performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.4 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner’s objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer’s issuing the definitive certificate of Substantial Completion, Engineer’s aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.5 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.6 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 14.7 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer’s Review of Application and Acceptance: 1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.8 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor’s final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.9 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor’s continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.1 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.2 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor’s repeated disregard of the authority of Engineer; or 4. Contractor’s violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor’s tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.3 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.4 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this Paragraph. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 ARTICLE 16 – DISPUTE RESOLUTION 16.1 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 – MISCELLANEOUS 17.1 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 63 of 62 17.3 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.4 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.5 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. SUPPLEMENTARY CONDITIONS Page 1 of 10 Water and Sanitary Sewer Improvements to Serve Marco Addition 102417 SUPPLEMENTARY CONDITIONS Supplementary Conditions These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC C-700 (2007 Edition). All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. SC1.01 DEFINED TERMS The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract, EJCDC C-700 (2007 Edition) have the meanings assigned to them in the General Conditions and the Standard City Conditions of the Construction Contract for Developer Awarded Project Amend the following definitions of 1.01 to read as follows: Contract – Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Contract Documents - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Contract Times – is defined as a calendar day including weekends and holidays. Engineer - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. General Requirements - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Milestone - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Owner – as known as the developer in the Standard City Condition of the Construction Contract for Developer Awarded Project. Site - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Specifications - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. SUPPLEMENTARY CONDITIONS Page 2 of 10 Water and Sanitary Sewer Improvements to Serve Marco Addition 102417 Work - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. SC1.02 TERMINOLOGY Delete Paragraph 1.02.D in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 1.02.B. Delete Paragraph 1.02.E in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 1.02.C. SC2.02 COPIES OF DOCUMENTS Amend the first sentence of Paragraph 2.02 to read as follows: “Owner shall furnish to Contractor up to three printed or hard copies of the Drawings and Project Manual.” SC2.03 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED Delete Paragraph 2.03.A. of the General Conditions in its entirety and insert the following in its place: “Commencement of Contract Time shall begin on the date indicated during the pre- construction meeting with the City. The date indicated during the pre-construction meeting will be determined by the Owner, City and Contractor and as indicated in the Notice to Proceed.” SC2.05 BEFORE STARTING CONSTRUCTION Delete Paragraph 2.05 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 2.01. SC2.06 PRECONSTRUCTION CONFERENCE; DESIGNATION OF AUTHORIZED REPRESENTATIVE Delete Paragraph 2.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 2.02. SC3.01 INTENT Add the following language after the second sentence of Paragraph 3.01.B of the General Conditions: “In the event there are any conflicts between the plans, the specifications or other Contract Documents the priority of interpretation will be as follows: Signed Contract SUPPLEMENTARY CONDITIONS Page 3 of 10 Water and Sanitary Sewer Improvements to Serve Marco Addition 102417 Agreement, CONTRACTOR’S Proposal, Project Drawings or Plans, Standard City Conditions of the Construction Contract for Developer Awarded Projects, Supplementary Conditions, General Conditions, Project Specifications, Referenced Specifications.” SC3.02 REFERENCE STANDARDS Delete Paragraph 3.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 3.01. SC3.04 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS Delete Paragraph 3.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 3.02. SC4.02 SUBSURFACE AND PHYSICAL CONDITION Add the following new paragraphs immediately after Paragraph 4.02.B: C. The following reports of explorations and tests of subsurface conditions at or contiguous to the Site are known to Owner: 1. Reports dated July 2014 (Amended December 2014), prepared by Alpha Testing entitled: “Final Geotechnical Exploration on Seventeen Lakes (Phases 3 and 4)”. a. All of the information in such drawings constitutes “technical data” on which Contractor may rely. D. The reports and drawings identified above are not part of the Contract Documents, but the “technical data” contained therein upon which Contractor may rely, as expressly identified and established above, are incorporated in the Contract Documents by reference. Contractor is not entitled to rely upon any other information and data known to or identified by Owner or Engineer. SC4.04 UNDERGROUND FACILITIES Add the following language to the beginning of Paragraph 4.04.B of the General Conditions: “Contractor shall contact the city water & sewer and public works departments and utility companies which have a franchise to operate in the area of the project site and shall determine the location of their facilities at or contiguous to the site and shall protect same from damage during construction.” SC4.06 HAZARDOUS ENVIRONMENTAL CONDITIONS Delete Paragraphs 4.06.A and 4.06.B in their entirety and insert the following: SUPPLEMENTARY CONDITIONS Page 4 of 10 Water and Sanitary Sewer Improvements to Serve Marco Addition 102417 A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. SC5.01 PERFROMANCE, PAYMENT AND OTHER BONDS Delete Paragraph 5.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 4.02. SC5.02 LICENSED SURETIES AND INSURERS Delete Paragraph 5.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 4.01. SC5.03 CERTIFICATES OF INSURANCE Delete Paragraph 5.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 4.03. SC5.04 CONTRACTOR’S INSURANCE Add the following language at the end of the Paragraph 5.04.B.6.b: “Contractor shall include the Engineer and their designee as additional insured.” SC5.06 PROPERTY INSURANCE Delete Paragraph 5.06 in its entirety. SC5.09 ACCEPTANCE OF BONDS AND INSURANCE; OPTION TO REPLACE Delete Paragraph 5.09 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 4.05. SC6.01 SUPERVISION AND SUPERINTENDENCE Delete Paragraph 6.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.01. SC6.02 LABOR; WORKING HOURS Delete Paragraph 6.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.02. SC6.03 SERVICES, MATERIALS AND EQUIPMENT SUPPLEMENTARY CONDITIONS Page 5 of 10 Water and Sanitary Sewer Improvements to Serve Marco Addition 102417 Delete Paragraph 6.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.03. SC6.04 PROGRESS SCHEDULE Delete Paragraph 6.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.04. SC6.05 SUBSTITUTES AND “OR-EQUALS” Delete Paragraph 6.05 its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.05. SC6.06 CONCERNING SUBCONTRACTORS AND SUPPLIERS Delete Paragraph 6.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.07 and insert the following: “Owner may furnish to any such Subcontractor, Supplier or other person or organization, to the extent practicable, evidence of amounts paid to Contractor in accordance with Contractor’s application for payment.” SC6.07 PATENT FEES AND ROYALTIES Delete Paragraph 6.07 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.09. SC6.09 LAWS AND REGULATIONS Delete Paragraph 6.09 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.10. SC6.11 USE OF SITE AND OTHER AREAS Delete Paragraph 6.11 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.11. SC6.12 RECORD DOCUMENTS Delete Paragraph 6.12 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.12. SC6.13 SAFETY AND PROTECTION Delete Paragraph 6.13 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.13. SUPPLEMENTARY CONDITIONS Page 6 of 10 Water and Sanitary Sewer Improvements to Serve Marco Addition 102417 SC6.14 SAFETY REPRESENTATIVE Delete Paragraph 6.14 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.14. SC6.15 HAZARD COMMUNICATION PROGRAMS Delete Paragraph 6.15 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.15. SC6.17 SHOP DRAWINGS AND SAMPLES Delete Paragraph 6.17 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.16. SC6.19 CONTRACTOR’S GENERAL WARRANTY AND GUARANTEE Delete Paragraph 6.19 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.17. SC6.20 INDEMNIFICATION Delete Paragraph 6.20 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.18 and insert the following: CONTRACTOR ASSUMES ENTIRE RESPONSIBILITY AND LIABILITY FOR, AND AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD OWNER, OWNER’S AGENTS, EMPLOYEES, REPRESENTATIVES AND INSURERS HARMLESS FROM, ANY AND ALL LIABILITIES, CLAIMS, COSTS, EXPENSES, JUDGMENTS, ATTORNEYS’ FEES, LITIGATION EXPENSES, CAUSES OF ACTION, DEMANDS, LOSSES AND/OR DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY INCIDENTAL TO THE PERFORMANCE OF WORK OR SERVICES UNDER THIS CONTRACT BY CONTRACTOR, CONTRACTOR’S EMPLOYEES, AGENTS, REPRESENTATIVES AND INDEPENDENT CONTRACTORS. THIS PROVISION APPLIES WITH FULL FORCE AND EFFECT FOR ANY AND ALL CLAIMS, DEMANDS, ALLEGATIONS OR ACTIONS FOUNDED IN WHOLE OR IN PART FROM THE NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACTS, OR ALLEGED NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL ACTS, OF OWNER, OWNER’S AGENTS, EMPLOYEES, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS, AS WELL AS CONTRACTOR, CONTRACTOR’S AGENTS, EMPLOYEES, REPRESENTATIVES AND INDEPENDENT CONTRACTORS. THIS INDEMNITY PROVISION IS TO BE CONSTRUED AS BROADLY AS POSSIBLE TO INCLUDE ANY AND ALL LIABILITIES, CLAIMS, COSTS, EXPENSES, JUDGMENTS, CAUSES OF ACTIONS, DEMENDS, LOSSES, AND/OR WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, CAUSES OR SUPPLEMENTARY CONDITIONS Page 7 of 10 Water and Sanitary Sewer Improvements to Serve Marco Addition 102417 ACTION AND DAMAGES SOUNDING IN TORT, PERSONAL INJURIES, CONTRACT DAMAGES, ECONOMIC DAMAGES, STRICT LIABILITY, STRICT PRODUCTS LIABILITY AND PRODUCTS LIABILITY, COMMON LAW NEGLIGENCE AND GROSS NEGLIGENCE, INTENTIONAL TORTS, FEDERAL AND STATE STATUTORY AND COMMON LAW PUNITIVE AND/OR MULTIPLIED DAMAGES, WORKERS’ COMPENSATION CLAIMS, CLAIMS UNDER THE TEXAS TORT CLAIMS ACT, EMPLOYMENT DISPUTES, WRONGFUL DISCHARGE, FEDERAL AND STATE CIVIL RIGHTS CLIAMS, CLAIMS FOUNDED IN CONTRACT OR QUASI- CONTRACT, BREACH OF WARRANTY, CLAIMS UNDER THE TEXAS DECEPTIVE TRADE PRACTICES-COMSUMER PROTECTION ACT, AND ANY AND ALL CLAIMS, CAUSES OF ACTION OR DEMANDS, WHEREBY ANY LOSS IS SOUGHT AND/OR INCURRED AND/OR PAYABLE BY OWNER, OWNER’S AGENTS, EMPLOYEES, REPRESENTATIVES, AND/OR INSURERS. THIS PROVISION IS TO BE CONSTRUED UNDER THE LAWS OF THE STATE OF TEXAS, AND IT IS EXPRESSLY RECOGNIZED BY ALL PARTIES TO THE CONSPICUOUSNESS REQUIREMENT AND THE EXPRESS NEGLIGENCE TEST, AND IS VALID AND ENFORCEABLE AGAINST CONTRACTOR, CONTRACTOR’S AGENTS, EMPLOYEES, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS. CONTRACTOR HAS READ, FULLY UNDERSTANDS, AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS PROVISION AND THE INDIVIDUAL SIGNING THIS CONTRACT ON BEHALF OF CONTRACTOR HAS FULL AUTHORITY TO BIND CONTRACTOR TO THIS CONTRACT AND THIS INDEMNITY PROVISION CONTAINED HEREIN. IT IS FURHTER RECOGNIZED AND AGREED THAT, SHOULD ANY PARTICULAR PORTION OR PROVISION OF THIS INDEMNITY PROVISION BE HELD INVALID, VOID AND/OR UNENFORCEABLE, IT SHALL NOT EFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINDER OF THIS PROVISION. CONTRACTOR AGREES TO MAINTAIN AT CONTRACTOR’S SOLE COST AND EXPENSE, INSURANCE OF ANY AND ALL TYPE AND WITH MINIMUM LIMITS AS FOLLOWS, AND FURNISH CERTIFICATES TO OWNER EVIDENCING SUCH INSURANCE WITH INSURERS ACCEPTABLE TO OWNER: ALL INSURANCE COVERAGES CARRIED BY THE OWNER, WHETHER OR NOT REQUIRED HEREBY, SHALL EXTEND TO AN PROTECT OWNER, OWNER’S AGENTS, EMPLOYEES, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS, TO THE FULL EXTENT OF SUCH COVERAGES AND CONTRACTOR AGREES TO NAME OWNER AS AN ADDITIONAL INSURED UNDER EACH SUCH INSURANCE COVERAGE. SAID INSURANCE SHALL APPLY TO ANY AND ALL LIABILITY OF THE CONTRACTOR, CONTRACTOR’S AGENTS, REPRESENTATIVES, EMPLOYEES, AND/OR INDEPENDENT CONTRACTORS, ARISING FROM THE INDEMNITY PROVISION IN THIS SECTION. SUPPLEMENTARY CONDITIONS Page 8 of 10 Water and Sanitary Sewer Improvements to Serve Marco Addition 102417 HOWEVER, LIABILITY OF THE CONTRACTOR, AS PROVIDED IN THIS SECTION SHALL NOT BE LIMITED BY THE INSURANCE COVERAGE REQUIRED OF CONTRACTOR IN THIS PROVISION. SC6.21 DELEGATION OF PROFESSIONAL DESIGN SERVICES Delete Paragraph 6.21 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.19. SC9.05 REJECTING DEFECTIVE WORK Delete Paragraph 9.05 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 8.03. SC10.04 NOTIFICATION TO SURETY Delete Paragraph 10.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 9.02. SC11.03 UNIT PRICE WORK Add the following new paragraph immediately after Paragraph 11.03.A: “Any and all Work specifically called for in the Contract Documents or which is required for the proper construction of items called for in the Contract Documents is to be performed by Contractor unless specifically indicated otherwise. The cost of all work for which there is no separate pay item in the proposal shall be included in the price for a related pay item such that work called for or required by the Contract Documents will be constructed for the Contract Price.” SC13.01 NOTICE OF DEFECTS Delete Paragraph 13.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.01. SC13.02 ACCESS TO WORK Delete Paragraph 13.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.02. SC13.03 TESTS AND INSPECTION Delete Paragraph 13.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.03. SUPPLEMENTARY CONDITIONS Page 9 of 10 Water and Sanitary Sewer Improvements to Serve Marco Addition 102417 SC13.04 UNCOVERING WORK Delete Paragraph 13.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.04. SC13.06 CORRECTION OR REMOVAL OF DEFECTIVE WORK Delete Paragraph 13.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.06. SC13.07 CORRECTION PERIOD Delete Paragraph 13.07 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.07. SC13.08 ACCEPTANCE OF DEFECTIVE WORK Delete Paragraph 13.08 in its entirety. SC13.09 OWNER MAY CORRECT DEFECTIVE WORK Delete Paragraph 13.09 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.08. SC14.02 PROGRESS PAYMENT Revise the first sentence of Paragraph 14.02.A.1 to read as follows: “At least thirty (30) days before each progress payment,….” SC14.03 CONTRACTOR’S WARRANTY OF TITLE Delete Paragraph 14.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 12.01. SC14.05 PARTIAL UTILIZATION Delete Paragraph 14.05 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 12.02. SC14.06 FINAL INSPECTION Delete Paragraph 14.05 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 12.03. SC17.01 GIVING NOTICE SUPPLEMENTARY CONDITIONS Page 10 of 10 Water and Sanitary Sewer Improvements to Serve Marco Addition 102417 Delete Paragraph 17.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.01. SC17.02 COMPUTATION OF TIMES Delete Paragraph 17.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.02. SC17.03 CUMULATIVE REMEDIES Delete Paragraph 17.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.03. SC17.04 SURVIVAL OF OBLIGATIONS Delete Paragraph 17.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.04 SC17.06 HEADINGS Delete Paragraph 17.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.05. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Before Starting Construction ........................................................................................................ 6 2.02 Preconstruction Conference .......................................................................................................... 6 2.03 Public Meeting .............................................................................................................................. 6 Article 3 – Contract Documents and Amending ............................................................................................... 6 3.01 Reference Standards ..................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents .................................................................. 6 Article 4 – Bonds and Insurance ....................................................................................................................... 7 4.01 Licensed Sureties and Insurers ..................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7 4.03 Certificates of Insurance ............................................................................................................... 7 4.04 Contractor’s Insurance .................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12 Article 5 – Contractor’s Responsibilities ........................................................................................................ 12 5.01 Supervision and Superintendent ................................................................................................. 12 5.02 Labor; Working Hours ................................................................................................................ 13 5.03 Services, Materials, and Equipment ........................................................................................... 13 5.04 Project Schedule .......................................................................................................................... 14 5.05 Substitutes and “Or-Equals” ....................................................................................................... 14 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16 5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16 5.08 Wage Rates.................................................................................................................................. 18 5.09 Patent Fees and Royalties ........................................................................................................... 19 5.10 Laws and Regulations ................................................................................................................. 19 5.11 Use of Site and Other Areas ....................................................................................................... 19 5.12 Record Documents ...................................................................................................................... 20 5.13 Safety and Protection .................................................................................................................. 21 5.14 Safety Representative ................................................................................................................. 21 5.15 Hazard Communication Programs ............................................................................................. 22 5.16 Submittals .................................................................................................................................... 22 5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ........................................................................................................................... 24 5.19 Delegation of Professional Design Services .............................................................................. 24 5.20 Right to Audit: ............................................................................................................................ 25 5.21 Nondiscrimination....................................................................................................................... 25 Article 6 – Other Work at the Site ................................................................................................................... 26 6.01 Related Work at Site ................................................................................................................... 26 Article 7 – City’s Responsibilities................................................................................................................... 26 7.01 Inspections, Tests, and Approvals .............................................................................................. 26 7.02 Limitations on City’s Responsibilities ....................................................................................... 26 7.03 Compliance with Safety Program ............................................................................................... 27 Article 8 – City’s Observation Status During Construction ........................................................................... 27 8.01 City’s Project Representative ..................................................................................................... 27 8.02 Authorized Variations in Work .................................................................................................. 27 8.03 Rejecting Defective Work .......................................................................................................... 27 8.04 Determinations for Work Performed .......................................................................................... 28 Article 9 – Changes in the Work ..................................................................................................................... 28 9.01 Authorized Changes in the Work ............................................................................................... 28 9.02 Notification to Surety .................................................................................................................. 28 Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28 10.01 Change of Contract Price ............................................................................................................ 28 10.02 Change of Contract Time............................................................................................................ 28 10.03 Delays .......................................................................................................................................... 28 Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29 11.01 Notice of Defects ........................................................................................................................ 29 11.02 Access to Work ........................................................................................................................... 29 11.03 Tests and Inspections .................................................................................................................. 29 11.04 Uncovering Work ....................................................................................................................... 30 11.05 City May Stop the Work ............................................................................................................. 30 11.06 Correction or Removal of Defective Work ................................................................................ 30 11.07 Correction Period ........................................................................................................................ 30 11.08 City May Correct Defective Work ............................................................................................. 31 Article 12 – Completion .................................................................................................................................. 32 12.01 Contractor’s Warranty of Title ................................................................................................... 32 12.02 Partial Utilization ........................................................................................................................ 32 12.03 Final Inspection ........................................................................................................................... 32 12.04 Final Acceptance ......................................................................................................................... 33 Article 13 – Suspension of Work .................................................................................................................... 33 13.01 City May Suspend Work ............................................................................................................ 33 Article 14 – Miscellaneous .............................................................................................................................. 34 14.01 Giving Notice .............................................................................................................................. 34 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.02 Computation of Times ................................................................................................................ 34 14.03 Cumulative Remedies ................................................................................................................. 34 14.04 Survival of Obligations ............................................................................................................... 35 14.05 Headings ...................................................................................................................................... 35 00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw – City’s on-line, electronic document management and collaboration system. 5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract—The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents—Those items that make up the contract and which must include the Agreement, and it’s attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement c. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions l. Supplementary Conditions m. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project’s Contract Documents o. Drawings p. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor—The individual or entity with whom Developer has entered into the Agreement. 11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer – An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 16. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements—A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non-Participating Change Order—A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order—A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans – See definition of Drawings. 24. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Time. 25. Project—The Work to be performed under the Contract Documents. 26. Project Representative—The authorized representative of the City who will be assigned to the Site. 27. Public Meeting – An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 30. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions – That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 41. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non-Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. C. Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 2 – PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non-Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City’s written interpretation or clarification. ARTICLE 4 – BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. The certificate of insurance shall document the City, an as “Additional Insured” on all liability policies. 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 4.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: ____________________________________________________________ Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: a. General Aggregate: _____________________________________ Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : _____________________________________ Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Required for this Contract. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.03 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 – MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 01 11 00 - 1 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102417 Revised December 20, 2012 SECTION 01 11 00 1 SUMMARY OF WORK 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Summary of Work to be performed in accordance with the Contract Documents 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 10 2. Division 1 - General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Work Covered by Contract Documents 18 1. Work is to include furnishing all labor, materials, and equipment, and performing 19 all Work necessary for this construction project as detailed in the Drawings and 20 Specifications. 21 B. Subsidiary Work 22 1. Any and all Work specifically governed by documentary requirements for the 23 project, such as conditions imposed by the Drawings or Contract Documents in 24 which no specific item for bid has been provided for in the Proposal and the item is 25 not a typical unit bid item included on the standard bid item list, then the item shall 26 be considered as a subsidiary item of Work, the cost of which shall be included in 27 the price bid in the Proposal for various bid items. 28 C. Use of Premises 29 1. Coordinate uses of premises under direction of the City. 30 2. Assume full responsibility for protection and safekeeping of materials and 31 equipment stored on the Site. 32 3. Use and occupy only portions of the public streets and alleys, or other public places 33 or other rights-of-way as provided for in the ordinances of the City, as shown in the 34 Contract Documents, or as may be specifically authorized in writing by the City. 35 a. A reasonable amount of tools, materials, and equipment for construction 36 purposes may be stored in such space, but no more than is necessary to avoid 37 delay in the construction operations. 38 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102417 Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere 1 with the use of spaces that may be designated to be left free and unobstructed 2 and so as not to inconvenience occupants of adjacent property. 3 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 4 manner as not to interfere with the operation of the railroad. 5 1) All Work shall be in accordance with railroad requirements set forth in 6 Division 0 as well as the railroad permit. 7 D. Work within Easements 8 1. Do not enter upon private property for any purpose without having previously 9 obtained permission from the owner of such property. 10 2. Do not store equipment or material on private property unless and until the 11 specified approval of the property owner has been secured in writing by the 12 Contractor and a copy furnished to the City. 13 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 14 obstructions which must be removed to make possible proper prosecution of the 15 Work as a part of the project construction operations. 16 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 17 lawns, fences, culverts, curbing, and all other types of structures or improvements, 18 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 19 appurtenances thereof, including the construction of temporary fences and to all 20 other public or private property adjacent to the Work. 21 5. Notify the proper representatives of the owners or occupants of the public or private 22 lands of interest in lands which might be affected by the Work. 23 a. Such notice shall be made at least 48 hours in advance of the beginning of the 24 Work. 25 b. Notices shall be applicable to both public and private utility companies and any 26 corporation, company, individual, or other, either as owners or occupants, 27 whose land or interest in land might be affected by the Work. 28 c. Be responsible for all damage or injury to property of any character resulting 29 from any act, omission, neglect, or misconduct in the manner or method or 30 execution of the Work, or at any time due to defective work, material, or 31 equipment. 32 6. Fence 33 a. Restore all fences encountered and removed during construction of the Project 34 to the original or a better than original condition. 35 b. Erect temporary fencing in place of the fencing removed whenever the Work is 36 not in progress and when the site is vacated overnight, and/or at all times to 37 provide site security. 38 c. The cost for all fence work within easements, including removal, temporary 39 closures and replacement, shall be subsidiary to the various items bid in the 40 project proposal, unless a bid item is specifically provided in the proposal. 41 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102417 Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 31 19 PRECONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Developer and Consultant b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 e. Other City representatives f. Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor’s work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material l. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City’s representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 33 00 - 1 DAP SUBMITTALS Page 1 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 33 00 DAP SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. General methods and requirements of submissions applicable to the following Work-related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. 01 33 00 - 2 DAP SUBMITTALS Page 2 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) “By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions 01 33 00 - 3 DAP SUBMITTALS Page 3 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City’s Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City’s Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 7) Standard wiring diagrams 8) Printed performance curves and operational-range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) 01 33 00 - 5 DAP SUBMITTALS Page 5 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non-conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor’s risk if not marked b. Submittals for each item will be reviewed no more than twice at the City’s expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative’s then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City’s discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. 01 33 00 - 7 DAP SUBMITTALS Page 7 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 01 33 00 - 8 DAP SUBMITTALS Page 8 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 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 01 35 13 - 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 CITY OF FORT WORTH Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102417 Revised August, 30, 2013 SECTION 01 35 13 1 SPECIAL PROJECT PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedures for special project circumstances that includes, but is not limited to: 6 a. Coordination with the Texas Department of Transportation 7 b. Work near High Voltage Lines 8 c. Confined Space Entry Program 9 d. Air Pollution Watch Days 10 e. Use of Explosives, Drop Weight, Etc. 11 f. Water Department Notification 12 g. Public Notification Prior to Beginning Construction 13 h. Coordination with United States Army Corps of Engineers 14 i. Coordination within Railroad permits areas 15 j. Dust Control 16 k. Employee Parking 17 B. Deviations from this City of Fort Worth Standard Specification 18 1. None. 19 C. Related Specification Sections include, but are not necessarily limited to: 20 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 21 2. Division 1 – General Requirements 22 3. Section 33 12 25 – Connection to Existing Water Mains 23 24 1.2 REFERENCES 25 A. Reference Standards 26 1. Reference standards cited in this Specification refer to the current reference 27 standard published at the time of the latest revision date logged at the end of this 28 Specification, unless a date is specifically cited. 29 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 30 High Voltage Overhead Lines. 31 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 32 Specification 33 1.3 ADMINISTRATIVE REQUIREMENTS 34 A. Coordination with the Texas Department of Transportation 35 1. When work in the right-of-way which is under the jurisdiction of the Texas 36 Department of Transportation (TxDOT): 37 a. Notify the Texas Department of Transportation prior to commencing any work 38 therein in accordance with the provisions of the permit 39 01 35 13 - 2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 CITY OF FORT WORTH Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102417 Revised August, 30, 2013 b. All work performed in the TxDOT right-of-way shall be performed in 1 compliance with and subject to approval from the Texas Department of 2 Transportation 3 B. Work near High Voltage Lines 4 1. Regulatory Requirements 5 a. All Work near High Voltage Lines (more than 600 volts measured between 6 conductors or between a conductor and the ground) shall be in accordance with 7 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 8 2. Warning sign 9 a. Provide sign of sufficient size meeting all OSHA requirements. 10 3. Equipment operating within 10 feet of high voltage lines will require the following 11 safety features 12 a. Insulating cage-type of guard about the boom or arm 13 b. Insulator links on the lift hook connections for back hoes or dippers 14 c. Equipment must meet the safety requirements as set forth by OSHA and the 15 safety requirements of the owner of the high voltage lines 16 4. Work within 6 feet of high voltage electric lines 17 a. Notification shall be given to: 18 1) The power company (example: ONCOR) 19 a) Maintain an accurate log of all such calls to power company and record 20 action taken in each case. 21 b. Coordination with power company 22 1) After notification coordinate with the power company to: 23 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 24 lower the lines 25 c. No personnel may work within 6 feet of a high voltage line before the above 26 requirements have been met. 27 C. Confined Space Entry Program 28 1. Provide and follow approved Confined Space Entry Program in accordance with 29 OSHA requirements. 30 2. Confined Spaces include: 31 a. Manholes 32 b. All other confined spaces in accordance with OSHA’s Permit Required for 33 Confined Spaces 34 D. Use of Explosives, Drop Weight, Etc. 35 1. When Contract Documents permit on the project the following will apply: 36 a. Public Notification 37 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 38 prior to commencing. 39 2) Minimum 24 hour public notification in accordance with Section 01 31 13 40 E. Water Department Coordination 41 1. During the construction of this project, it will be necessary to deactivate, for a 42 period of time, existing lines. The Contractor shall be required to coordinate with 43 the Water Department to determine the best times for deactivating and activating 44 those lines. 45 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102417 Revised August, 30, 2013 2. Coordinate any event that will require connecting to or the operation of an existing 1 City water line system with the City’s representative. 2 a. Coordination shall be in accordance with Section 33 12 25. 3 b. If needed, obtain a hydrant water meter from the Water Department for use 4 during the life of named project. 5 c. In the event that a water valve on an existing live system be turned off and on 6 to accommodate the construction of the project is required, coordinate this 7 activity through the appropriate City representative. 8 1) Do not operate water line valves of existing water system. 9 a) Failure to comply will render the Contractor in violation of Texas Penal 10 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 11 will be prosecuted to the full extent of the law. 12 b) In addition, the Contractor will assume all liabilities and 13 responsibilities as a result of these actions. 14 F. Public Notification Prior to Beginning Construction 15 1. Prior to beginning construction on any block in the project, on a block by block 16 basis, prepare and deliver a notice or flyer of the pending construction to the front 17 door of each residence or business that will be impacted by construction. The notice 18 shall be prepared as follows: 19 a. Post notice or flyer 7 days prior to beginning any construction activity on each 20 block in the project area. 21 1) Prepare flyer on the Contractor’s letterhead and include the following 22 information: 23 a) Name of Project 24 b) City Project No (CPN) 25 c) Scope of Project (i.e. type of construction activity) 26 d) Actual construction duration within the block 27 e) Name of the contractor’s foreman and phone number 28 f) Name of the City’s inspector and phone number 29 g) City’s after-hours phone number 30 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 31 A. 32 3) Submit schedule showing the construction start and finish time for each 33 block of the project to the inspector. 34 4) Deliver flyer to the City Inspector for review prior to distribution. 35 b. No construction will be allowed to begin on any block until the flyer is 36 delivered to all residents of the block. 37 G. Public Notification of Temporary Water Service Interruption during Construction 38 1. In the event it becomes necessary to temporarily shut down water service to 39 residents or businesses during construction, prepare and deliver a notice or flyer of 40 the pending interruption to the front door of each affected resident. 41 2. Prepared notice as follows: 42 a. The notification or flyer shall be posted 24 hours prior to the temporary 43 interruption. 44 b. Prepare flyer on the contractor’s letterhead and include the following 45 information: 46 1) Name of the project 47 2) City Project Number 48 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 CITY OF FORT WORTH Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102417 Revised August, 30, 2013 3) Date of the interruption of service 1 4) Period the interruption will take place 2 5) Name of the contractor’s foreman and phone number 3 6) Name of the City’s inspector and phone number 4 c. A sample of the temporary water service interruption notification is attached as 5 Exhibit B. 6 d. Deliver a copy of the temporary interruption notification to the City inspector 7 for review prior to being distributed. 8 e. No interruption of water service can occur until the flyer has been delivered to 9 all affected residents and businesses. 10 f. Electronic versions of the sample flyers can be obtained from the Project 11 Construction Inspector. 12 H. Coordination with United States Army Corps of Engineers (USACE) 13 1. At locations in the Project where construction activities occur in areas where 14 USACE permits are required, meet all requirements set forth in each designated 15 permit. 16 I. Coordination within Railroad Permit Areas 17 1. At locations in the project where construction activities occur in areas where 18 railroad permits are required, meet all requirements set forth in each designated 19 railroad permit. This includes, but is not limited to, provisions for: 20 a. Flagmen 21 b. Inspectors 22 c. Safety training 23 d. Additional insurance 24 e. Insurance certificates 25 f. Other employees required to protect the right-of-way and property of the 26 Railroad Company from damage arising out of and/or from the construction of 27 the project. Proper utility clearance procedures shall be used in accordance 28 with the permit guidelines. 29 2. Obtain any supplemental information needed to comply with the railroad’s 30 requirements. 31 J. Dust Control 32 1. Use acceptable measures to control dust at the Site. 33 a. If water is used to control dust, capture and properly dispose of waste water. 34 b. If wet saw cutting is performed, capture and properly dispose of slurry. 35 K. Employee Parking 36 1. Provide parking for employees at locations approved by the City. 37 01 35 13 - 5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 CITY OF FORT WORTH Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102417 Revised August, 30, 2013 1.4 SUBMITTALS [NOT USED] 1 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.6 CLOSEOUT SUBMITTALS [NOT USED] 3 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.8 QUALITY ASSURANCE [NOT USED] 5 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.10 FIELD [SITE] CONDITIONS [NOT USED] 7 1.11 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.3.B – Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 13 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 CITY OF FORT WORTH Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102417 Revised August, 30, 2013 EXHIBIT A 1 (To be printed on Contractor’s Letterhead) 2 3 4 5 Date: 6 7 CPN No.: 8 Project Name: 9 Mapsco Location: 10 Limits of Construction: 11 12 13 14 15 16 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 17 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 18 PROPERTY. 19 20 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 21 OF THIS NOTICE. 22 23 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 24 ISSUE, PLEASE CALL: 25 26 27 Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 28 29 OR 30 31 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 32 33 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 34 35 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 36 37 01 35 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 CITY OF FORT WORTH Water and Sanitary Sewer Improvements to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102417 Revised August, 30, 2013 EXHIBIT B 1 2 3 4 01 45 23 - 1 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 45 23 TESTING AND INSPECTION SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another form of distribution approved by the City. 01 45 23 - 2 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City’s Project Representative 4. Provide City’s Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised JULY 1, 2011 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City’s Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised JULY 1, 2011 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City’s established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised JULY 1, 2011 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on-call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE-INSTALLATION 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised JULY 1, 2011 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 SECTION 01 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 34 71 13 – Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 1) Allow a minimum of 5 working days for permit review. 2) Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 SECTION 01 57 13 STORM WATER POLLUTION PREVENTION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 31 25 00 – Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 31 25 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP 1. Submit in accordance with Section 01 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 01 33 00. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 60 00 - 1 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. A list of City approved products for use is located on Buzzsaw as follows: 1. Resources\02 - Construction Documents\Standard Products List B. Only products specifically included on City’s Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. C. Any specific product requirements in the Contract Documents supersede similar products included on the City’s Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City’s Standard Product List. D. Although a specific product is included on City’s Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer’s standard product. E. See Section 01 33 00 for submittal requirements of Product Data included on City’s Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 01 60 00 - 2 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer’s recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer’s recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City’s Project Representative. 5. Provide off-site storage and protection when on-site storage is not adequate. a. Provide addresses of and access to off-site storage locations for inspection by City’s Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers’ unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City’s Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City’s Project Representative. 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 74 23 CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on-site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 77 19 CLOSEOUT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City’s Project Representative. 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor’s Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 78 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 ½ inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer’s printed data, or neatly typewritten 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut-down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 4/7/2014 M.Domenech Revised for DAP Application 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 78 39 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City’s Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application CITY OF FORT WORTH Water and Sanitary Sewer to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102417 Revised July 1, 2011 APPENDIX GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements CITY OF FORT WORTH Water and Sanitary Sewer to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102417 Revised July 1, 2011 GC-4.02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK GEOTECHNICAL ENGINEERING REPORT PROPOSED MARCO ADDITION CAMP BOWIE BOULEVARD FORT WORTH, TEXAS Prepared for: HAVENER RUPERT, LP Fort Worth, Texas EWI Report No. HR184977 December 2018 Ellerbee-Walczak, Inc. GEOTECHNICAL ENGINEERING & December 12, 2018CONSTRUCTION MATERIALS TESTING SERVICES Havener Rupert, LP PO Box 121969 Fort Worth, Texas 76121 Attn: Mr. Gary W. Havener Re: Geotechnical Engineering Report Proposed Marco Addition West Camp Bowie Boulevard Fort Worth, Texas 76126 EWI Report No. HR184977 Mr. Havener, Ellerbee-Walczak, Inc. (EWI) has completed its Geotechnical Engineering Report at the above referenced location. The results are presented in the attached report. Please do not hesitate to contact us if you have any questions regarding the information in this report or if we can be of any additional assistance. It has been a pleasure providing geotechnical services for this project. Sincerely, Ellerbee-Walczak, Inc. TBPE Firm No. F-4610 William A. Douglas, P.E. Project Engineer Manager Engineering 4501 Broadway Ave.• P.O. Box 14809 • Haltom City, Texas 76117 Office 817-759-9999. Fax 817-759-1888 TABLE OF CONTENTS Page 1.0 SITE & PRO,JECT INFORMATION ...................................................................................... 1 2.0 SCOPE OF SERVICES ... .................................................................................................... 1 3.0 FIELD OPERATIONS .......................................................................................................... 1 4.0 LABORATORY TESTING ................................................................................................... 2 5.0 SITE SUBSURFACE CONDITIONS .................................................................................... 2 6.0 GROUNDWATER ..... .......................................................................................................... 3 7.0 ANALYSIS AND RECOMMENDATIONS ............................................................................. 3 7.1 Foundation Recommendations ................................................................................ 4 7.1.2 Select Fill ........................................................................................................ 5 7.1.3 Ground-Supported Stiffened Slabs .................................................................. 5 7.1.4 Piers ................................................................................................................ 6 7.1.5 Grade Beams & Pier Caps .............................................................................. 7 7.1.6 Structurally Suspended Slab ........................................................................... 8 7.2 Utilities ..................................................................................................................... 8 7.3 Earthwork/Site Grading ............................................................................................ 9 7.4 Site Drainage ........................................................................................................... 9 7.5 Area Paving ............................................................................................................. 9 8.0 LIMITATIONS .................................................................................................................... 10 General Specifications Water Injection ........................................................................ 12 General Specification Chemical Injection ..................................................................... 13 APPENDIX Figure Plan of Borings ........................................................................................................................... 1 Boring Logs .............. , ........................................................................................................... 2 - 8 Soil Classification Chart ............................................................................................................. 9 GEOTECHNICAL ENGINEERING REPORT PROPOSED MARCO ADDITION CAMP BOWIE BOULEVARD FORT WORTH, TEXAS 1.0 SITE & PROJECT INFORMATION The project site is located southwest of the intersection of Camp Bowie Boulevard and Alemeda Street in the City of Fort Worth, Tarrant County, Texas. Based on North Central Texas Council of Governments (NCTCOG) topographical maps and historic aerial photographs, the site had existing improvements, had a relief of about 20 feet across the property boundary and drained generally to the south. Proposed construction consists of commercial buildings and associated pavements. We assume maximum column loads for the structure will 100 kips and associated pavements. Cuts and fill for the structures are assumed to be within ±2 feet from existing grades. 2.0 SCOPE OF SERVICES The purpose of our geotechnical services for this site were to: • Evaluate the subsurface conditions encountered in the boring. • Evaluate the pertinent engineering properties of the recovered samples. • Provide recommendations concerning suitable types of foundations and floor slab systems for the proposed buildings. • Provide recommendations for earthwork, pavements and site grading. 3.0 FIELD OPERATIONS The subsurface conditions of the site were evaluated by performing seven borings, which were drilled on November 28, 2018. The approximate boring locations are provided on the Plan of Borings (Figure 1) in the Appendix. The results of the field exploration program are presented on the Boring Logs (Figures 2 through 8) in the Appendix. A Soil Classification Chart containing the keys to symbols and the description of terms used on the boring log are presented on Figure 9. The borings used a truck-mounted drilling rig with continuous flight augers was used to advance the borings. Soils were sampled using steel tubes. The samples were extruded in the field, logged, sealed, and packaged to preserve their in-situ moisture content and reduce disturbance during transportation to the laboratory. The load carrying capacity of the limestone encountered in the borings was evaluated in the field by performance of the Texas Department of Transportation's (TxDOT) Cone Penetration Test. Drilling and sampling were performed in general accordance with applicable ASTM and TxDOT procedures. 1 HP184977 4.0 LABORATORY TESTING The Boring Log were reviewed by a licensed geotechnical engineer who assigned soil samples for testing. Tests were performed in the laboratory by technicians working under the direction of the engineer. Testing was performed in general accordance with applicable ASTM procedures. Liquid and Plastic Limit tests were performed on samples of the cohesive soils. These tests were used in conjunction with moisture content tests for classification and estimating their volume change potential. Absorption swell tests were performed on selected samples of the cohesive materials to quantitatively evaluate volume change potential at the in-situ moisture levels. A percent passing the No. 200 Sieve test was performed on a selected sample of the soils to determine the percentage finer than 0.075 mm to aid in classification. Hand penetrometer readings and an unconfined compressive strength test were performed on the soils to evaluate consistency and strength. The results of the laboratory tests are presented on the Boring Log in the Appendix. Results of the swell test are presented below in Table 1. TABLE 1 -SUMMARY OF SWELL TESTS , ,~ , ' ,~, lriltlal :~\"I,Fln81' SurchargeLL SwellDepth PIBoring 't~olsturei\ ol,ture ,(psf) ;" ,(fee~),;~~ .(,%l-'i~~ " " (%)~i'f ,,;~, " '(%)," (%) 1.51 4-6 31 14 16.7 21.2 625 21 24.1 375 0.2P1 2-4 45 21.2 375P2 2-4 9 17.6 19.7 030 5.0 SITE SUBSURFACE CONDITIONS The conditions encountered at each boring location are depicted on the Boring Logs in the Appendix. Descriptions of each strata with its approximated depth and thickness are provided. The depths reported on each log refer to the depth from the existing ground surface at the time the boring was performed. A generalized description of the variable stratigraphy indicated by the borings is presented in Table 2 below. 2 HP184977 4 .:.:..- TABLE 2 -GENERALIZED SUBSURFACE CONDITIONS The soils encountered in the borings above the bedrock at this site are considered to be slightly active to moderately active with respect to moisture-induced volume changes. The soils encountered in the borings have shrink and swell potential with seasonal moisture changes within the active zone. 6.0 GROUNDWATER The boring was advanced using dry auger-drilling techniques. This process allows relatively accurate short-term observations of groundwater while drilling. Seepage was observed at a depth of about 6 feet in Boring P1 while drilling. A water level of about 8 feet was measured in Boring 1 at the completion of drilling. The remainder of the borings were found to be dry while drilling and these borings were found to be dry at the completion of drilling. Groundwater levels will seasonally fluctuate due to variations in the amount of precipitation, evaporation and surface water runoff. In addition, groundwater conditions may change due to landscape irrigation, tree root demand and from leaking buried utilities. 7.0 ANALYSIS AND RECOMMENDATIONS If the owner is tolerant to differential foundation movements, light commercial structures such as these commonly uses a ground-supported, stiffened slab foundation systems for soil conditions similar to this site. The installation of drilled shafts placed independent the ground supported foundation can used to provide additional support or may be used in conjunction with a structurally suspended slab if floor slab movements cannot be tolerated. Recommendations for ground supported foundations, drilled shafts and a structurally suspended floor slab foundation system are provided below. Stratum 1 2 3 .. ApPrc.~'JIlat_ Depth to Consistency.'M~terial.j!ncountered.B6ttOtnQf~tratum -+--.~.. .." ..........,...........~................. About 2 to 7 feet in Borings 1,2, P1, P2 & P4; Brown, dark brown, tan and gray lean clay Medium stiff terminating at about 10 feet (CL) some silty and fat clay (CH) to hard in Boring P5 • , .. .... .._ ..,~0 ,~, ~~, ,~ About 1 foot in Tan fractured limestone About 10 to 13~ feet in Borings 1 & 2; terminating at Tan limestone with clay seams and clay layers about 10 feet in Boings P1 through P4 Terminating at about 20 feet Gray limestone in Borings 1 and 2 3 HP184977 7.1 Foundation Recommendations Lightly loaded ground supported foundation systems placed on site subgrades will be subject to some movement as a result of moisture-induced volume changes in the soils. The more clayey soils expand (heave) with increases in moisture and contract (shrink) with decreases in moisture. The movement typically occurs as post construction heave. The potential magnitude of the moisture-induced movements is rather indeterminate. It is influenced by the soil properties, overburden pressures, thickness of clay strata and to a great extent by soil moisture levels at the time of construction. The Potential Vertical Rise (PVR) estimates for the borings were estimated using the information from the testing program and are based on the Texas Highway Department's Method 124-E and our general knowledge of the area. PVR calculations are one-dimensional representations of the Potential Vertical Movements (PVM) (Le. -swell is only considered). Shrinkage due to soil desiccation of near the same magnitude can also occur. PVR calculations are estimates based on assumptions that the area around the structure will be well drained (Properly Graded), landscape beds are not over-watered, and utility leaks are promptly repaired. Long term utility leaks beneath the foundation may exceed those estimated in this report. Based on the soils encountered in the borings, we estimate the potential magnitude of post-construction heave for slabs-on-grade placed near existing grade for soils at dry conditions is on the order of 1 % inches. It is estimated that slab movements of approximately 1 inch can generally be obtained by excavation of existing soils to the top of limestone and replacement with moisture conditioned soils in conjunction with 1% feet select fill cap, or alternately a minimum of 12 inches of properly compacted flexible base. Flexible base should meet TxDOT Item 247, type A or 0, grades 1 or 2 and be comprised of crushed limestone or the recycled concrete equivalent and be compacted to a minimum of' 95 percent of ASTM 0698. Flexible base should be placed several percentage points above optimum moisture and tested at least one day after drying/curing. The select fililflexible base should extend a minimum of 5 feet beyond the building lines or the extent of the flatwork. The building pad should be covered with poly sheeting as described below as soon as possible after completion of the soil modification process to prevent drying of the subgrade. The poly should extend a minimum 3 feet or extend to outermost edge of flatwork beyond the building lines and the poly sheeting be covered with a minimum of 6 inches of soil for protection. It is common to experience some distress to structures with slab-on-grade foundation systems due to ground movements. This can include cracks in brick walls, cracks in ground supported slabs, adjustment to doors and windows that can stick, and interior cracks in sheetrock walls. Cracks in exterior brick walls can be less noticeable with the use of closely spaced vertical joints (12-foot on-center or less for the height of the wall). 4 HP184977 7.1.2 Select Fill The material used as select fill should be a sandy clay/clayey sand with a Liquid Limit of less than 35 percent and a Plasticity Index between 4 and 15. The select fill should be spread in loose lifts, less than 10 inches thick, and uniformly compacted to a minimum of 95 percent of ASTM D 698 at or above the soil's optimum moisture content. Positive drainage must be provided away from the structure to prevent the ponding of water in the select fill. 7.1.3 Ground-Supported Stiffened Slabs Post-tensioned or conventionally reinforced, ground-supported stiffened slab foundation systems must be designed to resist and/or tolerate potential vertical movements due to volume changes in the site soils without inducing unacceptable distress in the foundation or structural elements. These movements will typically occur as differential movement between the periphery and interior of the slab-on-grade system. An Effective PI of 27 can be considered for designing conventionally reinforced Slab-On-Grade (SOG) foundations. This was calculated assuming overconsolidated, dry condition soil, a weighted PI =23, a Slope Correction Coefficient =1 and a Consolidation Correction Coefficient = 1.2. An Effective PI of 19 can be considered for designing conventionally reinforced Slab-On-Grade (SOG) foundations. This was calculated assuming a modified subgrade, a weighted PI =27, a Slope Correction Coefficient = 1 and a Consolidation Correction Coefficient = 1.0. PVR calculations are estimates based on assumptions that the area around the structures will be well drained (Properly Graded), landscape beds are not over-watered, and utility leaks are promptly repaired. Long term utility leaks can result in soil movements in excess of those estimated above. The following parameters assume that the subgrade beneath the slab should meet the requirements discussed in the Earthwork/Site Grading section of this report. Adjacent flatwork such as sidewalks and pavements should be designed in such a way as to allow for differential movements between flatwork and the exterior perimeter of the foundations. Design parameters were developed for differential swell (Ym) using the Post-Tensioning Institute's (PTI) slabs-on-ground (3 rd Edition) design method and the VOLFLO 1.5 computer program. The PTI design criteria based on soils in dry condition or modified subgrade soils are presented in Tables 2 and 3 below. 5 HP184977 TABLE 2 -PTI DESIGN CRITERIA I Based on OryConditioO. Soils ." . ,Center Lift Edg~Lift . ' .. Edge Moisture Variation (em) 7.2 ft. 4.3 ft. Differential Swell (Ym) 0.6 in. 0.9 in. Potential Vertical Rise (PVR) About 1 % inches TABLE 3 -PTI DESIGN CRITERIA it;lasijd on M()dified'~u6grade .i; Soils ,,'1·, . '. .....Center Lift .. i Edge lift· .." . i." Edge Moisture Variation (em) 7.2 ft. 4.3 ft. Differential Swell (Ym) 0.4 in. 0.6 in. Potential Vertical Rise (PVR) About 1 inch Site grading can greatly affect the movements discussed above. The grade beams of the slab-on-grade foundation system should exert a maximum bearing pressure of 1,500 PSF on in-situ, properly compacted soils or modified subgrade soils. These beams should extend a minimum of 12 inches below finished grade. A properly engineered and constructed vapor retarder should be provided beneath slab areas, which will be covered, carpeted, or sealed. 7.1.4 Piers Drilled shafts, independent of the stiffened slab foundation system can be used to provide additional support. Straight drilled shafts should be situated a minimum of 4 feet into non-fractured tan or gray limestone. A minimum diameter of 12-inches is recommended for the straight shafts. The drilled shafts may be proportioned using an allowable bearing pressure of 10,000 pounds per square foot (PSF) and an allowable skin friction value of 1,500 PSF for compressive and tensile loads in tan limestone. The drilled shafts may be proportioned using an allowable bearing pressure of 20,000 pounds per square foot (PSF) and an allowable skin friction value of 3,200 PSF for compressive and tensile loads in gray limestone. 6 HP184977 Settlements of properly constructed drilled shafts bearing in the limestone for the structures, at the anticipated loads, are considered to be 0.5 percent of the shaft diameter. The shafts will be subject to uplift as a result of heave in the overlying soils. The magnitude of these loads varies with the shaft diameter, soil parameters, and particularly the in-situ moisture levels at the time of construction. They can be approximated at this site by assuming a uniform uplift of 800 PSF over the shaft perimeter for a depth of 10 feet or to the top of limestone. The shafts must contain sufficient continuous vertical reinforcing to resist the net tensile load. Groundwater seepage was not observed in the structural borings but may be encountered during installation of the drilled shafts, particularly if construction proceeds during a wet period of the year. Rapid placement of steel and concrete may permit shaft installation to proceed; however, seepage rates or caving soils could be sufficient to require the use of temporary casing for installation of the shafts. Should casing be necessary, it should be seated with all water and most loose material removed prior to beginning the design penetration. Care must then be taken that a sufficient head of plastic concrete is maintained within the casing during extraction. Adjacent shafts should maintain a minimum center-to-center spacing of 2.5 times the diameter of the larger shaft. Closer spacing will require reductions in the skin friction values presented above, and possibly special installation sequences. As a general guide, the design skin friction will vary linearly from the full value at a spacing of 2.5 diameters to 50 percent of the design value at 1.0 diameter. This firm should be contacted to review, on a case-by-case basis, shafts requiring closer spacing. Complete installation of individual shafts should be completed in one day's operation. The drilled shaft design recommendations provided in this report are based on proper construction procedures, including maintaining a dry shaft excavation and proper cleaning of bearing surfaces prior to placing reinforcing steel and concrete. All drilled shaft installations should be inspected by qualified geotechnical personnel to help verify the bearing stratum, the design penetration, and perform related duties. 7.1.5 Grade Beams & Pier Caps Grade beams should be supported by the drilled shafts. A minimum void space of 4 inches is recommended between the bottom of grade beams and pier cap extension and the soil subgrade. These voids will serve to minimize distress resulting from swell pressures generated by the soils. Structural cardboard forms are one acceptable means of providing these voids beneath cast-in-place elements. The grade beams preferably should be formed rather than cast against earth trenches. Earth formed beams should be neat and clean and inspected just prior to concrete placement. Backfill against the exterior face of structural elements should be properly compacted onsite soils. Compaction should be a minimum of 95 percent of ASTM D 698 at or above the optimum moisture content determined by that test. 7 HP184977 7.1.6 Structurally Suspended Slab Structurally suspended type construction can be considered for this site if floor slab movements cannot be tolerated. Potential ground movements at this site for dry condition soils near current grades are estimated to be 2 inches for dry soil conditions. In conjunction with drilled piers, the slabs for the structure can be structurally supported above grade. Soil modification is not required if the owner elects to support the structure on a structurally suspended slab foundation system. A minimum void space of 4 inches is recommended beneath grade beams. Backfill against the exterior face of grade beams should be properly compacted on-site clays. Compaction should be a minimum of 95 percent of ASTM D698, at or above the optimum moisture content determined by that test. The floor system should be underlain by a void of at least 6 inches. The bottom of the void should be higher than exterior grades. If it is lower, provisions should be made to provide drainage of this space in the event water becomes trapped or seeps into this area. The minimum void space can be provided by the use of cardboard carton forms. A ventilated and drained crawl space is preferred for several reasons, including the following: • Ground movements will affect the project utilities, which can cause breaks in the lines and distress to interior fixtures. • A crawl space permits utilities to be hung from the superstructure, which greatly reduces the possibility of distress due to ground movements. It also can provide ready access in the event repairs are necessary. • Ground movements are uneven. A crawl space can be positively drained preventing the ponding of water and reducing the possibility of distress due to unexpected ground movements. Flatwork (sidewalks, entrances and pavements) should be designed in such a way to allow for differential movements between ground supported features and the more rigid pier and beam structure. 7.2 Utilities Care should be taken that utility cuts are not left open for extended periods, and that the cuts are properly backfilled. Backfilling should be accomplished with properly compacted on-site soils, rather than granular materials. A positive cut-off at the building lines is recommended to help prevent water from migrating in the utility trench backfill. 8 HP184977 7.3 Earthwork/Site Grading The areas in which spread footings are to be installed should be excavated to a minimum of 18 inches and the soil subgrade beneath the spread footings should be scarified to a minimum depth of 6 inches and uniformly compacted to a minimum of 95 percent of ASTM D 698 at or above the soil's optimum moisture determined by that test. Native fill materials should then be spread in loose lifts, less than 9 inches thick and uniformly compacted to the same criteria. Imported fill materials meeting select fill criteria should be spread in loose lifts, less than 9 inches thick and uniformly compacted to a minimum of 95 percent of ASTM D 698 at or above the soil's optimum moisture determined by that test. 7.4 Site Drainage All grades should provide positive drainage away from the structures. Water ponding near or adjacent to the perimeter of a structure can result in soil movements exceeding those discussed in this report. Open ground should ideally be sloped at a minimum of 5 percent grade for at least 10 feet beyond the perimeter of the foundation. Flatwork will be subject to post-construction movement. Maximum grades practical should be used for flatwork to prevent areas where water can pond. In addition, allowances in final grades should take into consideration post-construction movement of flatwork, particularly if such movement would be critical. Where paving or flatwork abuts the structure, care should be taken that the joint is properly sealed and maintained to prevent the infiltration of surface water. Planters located adjacent to the structures should be designed to drain. Sprinkler mains should be located a minimum of five feet away from the building lines. If heads must be located adjacent to a structure, then service lines off the main should be provided. It should be advised that it is important to maintain moist ground conditions during prolonged periods of dry weather. If trees are planted or existing trees remain in proximity to a structure closer than 1 times the mature tree height, root barrier systems placed by a certified arborist should be considered. Roof drains should be extended a minimum of 5 feet away from the structure for grades less than 5 percent. 7.5 Area Paving Subgrade soils will primarily consist of clay soils. The soils are subject to loss in support value with the moisture increases, which occur beneath pavements. These soils react with hydrated lime, which serves to improve and maintain their support value. Lime modification is recommended beneath flexible (asphalt) pavements. Rigid (concrete) pavements can be placed on an un-modified, properly compacted native subgrade. 9 HP184977 For budgeting purposes, a minimum of 8 percent hydrated lime (TxDOT Item 264), by dry weight, should be used beneath asphalt pavement systems. The lime should be thoroughly mixed and blended with the top six inches of the subgrade (TxDOT, Item 260). lime modification should extend a minimum of one foot beyond the edge of the pavement. The subgrade, modified or un-modified, should then be uniformly compacted to a minimum of 95 percent of ASTM D698 near, -1 to +3 percent, the optimum moisture content determined by that test. It should be protected and maintained in a moist condition until the pavement is placed. Five inches of asphaltic concrete should be adequate in parking lots servicing only automobile traffic. The pavement thickness should be increased to six inches for drives subject to more frequent automobile traffic. The section should consist of a two-inch surface course similar to TxDOT Type D and a base course similar to Type A or B. The coarse aggregate in the surface course should be crushed limestone rather than gravel. A regular maintenance program consisting of cracking sealant and repair should be anticipated if asphalt pavements are being considered. Portland cement concrete is recommended in areas subject to truck traffic and should provide excellent service for other pavement areas. Five inches of concrete is recommended for parking lots and 6 inches or more for drives subject to truck traffic. The concrete should have a minimum 28-day compressive strength of 3,000 psi in automobile lots and 3,500 psi in truck traffic areas. It should contain a minimum of 6±1.5 percent entrained air. As a minimum, the section should be reinforced with No. 3 bars on 18-inch centers in both directions. The pavement will be subject to movements due to volume changes in the site soils. Flat grades should be avoided with positive drainage provided away from the pavement edges. Backfilling of curbs should be accomplished as soon as practical to prevent ponding of water. 8.0 LIMITATIONS The professional services performed for the preparation of this geotechnical report were accomplished in accordance with current and locally accepted geotechnical engineering principles and practices. The recommendations presented in this report are based upon the data obtained from a single boring at the indicated locations and/or from other information discussed in this report. The possibility always exists that the subsurface conditions across the site, or due to seasonal/annual climatic cycles may vary from those encountered in the boring. The nature of these variations may not become evident until during or after construction. Should subsurface conditions varying significantly from those described herein, EWI should be immediately notified to evaluate the effects on these recommendations and so supplemental recommendations can be provided. EWI's services should also be retained for the final review of design plans/specifications so comments can be made regarding interpretation of the geotechnical recommendations provided in this report. 10 HP184977 The recommendations provided in this report were prepared for the exclusive use of our client. No . warranties, expressed or implied, are intended or made. The information and recommendations provided in this report are applicable only for the design of the types of structure(s) described in the Site and Project Information section of this report and should not be used for any other structures, locations or for any other purposes. We should not be held responsible for the conclusions, opinions or recommendations made by others based upon the information submitted in this report. If changes to the design and/or location of this project as outlined in this report are planned, the recommendations provided in this report shall not be considered valid unless EWI reviews these changes and either verifies or amends this report in writing. Construction issues such as site safety support of excavations and dewatering procedures are the responsibility of others. The scope of services for this report does not include any environmental or biological assessments either specifically or implied. If the owner is concerned about the potential mold, fungi, bacteria, identification of contaminants or hazardous materials and conditions, additional studies should be undertaken. EWl's capabilities include a full range of construction material testing and observation services. EWI should be retained to provide testing and observation during excavation, grading, foundation and construction phases of this project. We will retain the samples recovered from the boring on this project for a period of 3D days subsequent to the submittal date printed on this report. After the 3D-day period, the samples will be discarded unless otherwise notified by the owner in writing. 11 HP184977 PLAN OF BORINGS Camp Bowie West Fort Worth, TexasEWI Project No. HR184977 Marco Addition B-2B-1 P-1 P-2 P-3 P-4 P-5 Ellerbee-Walczak, Inc. 4501 Broadway Avenue Haltom City, Texas 76117 Telephone: 817-759-9999 Fax: 817-759-1888 CLIENT Havener Rupert, LP PROJECT NUMBER DATE STARTED 11128/18 COMPLETED 11128/18 DRILLING METHOD Continuous Flight Auger BORING NUMBER B-1 PAGE 1 OF 1 PROJECTNAME~M~ar~c~o~A~d~d~it~io~n~_____________________ PROJECT LOCATION GROUND ELEVATION -'N=/A'-'--_____ GROUND WATER LEVELS: AT TIME OF DRILLING --,D~ryL-_______________________ AT END OF DRILLING --,D~ryL-_______________________ NOTES==~================================~__~A=F~T:ER~D~RI:LL:I~NG~======~~~===;========~==~ '" I-W ~ ~ w* Z a. Ci:i w ~ oU:: u:o:::~ ~ I-o. . I: !:::'O :;)1-0 Z W e:!::o-"Eg-~ I--Z QI--x O~...J Zo.. (/)w i=!::: ~wa. ","'I!2~();<P :;)~ -I-:;)(/):!: 0~ :!: :;!: <P '" 0..0... >-Oz o~ :5::J 1--0 (/).sdS g 4; i: .. (/)Zex: co 1:1--0... .. 0 0::: :!:O ::J...J :5W (/) z;:o.:iiag 0 0 a. Z a. iL MA TERIAL DESCRIPTION Brown clay P =1.0 17 35 22 13 67 Tan silty clay P 3.5 p:: 4.5+ 17 31 17 14 P = 4.5+ Tan limestone -with clay seams T =5"/100 1: N - THD T =0.75"/100 T:: 0.38"/100 Bottom of hole at 20 feet. FIGURE 2 ~ N ~ ~ ~ i ~ ~ i CII, iA~IICI LII:::C"YY' Inc. 4501 Broadway Avenue Haltom City, Texas 76117 Telephone: 817-759-9999 Fax: 817-759-1888 CLIENT Havener Rupert,L..:L::.:P____________ PROJECT NUMBER HR184977 DATE STARTED 11/28/18 COMPLETED 11/28/18 DRILLING METHOD Continuous Flight A"',u...g.."e"-r______ NOTES MATERIAL DESCRIPTION o Brown clay -with limestone seams II Tan limestone -with clay seams 5 - 10 Gray limestone - - - 15 Bottom of hole at 15 feet. BORING NUMBER B-2 PAGE 1 OF 1 PROJECT NAME -'M~a::.:rc::c.!!.o.:..A"'d""d.!!:it!!!io"_'n'--__________ PROJECT LOCATION Camp Bowie & Alemeda Ft. Worth, TX GROUND ELEVATION ....,N=/A'-'--___ GROUND WATER LEVELS: AT TIME OF DRILLING ___D=rvL--____________ AT END OF DRILLING ....,D"'-'Lrv_____________ AFTER DRILLING - I ~ ~ I ~ w Cl. ~ W ...J Cl. ~ (7i ST THO THO AU THO Wu ~THO I P = 4.5+ T = 2"/100 T = 2"/100 T =7"/100 T 0.75"/100 ~ t:czo::>.e >0:: o I 12 i 29 22 7 I I FIGURE 3 Ellerbee-Walczak, Inc. 4501 Broadway Avenue Haltom City, Texas 76117 Telephone: 817-759-9999 Fax: 817-759-1888 CLIENT Havener Rupert, LP PROJECT NUMBER DA"rE STARTED 11/28/18 COMPLETED 11/28/18 DRILLING METHOD Continuous Flight Auger NOTES MATERIAL DESCRIPTION Tan silty clay -with limestone seams an limestone -with clay seams 10 Bottom of hole at 10 feet BORING NUMBER P-1 PAGE 1 OF 1 PROJECT NAME Marco Addition PROJECT LOCATION TX GROUND ELEVATION N/A GROUND WATER LEVELS: ¥ AT TIME OF DRILLING 6.0 ft .Y.AT END OF DRILLING AFTER DRILLING '" IUJ 3: ~ za.. 0 UJ>10 ..>l-Iou:: u.C' ~~ UJ >t:!;?&_g-P5 t) I-x....I "'ID!!?~()l1i; i=!:: S:'!w t)~a.. 3: '" 0.0.. ~~ 1-0 en:i: .2U§lu::':: O enZ UJ ~ co.s~~'::iO a.. ~-Z Z ·'0..0::00:: a.. u::: P = 2.0 25 50 26 24 P = 1.75 21 45 24 21 P = 0.5 T = 1.75"/100 ill or: lil Io ~L-__~__~__________________________________________L-______________~__L-~__~__~__~__....I FIGURE 4 Ellerbee-Walczak, Inc. BORING NUMBER P-2 4501 Broadway Avenue PAGE 1 OF 1Haltom City. Texas 76117 Telephone: 817-759-9999 Fax: 817-759-1888 CLIENT Havener Rupert, !"P PROJECT NAME Marco Addition PROJECT NUMBER HR184977 PROJECT LOCATION Camo Bowie & Alamatt.. Ft. Worth. TX DATE STARTED 11128118 COMPLETED 11128118 GROUND ELEVATION N/A GROUND WATER LEVELS: DRILLING METHOD Continuous Flight Auger AT TIME OF DRILLING D..y AT END OF DRILLING Dry NOTES AFTER DRILLING - '" ATIERBI IW ~ ~ w~ Z0. JMIT~ WU >00 u:'C o:::~ >I::c :J:e> IoW:: !:::.;::::>1z Ii:~ W ·~c:T ..... &8 I-Z QIU IO~0.0 MATERIAL DESCRIPTION zO i=!::: -x w~ ~....I ....I E'U)CI)cJ!!\::>.9: (f.)w ::>2w ue....0. "'Gl-8",Gl -I~~0 Oz o~ 1-0 (f.)e> :E ~ -5 ~ .... Q.Q. >(f.)z..Q 0<1):;2 .. 0::: :EO ::J....I W« 00£1-0. .. 0 0. :5Z(f.) z~c.:(i5~ 0 u i0 0. u:: Brown clay -8T P = 1.25 18 34 23 11 i Tan silty clay -ST P = 1.25 18 30 21 9 -~ i Tan limestone ~THO T = 5.25"1100-with clay seams - -t AU -~THO T = 1"/100 10 Bottom of hole at 10 feet. ~ ~ i I:~ ~ I , FIGURE 5 Ellerbee-Walczak, Inc. BORING NUMBER P-3 4501 Broadway Avenue PAGE 1 OF 1Haltom City, Texas 76117 Telephone: 817-759-9999 Fax: 817-759-1888 CLIENT Havener Rupert, LP PROJECTNAME~M~a~~~o~A~d~d~it~io~n~_____________________ PROJECT NUMBER HR184977 PROJECT LOCATION Cal11P B()wi~~Alel11eda Ft. Worth. TX DATE STARTED 11128118 COMPLETED 11128118 GROUND ELEVATION -ON='A'-'-___ GROUND WATER LEVELS: DRILLING METHOD Continuous Flight Auger AT TIME OF DRILLING -'D""ry"'--________________________ AT END OF DRILLING -'D~ryL-____________________ NOTES AFTER DRILLING -- (J) z :;: :::l o -' u :r III 5 ~ w W 0.. ~ W ....I 0.. :E ~ T =12"'90~------~------------------------~~ THO ~r--+--------~ I AU ~ THO T = 12"'43 I AU ~ THO T =0.75"'100 Bottom of hole at 10 feet. ~L_____~~__________________________________________~______________~__~__~__~~__~__~ FIGURE 6 0:> § ~ ~;;;> ~ z B I ~ ~ I Ellerbee-Walczak, Inc. 4501 Broadway Avenue Haltom City, Texas 76117 Telephone: 817-759-9999 Fax: 817-759-1888 CLIENT Havener Rupert, LP PROJECT NUMBER HR184977 DATE STARTED 11/28/18 COMPLETED 11/28/18 DRILLING METHOD Continuous Flight Auger NOTES Bottom of hole at 10 feet. BORING NUMBER P-4 PAGE 1 OF 1 PROJECT NAME ,..,M""a",-,rc~o~A!::::d~d~it~io:!",n,--__________ PROJECT LOCATION Camp Bowie & Alameda Ft. Worth, TX GROUND ELEVATION -'NC!!./A:...:..-.___ GROUND WATER LEVELS: AT TIME OF DRILLING ,..,J):!.!.L'Y_____________ AT END OF DRILLING ~D=ry.L.-__ .~__________ AFTER DRILLING _. ~ i ~ w a. ~ w ...J a. :i! « (j) ST THO THO P=2.5 T = 3.25"/100 T = 2"/100 ~ THO T = 8.5"/100 16 32 22 I 10 I I Z W I z~o:§! U~ (j) w z iL FIGURE 7 Ellerbee-Walczak, Inc. BORING NUMBER P-5 4501 Broadway Avenue PAGE 1 OF 1Haltom City, Texas 76117 Telephone: 817-759-9999 Fax: 817-759-1888 CLIENT Havener Rupert, LP PROJECT NAME ....!M!!:a~r~c:!:!:o..!:A~d~d'!.!:it!!:!io~n'----__~_______ PROJECT NUMBER PROJECT LOCATION DATE STARTED 11/28/18 COMPLETED 11/28/18 GROUND ELEVATION --'N=/A'-'--___ GROUND WATER LEVELS: DRILLING METHOD . Continuous Flight Auger AT TIME OF DRILLING ....!D~ryL-_____________ AT END OF DRILLING ....!D~ryL-____________ NOTES AFTER DRILLING til IW Z~ a. w~'m . ..... ~ a::~ ~>I~'5' :::>1Zg~ ~E ~ uI-ZW E .... a_ aB §~ O;;?MATERIAL DESCRIPTION (l)w 91...J t=!::",(I)C:~'" U~til _ ~ II> . :::>8 :::>-Ia. (I):E;t II> til c.o. (/)~Cl>-Oz o!S!:E £"fHs 11>::2 '" a:: :EO :::i...J :5:::i :5~ W Za.~ ~~':":~:ig Cl U a. u:::Zl-o.o::OO:: Dark brown clay ST P = 2.0 34 63 33 30 n clay -with calcareous particles ST Qu = 2.44 104 17 ST P = 3.25 Tan silty clay ST . P= 2.0 23 40 22 18 ST P = 3.25 Bottom of hole at 10 feet. FIGURE 8 SOIL CLASSIFICATION CHART SYMBOLS TYPICALMAJOR DIVISIONS DESCRIPTIONSGRAPH LETTER CLEAN GRAVEL GRAVELS AND GRAVELLY SOILS (LITTLE OR NO FINES) COARSE GRAINED GRAVELS WITH MORE THAN 50% FINESSOILS OF COARSE FRACTION RETAINED ON NO. 4 SIEVE (APPRECIABLE AMOUNT OF FINES) CLEAN SANDS SANDMORE THAN 50% OF MATERIAL IS AND LARGER THAN SANDY NO. 200 SIEVE SOILS (LITTLE OR NO FINES) SIZE SANDS WITH MORE THAN 50% FINES OF COARSE FRACTION PASSING ON NO. 4 SIEVE (APPRECIABLE AMOUNT OF FINES) SILTS LIQUID LIMIT FINE AND LESS THAN 50 GRAINED CLAYS SOILS MORE THAN 50% OF MATERIAL IS SMALLER THAN NO. 200 SIEVE SIZE SILTS LIQUID LIMIT AND GREATER THAN 50 CLAYS HIGHLY ORGANIC SOILS WELL-GRADED GRAVELS, GRAVEL SAND MIXTURES, LITTLE OR NO FINES GW POORL Y-GRADED GRAVELS, GRAVEL -SAND MIXTURES, LITTLE OR NO FINES GP SILTY GRAVELS, GRAVEL -SAND GM SILT MIXTURES CLAYEY GRAVELS, GRAVEL -SANDGC CLAY MIXTURES WELL-GRADED SANDS. GRAVELLY SW SANDS, LITTLE OR NO FINES POORLY-GRADED SANDS, GRAVELL Y SAND, LITTLE OR NO FINES SP SILTY SANDS, SAND -SILT SM MIXTURES CLAYEY SANDS, SAND -CLAY SC MIXTURES INORGANIC SILTS AND VERY FINE SANDS, ROCK FLOUR, SILTY OR ML CLAYEY FINE SANDS OR CLAYEY SILTS WITH SLIGHT PLASTICITY INORGANIC CLAYS OF LOW TO MEDIUM PLASTICITY, GRAVELLY CL CLAYS, SANDY CLAYS, SILTY CLAYS, LEAN CLAYS ORGANIC SILTS AND ORGANIC OL SILTY CLAYS OF LOW PLASTICITY INORGANIC SILTS, MICACEOUS ORMH DIATOMACEOUS FINE SAND OR SILTY SOILS INORGANIC CLAYS OF HIGH CH PLASTICITY ORGANIC CLAYS OF MEDIUM TO OH HIGH PLASTICITY, ORGANIC SILTS PEAT, HUMUS, SWAMP SOILS WITHPT HIGH ORGANIC CONTENTS Figure 9 NOTE: DUAL SYMBOLS ARE USED TO INDICATE BORDERLINE SOIL CLASSIFICATIONS CITY OF FORT WORTH Water and Sanitary Sewer to Serve Marco Addition STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102417 Revised July 1, 2011 GR-01 60 00 Product Requirements THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: September 06, 2019 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 1. 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. Sampling Stations ................................................................................. 35 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeWater & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16)07/23/97 33 05 13 Urethane Hydrophilic Waterstop Asahi Kogyo K.K. Adeka Ultra-Seal P-201 ASTM D2240/D412/D79204/26/00 33 05 13 Offset Joint for 4' Diam. MH Hanson Concrete Products Drawing No. 35-0048-00104/26/00 33 05 13 Profile Gasket for 4' Diam. MH. Press-Seal Gasket Corp. 250-4G Gasket ASTM C-443/C-361 SS MH1/26/99 33 05 13 HDPE Manhole Adjustment Rings Ladtech, Inc HDPE Adjustment Ring Non-traffic area5/13/05 33 05 13 Manhole External Wrap Canusa - CPS WrapidSeal Manhole Encapsulation SystemCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019* From Original Standard Products ListClick to Return to the Table of Content1 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Fiberglass 33-39-13 (1/8/13)1/26/99 33 39 13 Fiberglass Manhole Fluid Containment, Inc. Flowtite ASTM 3753 Non-traffic area08/30/06 33 39 13 Fiberglass Manhole L.F. ManufacturingNon-traffic area* From Original Standard Products ListClick to Return to the Table of Content2 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Frames & Covers/Rectangular 33-05-13 (Rev 2/3/16)* 33 05 13 Manhole Frames and Covers Western Iron Works, Bass & Hays Foundry 1001 24"x40" WD* From Original Standard Products ListClick to Return to the Table of Content3 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 2/3/16)*33 05 13 Manhole Frames and CoversWestern Iron Works, Bass & Hays Foundry3002424" Dia.*33 05 13 Manhole Frames and CoversMcKinley Iron Works Inc.A 24 AM24" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryR-1272ASTM A48 & AASHTO M30624" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryR- 165-LM (Hinged)ASTM A48 & AASHTO M30624" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryNF 1274ASTM A48 & AASHTO M30630" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryR-1743-LM (Hinged)ASTM A48 & AASHTO M30630" dia.33 05 13 Manhole Frames and CoversSigma CorporationMH-144N33 05 13 Manhole Frames and CoversSigma CorporationMH-143N33 05 13 Manhole Frames and CoversPont-A-MoussonGTS-STD24" dia.33 05 13 Manhole Frames and CoversNeenah Casting24" dia.10/31/06 33 05 13 Manhole Frames and Covers (Hinged)PowersealHinged Ductile Iron Manhole ASTM A53624" Dia.7/25/03 33 05 13 Manhole Frames and CoversSaint-Gobain Pipelines (Pamrex/rexus)RE32-R8FS30" Dia.01/31/06 33 05 1330" Dia. MH Ring and CoverEast Jordan Iron WorksV1432-2 and V1483 DesignsAASHTO M306-0430" Dia.11/02/10 33 05 1330" Dia. MH Ring and CoverSigma CorporationMH1651FWN & MH1650230" Dia07/19/11 33 05 1330" Dia. MH Ring and CoverStar Pipe ProductsMH32FTWSS-DC 30" Dia08/10/11 33 05 1330" Dia. MH Ring and CoverAccucast220700 Heavy Duty with Gasket Ring30" Dia10/14/13 33 05 1330" Dia. MH Ring and Cover (Hinged & Lockable)East Jordan Iron Works 30" ERGO XL Assembly with Cam Lock/MPIC/T-Gasket ASSHTO M105 & ASTM A53630" Dia06/01/17 34 05 1330" Dia. MH Ring and Cover (Hinged & Lockable) CISIP Industries2280 (32")ASTM A 4830" Dia.09/16/19 33 05 13.1030" Dia. MH Ring and Cover Composite Access Products, L.P.CAP-ONE-30-FTW, Composite, w/ Lock w/o Hing30" Dia.* From Original Standard Products ListClick to Return to the Table of Content4 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight 33-05-13 (Rev 2/3/16)* 33 05 13 Manhole Frames and Covers Pont-A-Mousson Pamtight 24" Dia.* 33 05 13 Manhole Frames and Covers Neenah Casting24" Dia.* 33 05 13 Manhole Frames and Covers Western Iron Works,Bass & Hays Foundry 300-24P 24" Dia.* 33 05 13 Manhole Frames and Covers McKinley Iron Works Inc. WPA24AM 24" Dia.03/08/00 33 05 13 Manhole Frames and Covers Accucast RC-2100 ASTM A 48 24" Dia.04/20/01 33 05 13 Manhole Frames and Covers (SIP)Serampore Industries Private Ltd. 300-24-23.75 Ring and Cover ASTM A 48 24" Dia.* From Original Standard Products ListClick to Return to the Table of Content5 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Precast Concrete (Rev 1/8/13)* 33 39 10 Manhole, Precast Concrete Hydro Conduit Corp SPL Item #49 ASTM C 478 48"* 33 39 10 Manhole, Precast Concrete Wall Concrete Pipe Co. Inc. ASTM C-443 48"09/23/96 33 39 10 Manhole, Precast Concrete Concrete Product Inc. 48" I.D. Manhole w/ 32" Cone ASTM C 478 48" w/32" cone05/08/18 33 39 10 Manhole, Precast Concrete The Turner Company 48", 60" I.D. Manhole w/ 32" Cone ASTM C 478 48", 60"10/27/06 33 39 10 Manhole, Precast Concrete Oldcastle Precast Inc.48" I.D. Manhole w/ 24" Cone ASTM C 478 48" Diam w 24" Ring06/09/10 33 39 10 Manhole, Precast (Reinforce Polymer)Concrete US Composite Pipe Reinforced Polymer Concrete ASTM C-76 48" to 72"09/06/19 33 39 20 Manhole, Precast Concrete Forterra Pipe and Precast 60" & 72" I.D. Manhole w/32" Cone ASTM C-76 60" & 72"* From Original Standard Products ListClick to Return to the Table of Content6 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Rehab Systems/Cementitious* E1-14 Manhole Rehab Systems Quadex04/23/01 E1-14 Manhole Rehab Systems Standard Cement Materials, Inc. Reliner MSPE1-14 Manhole Rehab Systems AP/M Permaform4/20/01 E1-14 Manhole Rehab System Strong Company Strong Seal MS2A Rehab System5/12/03 E1-14 Manhole Rehab System (Liner) Poly-triplex Technologies MH repair product to stop infiltration ASTM D581308/30/06 General Concrete Repair FlexKrete Technologies Vinyl Polyester Repair Product Misc. Use* From Original Standard Products ListClick to Return to the Table of Content7 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Rehab Systems/NonCementitious05/20/96 E1-14 Manhole Rehab Systems Sprayroq, Spray Wall Polyurethane Coating ASTM D639/D790* E1-14 Manhole Rehab Systems Sun Coast12/14/01 Coating for Corrosion protection(Exterior) ERTECH Series 20230 and 2100 (Asphatic Emulsion)For Exterior Coating of Concrete Structures Only01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1HB, S1, S2 Acid Resistance Test Sewer Applications8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications08/30/06 Coatings for Corrosion Protection Citadel SLS-30 Solids Epoxy Sewer Applications03/19/1833 05 16, 33 39 10, 33 39 20 Coating for Corrosion protection(Exterior) Sherwin WilliamsRR&C Dampproofing Non-Fibered Spray Grade (Asphatic Emulsion)For Exterior Coating of Concrete Structures Only* From Original Standard Products ListClick to Return to the Table of Content8 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manhole Inserts - Field Operations Use Only (Rev 2/3/16)* 33 05 13 Manhole Insert Knutson Enterprises Made to Order - Plastic ASTM D 1248 For 24" dia.* 33 05 13 Manhole Insert South Western Packaging Made to Order - Plastic ASTM D 1248 For 24" dia.* 33 05 13 Manhole Insert Noflow-Inflow Made to Order - Plastic ASTM D 1248 For 24" dia.09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. LifeSaver - Stainless Steel For 24" dia.09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. TetherLok - Stainless Steel For 24" dia* From Original Standard Products ListClick to Return to the Table of Content9 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Pipe Casing Spacers 33-05-24 (07/01/13)11/04/02 Steel Band Casing Spacers Advanced Products and Systems, Inc. Carbon Steel Spacers, Model SI02/02/93 Stainless Steel Casing Spacer Advanced Products and Systems, Inc. Stainless Steel Spacer, Model SSI04/22/87 Casing Spacers Cascade Waterworks Manufacturing Casing Spacers09/14/10 Stainless Steel Casing Spacer Pipeline Seal and Insulator Stainless Steel Casing Spacer Up to 48"09/14/10 Coated Steel Casin Spacers Pipeline Seal and Insulator Coated Steel Casin Spacers Up to 48" 05/10/11 Stainless Steel Casing Spacer Powerseal 4810 Powerchock Up to 48"03/19/18 Casing Spacers BWM SS-12 Casing Spacer(Stainless Steel)03/19/18 Casing Spacers BWMFB-12 Casing Spacer (Coated Carbon Steel) for Non_pressure Pipe and Grouted Casing* From Original Standard Products ListClick to Return to the Table of Content10 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Pipes/Ductile Iron 33-11-10(1/8/13)* 33 11 10 Ductile Iron Pipe Griffin Pipe Products, Co. Super Bell-Tite Ductile Iron Pressure Pipe, AWWA C150, C1513" thru 24"08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co.American Fastite Pipe (Bell Spigot) AWWA C150, C151 4" thru 30"08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co.American Flex Ring (Restrained Joint) AWWA C150, C151 4" thru 30"* 33 11 10 Ductile Iron Pipe U.S. Pipe and Foundry Co. AWWA C150, C151* 33 11 10 Ductile Iron Pipe McWane Cast Iron Pipe Co. AWWA C150, C151* From Original Standard Products ListClick to Return to the Table of Content11 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Utility Line Marker (08/24/2018)* From Original Standard Products ListClick to Return to the Table of Content12 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Coatings/Epoxy 33-39-60 (01/08/13)02/25/02 Epoxy Lining System Sauereisen, Inc SewerGard 210RS LA County #210-1.3312/14/01 Epoxy Lining System Ertech Technical Coatings Ertech 2030 and 2100 Series04/14/05 Interior Ductile Iron Pipe Coating Induron Protecto 401 ASTM B-117 Ductile Iron Pipe Only01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1HB, S1, S2 Acid Resistance Test Sewer Applications8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications* From Original Standard Products ListClick to Return to the Table of Content13 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Coatings/Polyurethane* From Original Standard Products ListClick to Return to the Table of Content14 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Combination Air Valves 05/25/18 33-31-70 Air Release Valve A.R.I. USA, Inc. D025LTP02(Composite Body) 2"* From Original Standard Products ListClick to Return to the Table of Content15 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/Concrete* E1-04 Conc. Pipe, Reinforced Wall Concrete Pipe Co. Inc. ASTM C 76* E1-04 Conc. Pipe, Reinforced Hydro Conduit Corporation Class III T&G, SPL Item #77 ASTM C 76* E1-04 Conc. Pipe, Reinforced Hanson Concrete Products SPL Item #95-Manhole, #98- PipeASTM C 76* E1-04 Conc. Pipe, Reinforced Concrete Pipe & Products Co. Inc. ASTM C 76* From Original Standard Products ListClick to Return to the Table of Content16 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipe Enlargment System (Method)33-31-23 (01/18/13)PIM System PIM Corporation Polyethylene PIM Corp., Piscata Way, N.J. Approved PreviouslyMcConnell Systems McLat Construction Polyethylene Houston, Texas Approved PreviouslyTRS Systems Trenchless Replacement System Polyethylene Calgary, Canada Approved Previously* From Original Standard Products ListClick to Return to the Table of Content17 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipe/Fiberglass Reinforced Pipe 33-31-13(1/8/13)7/21/97 33 31 13 Cent. Cast Fiberglass Hobas Pipe USA, Inc. Hobas Pipe (Non-Pressure) ASTM D3262/D375403/22/10 33 31 13 Fiberglass Pipe Ameron Bondstrand RPMP Pipe ASTM D3262/D375410/30/03 Glass-Fiber Reinforced Polymer Pipe Thompson Pipe Group Flowtite ASTM D3262/D37544/14/05 Polymer Modified Concrete Pipe Amitech USA Meyer Polycrete Pipe ASTM C33, A276, F477 8" to 102", Class V06/09/10 E1-9 Reinforced Polymer Concrete Pipe US Composite Pipe Reinforced Polymer Concrete Pipe ASTM C-76* From Original Standard Products ListClick to Return to the Table of Content18 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/HDPE 33-31-23(1/8/13)* High-density polyethylene pipe Phillips Driscopipe, Inc. Opticore Ductile Polyethylene Pipe ASTM D 1248 8"* High-density polyethylene pipe Plexco Inc. ASTM D 1248 8"* High-density polyethylene pipe Polly Pipe, Inc. ASTM D 1248 8"High-density polyethylene pipe CSR Hydro Conduit/Pipeline Systems McConnell Pipe Enlargement ASTM D 1248* From Original Standard Products ListClick to Return to the Table of Content19 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/PVC (Pressure Sewer) 33-11-12 (4/1/13)12/02/11 33-11-12 DR-14 PVC Pressure Pipe Pipelife Jetstream PVC Pressure Pipe AWWA C900 4" thru 12"10/22/14 33-11-12 DR-14 PVC Pressure Pipe Royal Building Products Royal Seal PVC Pressure Pipe AWWA C900 4" thru 12"* From Original Standard Products ListClick to Return to the Table of Content20 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/PVC* 33-31-20 (7/1/13)* 33-31-20 PVC Sewer Pipe Certain-Teed Products Corp ASTM D 3034 4" thru 15"* 33-31-20 PVC Sewer Pipe Napco Manufacturing CorpASTM D 3034, D 17844" & 8"* 33-31-20 PVC Sewer Pipe J-M Manufacturing Co., Inc. (JM Eagle) ASTM D 3034 4" - 15"12/23/97* 33-31-20 PVC Sewer Pipe Diamond Plastics Corporation SDR-26 and SDR-35 ASTM F 789, ASTM D 30344" thru 15"* 33-31-20 PVC Sewer Pipe Lamson Vylon Pipe ASTM F 789 4" thru 15"33-31-20 PVC Sewer Pipe Royal Building Products Royal Seal Solid Wall Pipe SDR 26 & 35 ASTM 3034 4" thru 15"01/18/18 33-31-20 PVC Sewer Pipe Vinyltech PVC Pipe Gravity Sewer ASTM D3034 4" thru 15"11/11/98 33-31-20 PVC Sewer Pipe Diamond Plastics Corporation "S" Gravity Sewer Pipe ASTM F 679 18" to 27"* 33-31-20 PVC Sewer Pipe J-M Manufacturing Co, Inc. (JM Eagle) ASTM F 679 18" - 27"09/11/12 33-31-20 PVC Sewer Pipe Pipelife Jet Stream SDR-26 and SDr-35 ASTM F-679 18"05/06/0533-31-20PVC Solid Wall Pipe Diamond Plastics CorporationPS 46 ASTM F-679 18" to 48"04/27/0633-31-20PVC Sewer Fittings HarcoSDR-26 and SDR-35 Gasket Fittings ASTM D-3034, D-1784, etc 4" - 15"*33-31-20PVC Sewer Fittings Plastic Trends, In.cGasketed PVC Sewer Main Fittings ASTM D 303411/17/99E100-2Closed Profile PVC Pipe Diamond Plastics CorporationASTM 1803/F794 18" to 48"3/19/2018 33 31 20 PVC Sewer Pipe Pipelife Jet Stream SDR 35 ASTM F679 18"- 24"3/19/2018 33 31 20 PVC Sewer Pipe Pipelife Jet Stream SDR 26 ASTM D3034 4"- 15"3/29/2019 33 31 20Gasketed Fittings (PVC)GPK Products, Inc. SDR 26 ASTM D3034/F-679 4"- 15"9/6/2019 33 31 20 PVC Sewer Pipe NAPCO SDR 26, SDR 35 ASTM D3034 4" - 8"9/6/2019 33 31 20 PVC Sewer Pipe Sanderson Pipe Corp. SDR 26, SDR 35 ASTM D3034 8"* From Original Standard Products ListClick to Return to the Table of Content21 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/Rehab/CIPP 33-31-12 (01/18/13)* Cured in Place Pipe Insituform Texark, Inc ASTM F 121605/03/99 Cured in Place Pipe National Envirotech Group National Liner, (SPL) Item #27 ASTM F-1216/D-581305/29/96 Cured in Place Pipe Reynolds Inc/Inliner Technolgy (Inliner USA) Inliner Technology ASTM F 1216* From Original Standard Products ListClick to Return to the Table of Content22 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/Rehab/Fold & Form* Fold and Form Pipe Cullum Pipe Systems, Inc.11/03/98 Fold and Form Pipe Insituform Technologies, Inc. Insituform "NuPIpe" ASTM F-1504Fold and Form Pipe American Pipe & Plastics, Inc.Demo. Purpose Only12/04/00 Fold and Form Pipe Ultraliner Ultraliner PVC Alloy Pipeliner ASTM F-1504, 1871, 186706/09/03 Fold and Form Pipe Miller Pipeline Corp. EX Method ASTM F-1504, F-1947 Up to 18" diameter* From Original Standard Products ListClick to Return to the Table of Content23 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/Open Profile Large Diameter09/26/91 E100-2 PVC Sewer Pipe, Ribbed Lamson Vylon Pipe Carlon Vylon H.C. Closed Profile Pipe, ASTM F 679 18" to 48"09/26/91 E100-2 PVC Sewer Pipe, Ribbed Extrusion Technologies, Inc. Ultra-Rib Open Profile Sewer Pipe ASTM F 679 18" to 48"E100-2 PVC Sewer Pipe, Ribbed Uponor ETI Company11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Double Wall Advanced Drainage Systems (ADS) SaniTite HP Double Wall (Corrugated)ASTM F 2736 24"-30"11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Triple Wall Advanced Drainage Systems (ADS) SaniTite HP Triple Wall Pipe ASTM F 2764 30" to 60"05/16/11 Steel Reinforced Polyethylene Pipe ConTech Construction Products Durmaxx ASTM F 2562 24" to 72"* From Original Standard Products ListClick to Return to the Table of Content24 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Appurtenances 33-12-10 (07/01/13)01/18/18 33-12-10 Double Strap Saddle Romac 202NS Nylon Coated AWWA C800 1"-2" SVC, up to 24" Pipe08/28/02 Double Strap Saddle Smith Blair #317 Nylon Coated Double Strap Saddle07/23/12 33-12-10 Double Strap Service Saddle Mueller Company DR2S Double (SS) Strap DI Saddle AWWA C800 1"-2" SVC, up to 24" Pipe10/27/87 Curb Stops-Ball Meter Valves McDonald 6100M,6100MT & 610MT 3/4" and 1"10/27/87 Curb Stops-Ball Meter Valves McDonald 4603B, 4604B, 6100M, 6100TM and 6101M 1½" and 2"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc.FB600-7NL, FB1600-7-NL, FV23-777-W-NL, L22-77NL AWWA C800 2"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc.FB600-6-NL, FB1600-6-NL, FV23-666-W-NL, L22-66NL AWWA C800 1-1/2"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc.FB600-4-NL, FB1600-4-NL, B11-444-WR-NL, B22444-WR-NL, L28-44NL AWWA C800 1"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd.B-25000N, B-24277N-3, B-20200N-3, H-15000N, , H-1552N, H142276NAWWA C800, ANSF 61, ANSI/NSF 372 2"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd.B-25000N, B-20200N-3, B-24277N-3,H-15000N, H-14276N, H-15525NAWWA C800, ANSF 61, ANSI/NSF 372 1-1/2"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd.B-25000N, B-20200N-3,H-15000N, H-15530NAWWA C800, ANSF 61, ANSI/NSF 372 1"01/26/00 Coated Tapping Saddle with Double SS Straps JCM Industries, Inc. #406 Double Band SS Saddle 1"-2" Taps on up to 12" 0/5/21/12 33-12-25 Tapping Sleeve (Coated Steel) JCM Industries, Inc. 412 Tapping Sleeve ESS AWWA C-223 Up to 30" w/12" Out05/10/11 Tapping Sleeve (Stainless Steel) Powerseal 3490AS (Flange) & 3490MJ 4"-8" and 16"02/29/12 33-12-25 Tapping Sleeve (Coated Steel) Romac FTS 240 AWWA C-223 U p to 42" w/24" Out02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST Stainless Steel AWWA C-223 Up to 24" w/12" Out02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST III Stainless Steel AWWA C-223 Up to 30" w/12" Out05/10/11 Joint Repair Clamp Powerseal 3232 Bell Joint Repair Clamp4" to 30"Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW37C-12-1EPAF FTWPlastic Meter Box w/Composite Lid DFW Plastics Inc. DFW39C-12-1EPAF FTW08/30/06 Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW65C-14-1EPAF FTW Class "A"Concrete Meter Box Bass & Hays CMB37-B12 1118 LID-9Concrete Meter Box Bass & Hays CMB-18-Dual 1416 LID-9Concrete Meter Box Bass & Hays CMB65-B65 1527 LID-9* From Original Standard Products ListClick to Return to the Table of Content25 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Bolts, Nuts, and Gaskets 33-11-05 (01/08/13)* From Original Standard Products ListClick to Return to the Table of Content26 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Combination Air Release 33-31-70 (01/08/13)* E1-11 Combination Air Release Valve GA Industries, Inc. Empire Air and Vacuum Valve, Model 935 ASTM A 126 Class B, ASTM A 240 - float, ASTM A 307 - Cover Bolts1" & 2"* E1-11 Combination Air Release Valve Multiplex Manufacturing Co.Crispin Air and Vacuum Valves, Model No. 1/2", 1" & 2"* E1-11 Combination Air Release Valve Valve and Primer Corp. APCO #143C, #145C and #147C 1", 2" & 3"* From Original Standard Products ListClick to Return to the Table of Content27 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Dry Barrel Fire Hydrants 33-12-40 (01/15/14)10/01/87 E-1-12 Dry Barrel Fire Hydrant American-Darling Valve Drawing Nos. 90-18608, 94-18560 AWWA C-50203/31/88 E-1-12 Dry Barrel Fire Hydrant American Darling Valve Shop Drawing No. 94-18791 AWWA C-50209/30/87 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Shop Drawing No. D-19895 AWWA C-50201/12/93 E-1-12 Dry Barrel Fire Hydrant American AVK Company Model 2700 AWWA C-50208/24/88 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Drawings D20435, D20436, B20506 AWWA C-502E-1-12 Dry Barrel Fire Hydrant ITT Kennedy Valve Shop Drawing No. D-80783FW AWWA C-50209/24/87 E-1-12 Dry Barrel Fire Hydrant M&H Valve Company Shop Drawing No. 13476 AWWA C-50210/14/87 E-1-12 Dry Barrel Fire Hydrant Mueller CompanyShop Drawings No. 6461 A-423 Centurion AWWA C-50201/15/88 E1-12 Dry Barrel Fire Hydrant Mueller CompanyShop Drawing FH-12A-423 Super Centurion 200 AWWA C-50210/09/87 E-1-12 Dry Barrel Fire Hydrant U.S. Pipe & Foundry Shop Drawing No. 960250 AWWA C-50209/16/87 E-1-12 Dry Barrel Fire Hydrant Waterous Company Shop Drawing No. SK740803 AWWA C-50208/12/16 33-12-40 Dry Barrel Fire Hydrant EJ (East Jordan Iron Works) WaterMaster 5CD250* From Original Standard Products ListClick to Return to the Table of Content28 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Meters02/05/93 E101-5 Detector Check Meter Ames Company Model 1000 Detector Check Valve AWWA C550 4" - 10"08/05/04 Magnetic Drive Vertical Turbine Hersey Magnetic Drive Vertical AWWA C701, Class 1 3/4" - 6"* From Original Standard Products ListClick to Return to the Table of Content29 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Pipes/PVC (Pressure Water) 33-31-70 (01/08/13)01/18/18 33-11-12 PVC Pressure PipeVinyltech PVC PipeAWWA C900, AWWA C605, ASTM D17844"-12"3/19/2018 33 11 12 PVC Pressure PipePipelife Jet StreamDR14AWWA C9004"-12"3/19/2018 33 11 12 PVC Pressure PipePipelife Jet StreamDR18AWWA C90016"-24"5/25/2018 33 11 12 PVC Pressure PipeDiamond Plastics CorporationDR 14AWWA C9004"-12"5/25/2018 33 11 12 PVC Pressure PipeDiamond Plastics CorporationTrans 21, DR 14, DR 18AWWA C90016"-24"12/6/2018 33 11 12 PVC Pressure PipeJ-M Manifacturing Co., Inc d/b/a JM EagleDR 14"Blue Brute"AWWA C900-16UL 1285ANSI/NSF 61FM 16124"-12"12/6/2018 33 11 12 PVC Pressure PipeJ-M Manifacturing Co., Inc d/b/a JM EagleDR 18"Blue Brute"AWWA C900-16UL 1285ANSI/NSF 61FM 161216"-24"9/6/2019 33 11 12 PVC Pressure PipeUnderground Solutions Inc.DR14 Fusible PVCAWWA C9004" - 8"9/6/2019 33 11 12 PVC Pressure PipeNAPCODR18AWWA C90016" - 24"9/6/2019 33 11 12 PVC Pressure PipeNAPCODR14AWWA C9004"- 12"9/6/2019 33 11 12 PVC Pressure PipeSanderson Pipe Corp.DR14AWWA C9004"- 12"* From Original Standard Products ListClick to Return to the Table of Content30 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Pipes/Valves & Fittings/Ductile Iron Fittings 33-11-11 (01/08/13)07/23/92 E1-07 Ductile Iron Fittings Star Pipe Products, Inc. Mechanical Joint Fittings AWWA C153 & C110* E1-07 Ductile Iron Fittings Griffin Pipe Products, Co. Mechanical Joint Fittings AWWA C 110* E1-07 Ductile Iron Fittings McWane/Tyler Pipe/ Union Utilities DivisionMechanical Joint Fittings, SSB Class 350AWWA C 153, C 110, C 11108/11/98 E1-07 Ductile Iron Fittings Sigma, Co.Mechanical Joint Fittings, SSB Class 351AWWA C 153, C 110, C 11202/26/14 E1-07 MJ Fittings AccucastClass 350 C-153 MJ FittingsAWWA C153 4"-12"05/14/98 E1-07 Ductile Iron Joint Restraints Ford Meter Box Co./Uni-FlangeUni-Flange Series 1400 AWWA C111/C153 4" to 36"05/14/98 E1-24 PVC Joint Restraints Ford Meter Box Co./Uni-FlangeUni-Flange Series 1500 Circle-LockAWWA C111/C153 4" to 24" 11/09/04 E1-07 Ductile Iron Joint Restraints One Bolt, Inc.One Bolt Restrained Joint FittingAWWA C111/C116/C153 4" to 12"02/29/12 33-11-11 Ductile Iron Pipe Mechanical Joint Restraint EBAA Iron, Inc.Megalug Series 1100 (for DI Pipe)AWWA C111/C116/C153 4" to 42"02/29/12 33-11-11 PVC Pipe Mechanical Joint Restraint EBAA Iron, Inc.Megalug Series 2000 (for PVC Pipe)AWWA C111/C116/C153 4" to 24"08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co.Sigma One-Lok SLC4 - SLC10AWWA C111/C153 4" to 10"03/06/19 33-11-11 Mechanical Joint Retainer Glands(PVC) Sigma, Co.Sigma One-Lok SLCS4 - SLCS12AWWA C111/C153 4" to 12"08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co.Sigma One-Lok SLCEAWWA C111/C153 12" to 24"08/10/98 E1-07 MJ Fittings(DIP) Sigma, Co.Sigma One-Lok SLDEAWWA C153 4" - 24"10/12/10 E1-24 Interior Restrained Joint System S & B Techncial ProductsBulldog System ( Diamond Lok 21 & JM Eagle ASTM F-1624 4" to 12"08/16/06 E1-07 Mechanical Joint Fittings SIP Industries(Serampore)Mechanical Joint FittingsAWWA C153 4" to 24"11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc.PVC Stargrip Series 4000ASTM A536 AWWA C11111/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc.DIP Stargrip Series 3000ASTM A536 AWWA C11103/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore)EZ Grip Joint Restraint (EZD) Black For DIPASTM A536 AWWA C111 3"-48"03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore)EZ Grip Joint Restraint (EZD) Red for C900 DR14 PVC PipeASTM A536 AWWA C111 4"-12"03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore)EZ Grip Joint Restraint (EZD) Red for C900 DR18 PVC PipeASTM A536 AWWA C111 16"-24"* From Original Standard Products ListClick to Return to the Table of Content31 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Pipes/Valves & Fittings/Resilient Seated Gate Valve* 33-12-20 (05/13/15)Resilient Wedged Gate Valve w/no Gears American Flow Control Series 2500 Drawing # 94-20247 16"12/13/02 Resilient Wedge Gate Valve American Flow Control Series 2530 and Series 2536 AWWA C515 30" and 36"08/31/99 Resilient Wedge Gate Valve American Flow Control Series 2520 & 2524 (SD 94-20255) AWWA C515 20" and 24"05/18/99 Resilient Wedge Gate Valve American Flow Control Series 2516 (SD 94-20247) AWWA C515 16"10/24/00 E1-26 Resilient Wedge Gate Valve American Flow Control Series 2500 (Ductile Iron) AWWA C515 4" to 12"08/05/04 Resilient Wedge Gate Valve American Flow Control 42" and 48" AFC 2500 AWWA C515 42" and 48"05/23/91 E1-26 Resilient Wedge Gate Valve American AVK Company American AVK Resilient Seaded GV AWWA C509 4" to 12"01/24/02 E1-26 Resilient Wedge Gate Valve American AVK Company20" and smaller* E1-26 Resilient Seated Gate Valve Kennedy4" - 12"* E1-26 Resilient Seated Gate Valve M&H4" - 12"* E1-26 Resilient Seated Gate Valve Mueller Co.4" - 12"11/08/99 Resilient Wedge Gate Valve Mueller Co. Series A2361 (SD 6647) AWWA C515 16"01/23/03 Resilient Wedge Gate Valve Mueller Co. Series A2360 for 18"-24" (SD 6709) AWWA C515 24" and smaller05/13/05 Resilient Wedge Gate Valve Mueller Co. Mueller 30" & 36", C-515 AWWA C515 30" and 36"01/31/06 Resilient Wedge Gate Valve Mueller Co. Mueller 42" & 48", C-515 AWWA C515 42" and 48"01/28/88 E1-26 Resilient Wedge Gate Valve Clow Valve Co. AWWA C509 4" - 12"10/04/94 Resilient Wedge Gate Valve Clow Valve Co. 16" RS GV (SD D-20995) AWWA C515 16"11/08/99 E1-26 Resilient Wedge Gate Valve Clow Valve Co. Clow RW Valve (SD D-21652) AWWA C515 24" and smaller11/29/04 Resilient Wedge Gate Valve Clow Valve Co. Clow 30" & 36" C-515 AWWA C515 30" and 36" (Note 3)11/30/12 Resilient Wedge Gate Valve Clow Valve Co. Clow Valve Model 2638 AWWA C515 24" to 48" (Note 3)05/08/91 E1-26 Resilient Seated Gate Valve Stockham Valves & Fittings AWWA C 509, ANSI 420 - stem, ASTM A 276 Type 304 - Bolts & nuts4" - 12"* E1-26 Resilient Seated Gate Valve U.S. Pipe and Foundry Co.Metroseal 250, requirements SPL #743" to 16"10/26/16 33-12-20 Resilient Seated Gate Valve EJ (East Jordan Iron Works)EJ FlowMaster Gate Valve & Boxes08/24/18Matco Gate Valve Matco-Norca225 MRAWWA/ANSI C115/An21.15 4" to 16"* From Original Standard Products ListClick to Return to the Table of Content32 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Pipes/Valves & Fittings/Rubber Seated Butterfly Valve 33-12-21 (07/10/14)* E1-30 Rubber Seated Butterfly Valve Henry Pratt Co. AWWA C-504 24"* E1-30 Rubber Seated Butterfly Valve Mueller Co. AWWA C-504 24"and smaller1/11/99 E1-30 Rubber Seated Butterfly Valve Dezurik Valves Co. AWWA C-504 24" and larger06/12/03 E1-30 Valmatic American Butterfly Valve Valmatic Valve and Manufacturing Corp. Valmatic American Butterfly Valve. AWWA C-504 Up to 84" diameter04/06/07 E1-30 Rubber Seated Butterfly Valve M&H Valve M&H Style 4500 & 1450 AWWA C-504 24" to 48"03/19/18 33 12 21 Rubber Seated Butterfly Valve G. A. Industries (Golden Anderson) AWWA C504 Butterfly Valve AWWA C-504 30"-54" * From Original Standard Products ListClick to Return to the Table of Content33 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Polyethylene Encasement 33-11-10 (01/08/13)05/12/05 E1-13 Polyethylene Encasment Flexsol Packaging Fulton Enterprises AWWA C105 8 mil LLD05/12/05 E1-13 Polyethylene Encasment Mountain States Plastics (MSP) and AEP Ind. Standard Hardware AWWA C105 8 mil LLD05/12/05 E1-13 Polyethylene Encasment AEP Industries Bullstrong by Cowtown Bolt & Gasket AWWA C105 8 mil LLD09/06/19 33-11-11 Polyethylene Encasment Northtown Products Inc. PE Encasement fro DIP AWWA C105 8 mil LLD* From Original Standard Products ListClick to Return to the Table of Content34 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Sampling Station3/12/96 Water Sampling Station Water Plus B20 Water Sampling Station* From Original Standard Products ListClick to Return to the Table of Content35