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Contract 53550-PM1
CITY SECRETAR Y CONTRAC T NO . 5355[)-PM\ FORT WORTH ~ PROJECT MANUAL FOR 1HE CONSTRUCTION OF WATER , SEWER, PAVING, DRAINAGE, AND STREET LIGHT IMPROVEMENTS TO SERVE NORTHPOINTE, PHASE 1 A City Project No. 102250 F1D No. 30114-0200431-102250-1007685 X-26171 W-2654 Betsy Plice Mayor David Cooke City Manager Christopher Harder, P. E. Water Director William Johnson Director, Transp011ation and Public Works Depa11ment Prepared for The City of Fort Worth 2019 Kimle y >>>Horn Kimley-Horn and Associates, Inc. 13455 Noel Road, Two Galleria Office Tower, Suite 700 Dallas, TX 75240 (972)-770-1300 Te x as Registered Engin eering Firm F-928 ~ OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 0000 10-1 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 1 of 4 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions 0021 13 Instructions to Bidders 00 41 00 Bid Form 004243 9 y3 Proposal Form Unit Price Bid Bond 45ii Bidders Prequalification Statement A ,..Beat n..,.quali go 0045 12 00451 3 00 45 26 Bidder- fie fie n o Contractor Compliance with Workers' Compensation Law 00 52 43 Agreement 00 61 25 Certificate of Insurance - 00 62 13 Performance Bond 0062 14 Payment Bond 0062 19 Maintenance Bond 00 72 00 GeneraI Conditions — EJCDC C-700 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded Projects Division 01- General Requirements 01 1100 Summary of Work t;, 91: 25 00 01 31 19 Subst;t Pr-eee"res Preconstruction Meeting Preconstruction Video 01 3233 01 33 00 Submittals 01 35 13 Special Project Procedures 01 45 23 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 01 6000 Product Requirements 01 6600 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization r,,,,.,t..arat:,,,, ctakio 94 7i 29 01 7423 Cleaning 0177 19 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents CITY OF FORT WORTH Northpointe, Phase I A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 102250 Revised September 1, 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 00 0010- 2 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 2 of 4 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents NONE Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps://prof ectpoint.buzzsaw.com/client/fortworthgov/Resources/02%20- %20Construction%2ODocuments/S ecifications Division 02 - Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 0334 13 Controlled Low Strength Material (CLSM) 0334 16 GEffier-ete -Base Material for- T-Fameh Repair- 038000 Division 26 - Electrical 26 05 00 Common Work Results for Electrical 2605 10 Demolition for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems Division 31- Earthwork 31 1000 Site Clearing 31 23 16 UncIassified Excavation 31�3 —BeFFeW 31 24 00 Embankments 31 25 00 Erosion and Sediment Control 31 3700 Riprap Division 32 - Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair Goarces 32-i i 23 32 11 29 Fleidblese Lime Treated Base Courses 32 1133 Cement Treated Base Courses 32 12 16 Asphalt Paving 32 1273 Asphalt Paving Crack Sealants 3213 13 Concrete Paving 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 1373 32 14 16 Concrete Paving Joint Sealants i2,." unit A CITY OF FORT WORTH Northpointe, Phase IA STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -- DEVELOPER AWARDED PROJECTS 102250 Revised September 1, 2015 0000 10-3 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 3 of 4 1 32 1613 Concrete Curb and Gutters and Valley Gutters 2 32 1723 Pavement Markings 3 3231 13 Che:.. T i fk And- rn.,te& 4 5 3231 29 Wood Fences and Gates 6 32 32 13 Cast i Ulaee Gen6r-ete Retaining Walls 7 3291 19 Topsoil Placement and Finishing of Parkways 8 3292 13 Hydro -Mulching, Seeding, and Sodding 9 32 93 43 Trees and Shrubs 10 11 Division 33 - Utilities 12 33 01 30 Sewer and Manhole Testing 13 33 01 31 Closed Circuit Television (CCTV) Inspection 14 3303 10 IIL41��J Bypass Pumping e f Existing geweF Syst� 15 3304 10 joint Bonding and Eleety-isal isolation 16 nA 11 33vn��;�^� G ., Gent..al Test Statism s��� 17 3304 12 Magnesium A.,.,ae_ce 40-die Wat,,efie,, System 18 19 33 04 40 Cleaning and Acceptance Testing of Water Mains 20 3305 10 Utility Trench Excavation, Embedment, and Backfill 21 33 05-1`1 «r tef r : e Lowering 22 3305 13 Frame, Cover and Grade Rings 23 3305 14 Adjusting Manholes, inlets, Valve Boxes, and Other Structures to Grade 24 3305 16 Concrete Water Vaults 25 3305 17 Concrete Collars 26 3305-20 Auger- Baring 27 33 05 21 Plate -iTii'rixcz1 r i�$rcr ucv 28 33 05 22 Steel Casing Pipe 29 330523 14an,l •r,,n efi*g 30 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 31 33 05 26 Utility Markers/Locators 32 33 05 30 Exploratory Excavation for Existing Utilities 33 33 11 10 D et.le Ife., -1 1pe 34 33 11 11 Ductile Iron Fittings 35 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 36 a Steel Cylindef T.Te 37 33 11 14 Btaied Steel Pipe and Fitti .Y^ 38 33 11 15 Pre stressed Gonerete Cylinder Pipe 39 33 12 10 Water Services 1-inch to 2-inch 40 93 12 11 barge Wmei: Meters 41 33 1220 Resilient Seated Gate Valve 42 33122-1 A1I W A RAkbe. Seated D.,tt,...Fly [/aWe., 43 33 1225 Connection to Existing Water Mains 44 33 1230 Combination Air Valve Assemblies for Potable Water Systems 45 33 1240 Dry -Barrel Fire Hydrants 46 33 1250 Water Sample Stations 47 33 1260 Blow -off Valves 48 33-31 12 GUFe-t in Pl eo Pipe /!- IPP 33 31 13 Fibe....lass Deinf r-ee.1 Pipe F 17.. - t Sanitary Sewe s 49 F y 34 15 14PPE Pipe Fer Sanitary Sewers (Cif, , y T7oree Mains) 50 33 and CITY OF FORT WORTH Northpointe, Phase I A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 102250 Revised September 1, 2015 0000 10-4 TABLE OF CONTENT'S FOR DEVELOPER AWARDED PROJECTS Page 4 of 4 1 3331 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 2 33 31 21 Polyvinyl Gil ide (PN4G)Gpf:ofile G it Sanitafy Sewer- Pipe esed 3 33 3122 Sanitary sawe,. Slip 6ifling 4 5 33 31 50 Sanitary Sewer Service Connections and Service Line 6 331170 A:r "7.,1,.., for Sanitary Sewer Farce R1F.,in 7 3339 10 Cast -in -Place Concrete Manholes 8 33 39 20 Precast Concrete Manholes 9 333930 10 33 3940 Wastewater C-h-aint,er (WAG) G) 11 33 39 60 Epoxy Liners for Sanitary Sewer Structures 12 3341 10 Reinforced Concrete Stonn Sewer Pipe/Culverts 13 14 15 16 17 3349 10 Cask -in -Place Manholes and Junction Boxes 18 33 49 20 Curb and Drop Inlets 19 33 49 40 Stonn Drainage Headwalls and Wingwalls 20 21 Division 34 - Transportation 22 34 41 10 T-r-affie Signals 23 34 41 13 Removiiig TFaffie c;. Hal 24 34 41 20 Roadway Illumination Assemblies 25 3441 30 Aluminum Signs 26 3471 13 Traffic Control 27 28 29 Appendix 30 CiG 4.01 Availability of Lands 31 GC-4.02 Subsurface and Physical Conditions - Geotechnical Report 32 GG 4.04 rrfi.a r,<,.,.,.,,a Fae flifie 33 GG 4.06 u n r t ., �...:r r . t t Geiidifio at Site 34 C- C c n.c n BldS ,,e% E fito,..- fiSO G,,,V.,.t;,,,,. e 35 GG 6.07 Wage Rates ti 09 gt a II ' t:o nDOTrei=li� t 36 F3C e�nns-ate �s '�€ 37 GG-6�`z4 1Fdissl�ai�tien 38 GR nt An nn ProductRequirements 39 40 END OF SECTION CITY OF FORT WORTH Northpointe, Phase I A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 102250 Rcvised Seplcmber I, 2015 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 00 2l 13 - 1 INSTRUCTIONS TO BIDDERS Page I of 9 SECTION 00 2113 INSTRUCTIONS TO BIDDERS DEVELOPER AWARDED CONTRACTS FOR PRIVATELY BID PROJECTS ONLY 1. Defined Terms 1.1.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.1.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated Under the Contract Documents. 1.1.2.Successful Bidder: The lowest responsible and responsive Bidder to whom Developer (on the basis of City's evaluation as hereinafter provided) makes an aw ard. 2. Copies of Bidding Documents 2. I .Neither Developer/City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2.Developer and Engineer in malting copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1.All Bidders and their subcontractors are required to be prequalified for the work types requiring prequalification at the time of bidding. Bids received from contractors who are not prequatified (even if inadvertently opened) shall not be considered. Prequalification requirement work types and documentation are as follows: 3.1.1. Paving Requirements document located at; http s J/pro iec tpo int. buzzs aw. com/f`ortworthgov/Reso Lirces/02%20- %20Construction%2ODocuments/Contractor%2OPrecivalification/TPW%2OPaving %20Contractor%2OPregualific ation%2OProgram/PREQUALIFICATI ON %20REQ UI REMENTS%20FOR%20PAVING%2000NTRACTORS. PDF?public 3.1.2. Roadway and Pedestrian Lighting -- Requirements document located at; https ://pro oectpoint. b uzzsaw. com/fortworthgov/Resources/02%20- %20Construction%2ODocuments/Contractor%2OPreuaVication/TPW%2OPavin %20Contrac for%2OPreguaff is ation%2OProgram/P REQUALIFICATION%20REQ UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 3.1.3. Water and Sanitary Sewer — Requirements document located at; CITY OF FORT WORTH Northpointe, Phase 1A STANDARD CONSTRUCI'ION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 102250 Revised April 4, 2014 0021 13 -2 INSTRUCTIONS TO BIDDERS Page 2of9 https J/projec tpoint. buzzs aw. com/f`ortworthgov/Resources/02%2O- %20Cons truc tion%2ODocuments/Contractor%2OPmguaiific ation/Water%20and%2 O Sanitary%20 Sew er%20Contractor%2OPregualific ation%2OProgram/W SS%20pre qual%20reguirements. doc?public 7 3.2.Each Bidder unless currently prequalified, must be prepared to submit to City within 8 seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 9 45 11, BIDDERS PREQUALIFICATIONS. 10 11 3.2.1. Submission of and/or questions related to prequalification should be addressed to 12 the City contact as provided in Paragraph 6.1. 13 14 15 3.3.The City reserves the right to require any pre -qualified contractor who is the apparent low 16 bidder(s) for a project to submit such additional information as the City, in its sole 17 discretion may require, including but not limited to manpower and equipment records, 18 information about key personnel to be assigned to the project, and construction schedule, 19 to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to 20 deliver a quality product and successfully complete projects for the amount bid within 21 the stipulated time frame. Failure to submit the additional information, if requested, 22 may be grounds for rejecting the apparent low bidder as non -responsive. 23 24 3.4.In addition to prequalification, additional requirements for qualification may be required 25 within various sections of the Contract Documents. 26 27 4. INamination of Bidding and Contract Documents, Other Related Data, and Site 28 29 4.1. Before submitting a Bid, each Bidder shall; 30 31 4.1.1. Examine and carefully study the Contract Documents and other related data 32 identified in the Bidding Documents (including "technical data" referred to in 33 Paragraph 4.2. below). No information given by Developer/City or any 34 representative of the Developer/City other than that contained in the Contract 35 Documents and officially promulgated addenda thereto, shall be binding upon the 36 Developer/City. 37 38 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 39 site conditions that may affect cost, progress, performance or furnishing of the 40 Work. 41 42 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 43 progress, performance or furnishing of the Work. 44 45 46 CITY OF FORT WORTH Northpointe, Phase IA STANDARD CONSTRUCCION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 102250 Revised April 4, 2014 0021 13 -3 INSTRUCTIONS TO BIDDERS Page 3of9 1 4.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or 2 contiguous to the Site and all drawings of physical conditions relating to existing 3 surface or subsurface structures at the Site (except Underground Facilities) that 4 have been identified in the Contract Documents as containing reliable "technical 5 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 6 at the Site that have been identified in the Contract Documents as containing 7 reliable "technical data." 8 9 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 10 the information which the City will furnish. All additional information and data 11 which the City will supply after promulgation of the formal Contract Documents 12 shall be issued in the form of written addenda and shall become part of the Contract 13 Documents just as though such addenda were actually written into the original 14 Contract Documents. No information given by the City other than that contained in 15 the Contract Documents and officially promulgated addenda thereto, shall be 16 binding upon the City. 17 18 4.1.6. Perform independent research, investigations, tests, borings, and such other means 19 as may be necessary to gain a complete knowledge of the conditions which will be 20 encountered during the construction of the project. Bidder must fill all holes and 21 clean up and restore the site to its former conditions upon completion of such 22 explorations, investigations, tests and studies. 23 24 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 25 cost of doing the Work, time required for its completion, and obtain all information 26 required to make a proposal. Bidders shall rely exclusively and solely upon their 27 own estimates, investigation, research, tests, explorations, and other data which are 28 necessary for full and complete information upon which the proposal is to be based. 29 It is understood that the submission of a proposal is prima -facie evidence that the 30 Bidder has made the investigation, examinations and tests herein required. Claims 31 for additional compensation due to variations between conditions actually 32 encountered in construction and as indicated in the Contract Documents will not be 33 allowed. 34 35 4.1.8.Promptly notify Developer of all conflicts, errors, ambiguities or discrepancies in or 36 between the Contract Documents and such other related documents. The Contractor 37 shall not take advantage of any gross error or omission in the Contract Documents, 38 and the Developer shall be permitted to make such corrections or interpretations as 39 may be deemed necessary for fulfillment of the intent of the Contract Documents. 40 41 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 42 43 4.2.1.those reports of explorations and tests of subsurface conditions at or contiguous to 44 the site which have been utilized by Developer in preparation of the Contract 45 Documents. The logs of Soil Borings, if any, on the plans are for general 46 information only. Neither the Developer nor the Engineer guarantee that the data 47 shown is representative of conditions which actually exist. 48 CITY OF FORT WORTH Northpointe, Phase IA STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 102250 Revised April 4, 2014 002113-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.2. those drawings of physical conditions in or relating to existing surface and 2 subsurface structures (except Underground Facilities) which are at or contiguous to 3 the site that have been utilized by Developer in preparation of the Contract 4 Documents. 5 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 10 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 11 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 12 exception the Bid is premised upon performing and furnishing the Work required by the 13 Contract Documents and applying the specific means, methods, techniques, sequences or 14 procedures of construction (if any) that may be shown or indicated or expressly required 15 by the Contract Documents, (iii) that Bidder has given Developer written notice of all 16 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 17 written resolutions thereof by Developer are acceptable to Bidder, and when said 18 conflicts, etc., have not been resolved through the interpretations by Developer as 19 described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient 20 to indicate and convey understanding of all terms and conditions for performing and 21 furnishing the Work. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 4.4.The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1.The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Developer. CITY OF FORT WORTH Nodhpointe, Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS --DEVELOPER AWARDEDPROJECTS 102250 Revised April 4, 2014 0021 13 -5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6. Interpretations and Addenda 2 3 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 4 Developer's/City's representative. Interpretations or clarifications considered necessary 5 by Developer in response to such questions will be issued by Addenda delivered to all 6 parties recorded by Developer as having received the Bidding Documents. Only 7 questions answered by formal written Addenda will be binding Oral and other 8 interpretations or clarifications will be without legal effect 9 10 Address questions to: 11 12 13 Attn: Bryce Eckeberger, Kimley-Horn 14 Email: bryce.eckeberger@kimley-horn.com 15 Phone:972-770-1324 16 17 Attn: Khal daafari, City of Fort Worth 18 Email: khal.iaafarz(afortworthtexas. gov 19 Phone: 817-392-7872 20 21 22 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 23 Developer/City. 24 25 6.3.A prebid conference maybe held at the time and place indicated in the Advertisement or 26 INVITATION TO BIDDERS. Representatives of Dcveloper will be present to discuss 27 the Project. Bidders are encouraged to attend and participate in the conference. 28 Developer's representative will transmit to all prospective Bidders of record such 29 Addenda as Developer considers necessary in response to questions arising at the 30 conference. Oral statements may not be relied upon and will not be binding or legally 31 effective. 32 33 7. Bid Security 34 7.1.Each Bid must be accompanied by Bid Bond made payable to Developer in an amount of 35 five (5) percent of Bidder's maximum Bid price on form attached, issued by a surety 36 meeting the requirements as listed in the General Conditions. 37 38 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 39 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 40 Agreement within 10 days after the Notice of Award, Developer may consider Bidder to 41 be in default, rescind the Notice of Award, and the Bid Bond of that Bidder will be 42 forfeited. Such forfeiture shall be Developer's exclusive remedy if Bidder defaults. The 43 Bid Bond of all other Bidders whom Developer believes to have a reasonable chance of 44 receiving the award will be retained by Developer until final contract execution. 45 46 8. Contract Times 47 The number of days within which, or the dates by which, Miles tones are to be achieved in 48 accordance with the General Requirements and the Work is to be completed and ready for 49 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 50 attached Bid Form. 51 CITY OF FORT WORTH Northpointe, Phase 1 A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 102250 Revised April 4, 2014 0021 13 -6 INSTRUCTIONS TO BIDDERS Page 6 of 9 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 4 10. Substitute and "Or -Equal" Items 5 The Contract, if awarded, willbe on the basis of materials and equipment described in the 6 Bidding Documents without consideration of possible substitute or "or -equal" items. 7 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- b equal" item of material or equipment may be furnished or used by Contractor if acceptable to 9 City, application for such acceptance will not be considered by City until after the Effective 10 Date of the Agreement. The procedure for submission of any such application by Contractor 11 and consideration by City is set forth in Section 0125 00 of the General Requirements. 12 13 14 15 16 17 18 19 11. Bid Form 20 21 22 11.1. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 23 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 24 the Bid Form. ABid price shall be indicated for each Bid item, alternative, and unit 25 price item listed therein. In the case of optional alternatives, the words "No Bid," 26 'No Change," or 'Not Applicable" may be entered legibly, in ink or type, for which 27 the Bidder proposes to do the work contemplated or furnish materials required. 28 29 11.2. Bids by corporations shall be executed in the corporate name by the president or a 30 vice-president or other corporate officer accompanied by evidence of authority to 31 sign. The corporate seal shall be affixed. The corporate name, address and state of 32 incorporation shall be shown below the signature. 33 34 11.3. Bids by partnerships shall be executed in the partnership name and signed by a 35 partner, whose title must appear under the signature accompanied by evidence of 36 authority to sign. The official name and address of the partnership shallbe shown 37 below the signature. 38 39 11.4. Bids by limited liability companies shall be executed in the name of the firm by a 40 member and accompanied by evidence of authority to sign. The name and state of 41 formation of the firm and the official address of the firm shall be shown. 42 43 11.5. Bids by individuals shall show the Bidder's name and official address. 44 45 11.6. Bids by joint ventures shall be executed by each joint venturer in the manner 46 indicated on the Bid Form. The official address of the joint venture shall be shown. 47 48 11.7. All names shall be typed or printed in ink below the signature. 49 CITY OF FORT WORTH Notthpointe, Phase IA STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDEDPROJECTS 102250 Revised April 4, 2014 0021 13 - 7 INSTRUCTIONS TO BIDDERS Page 7of9 I 11.8. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 2 which shall be filled in on the Bid Form. 4 11.9. Postal and e-mail addresses and telephone number for communications regarding the 5 Bid shall be shown. 7 11.10. Evidence of authority to conduct business as a Nonresident Bidder in the state of 8 Texas shall be provided in accordance with Section 00 43 37 -- Vendor Compliance 9 to State Law Non Resident Bidder. 10 11 12. Submission of Bids 12 Bids shall be submitted on the prescribed Bid Form and proposal form, provided with the 13 Bidding Documents, at the time and place indicated in the Advertisement or INVITATION 14 TO BIDDERS, addressed to City of Fort Worth Project Manager, and shall be enclosed in an 15 opaque sealed envelope, marked with the City Project Number, Project title, the name and 16 address of Bidder, and accompanied by the Bid security, if required, and other required 17 documents. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 13. Modification and Withdrawal of Bids 13.1. Bids cannot be withdrawn prior to the time set for bid opening. Arequest for withdrawal must be made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. After all Bids not requested for withdrawal are opened and publicly read aloud, the Bids for which a withdrawal request has been properly filed may, at the option of the Developer/City, be returned unopened. 13.2 Bidders may modify their Bid by electronic communication at any time prior to the time set for the closing of Bid receipt. 14. Opening of Bids Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 15. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. Developer/City may, at their sole discretion, release any Bid and nullify the Bid security, if required, prior to that date. CITY OF PORT WORTH Northpointe, Phase 1 A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS --DEVELOPER AWARDEDPROIECFS 102250 Revised April 4, 2014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 00 21 la - 8 INSTRUCTIONS TO BIDDERS Page 8 of 9 16. Evaluation of Bids and Award of Contract 16.1. Developer/City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive; unbalanced or conditional Bids and to reject the Bid of any Bidder if Developer/City believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City. Developer/City also reserves the right to waive informalitics not involving price, contract time or changes in the Work with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.1.1. Any or all bids will be rejected if Developer/City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against Developer/City, Developer/City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the Developer/City will prevent or hinder the prompt completion of additional work if awarded. 16.2. Developer/City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the Developer/City. Developer/City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.3. Developer/City may conduct such investigations as Developer/City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Developer's/City's satisfaction within the prescribed time. 16.4. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by Developer/City indicates that the award will be in the best interests of the Developer/City. 16.5. Failure or refusal to comply with the requirements may result in rejection of Bid. CITY OF FORT WORTH Notthpointe, Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 102250 Revised April 4, 2014 m 002113-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 t7, Signing of Agreement When Developer issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. The Contractor shall sign and deliver the required number of counterparts of the Agreement to Developer's representative with the required Bonds, Certificates of Insurance, and all other required documentation. END OF SECTION CITY OF FORT WORTH Northpointe, Phase IA STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDEDPROJECTS 102250 Revised April 4, 2014 C ONATS ER DOCUMENTS 004100 DAP RIP FORM FOR PUBLICLY BID PROJECTS ONLY Page 1 oF3 SECTION 00 4100 DAP BID FORM FOR PRIVATELY BID PROJECTS ONLY TO: Lennar Homes of Texas Land & Construction, Ltd. 1707 Market Place Blvd, Suite 100 Irving, TX 75063 FOR: Northpointe Phase IA City Project 102250 No.: Units/Sections: Unit I Water and Sewer Improvements Unit 2 Drainage and Paving Improvements 1. Enter Into AgreemeW The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2, Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements it the construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted it conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes ofthis Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PRO] ECTS 00 4100 Bid Form— DAP.d= Form Revised April 2, 2014 004100 PAP BID FORM FOR PUBLICLY BID PRO.TECTS ONLY Page 2 of 3 b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. NIA b. NIA C. NIA d. N/A 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 200 calendar days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 4100 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 f. Any additional documents that maybe required by Section 12 of the Instructions to Bidders g. Bidder pre -qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit CITY OF FORT WORTH STANDARD CONSTRUCTION 81D FORM -DEVELOPER AWARDED PROJECTS 00 41 00 Bid Form - DAP.doa Form ReYiwd April 2, 2014 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 3 of 3 bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 7. Bid Submittal This Bid is submitted on by the entity named below Respectfully submitted, By: (Si tune) Block Huggins, President (Printed Name) Title: Company: Conatser Construction Tx, LP Address: 5327 Wichita Street Fort Worth, TX 76119 State of Incorporation: Texas Email: brock@cctxpl.com Phone: 817-546-5148 Receipt is acknowledged of the following Addenda: Initial Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCN ON BID FORM - DEVELO PER AWARDED PROJECTS 0041 00 Nd Form - DAP,doa Form Revised April 2, 2014 00 42 43 DAP - WD PROPOSAL P"gc t "f 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. I Unitof I Measure Bid QRarilily Unit Price Bid Value UNIT I: WATER IMPROVEMENTS 1 2 3 4 3311.0241 8" Water Pipe 3311.0461 16" Water Pipe _ 3311.0461 16" Water Pipe b_y Baru _ 3305.1103 20" Casing Pipe 3312.0001 Fire Hydrant Assembly wl 6" Gate Valve & Box 3312.4112 16" x 8" Tapping Sleeve & Valve 3312.1002 2" Air Release Valve_ 3312.6002 6" Blow Off Valve 0241.1218 4"-12" Water Abandonment Plug 3311.0001 Ductile Iron Water Fittings w/ Restraint 3312.3003 8" Gate Valve 3312.3006 16" Gale Valve 3365.0116 Concrete Encasement for Utility Pipes 3312.2003 1"Water Service 3312.0110 Connection to Existing 36" Water Main 3471.6001 Traffic Control 3305.0109 Trench Safely - - - _ - -- -- — . - - -- - - — - 33 11 10,33 11 12 3311 10, 33 1_1 12 3311 16, 33 11 12 33 05 22 3311 10,3311 12 33 12 25 33 12 30 _ 33 12 60 _ _ 0241 14 33 11 11 33 12 20 33 12 20 33 05 10 3_31210 _ 33 12 25 34 71 13 _ 60 6510 ---- — — _--- _ LF _ LF LF LF EA EA EA EA _ 3,174 _ 3,774 45 45 8 1 _ 1 2 $34.00 $70.00 $480.00 $100.00 $4.200.00 $26.500.00 $4.500.00 $8,500.00 $1,000.00 $4,500.00 $1,250.00 _$_1.4,600.00 $40.00 _ $950.00 _$12,600.00 _$2_ ,_500.00 $1.00 - - $107,916.00 $264,180.00 $21.600.00 $4.500.00. $33.600.00. $26,600.0.0. $4,600.00 $17,000.00 $8,000.00 $12,825.00 $25,000.00 $29,000.00 $4.800.00 $60,800.00 $12,500.00 $2,500.00 $6,993.00 - - - — — - - 8 7 8 9 10 11 12 13 14 _ 15 16 _ 17 - - 18 EA 8 TON 2.85 20 2 EA EA _ LF. EA_ _ EA _ LS LF - _ 120 64 1 1 6,993 - - 2 — 21 - 22 23 24 — 25 - 26 27 28 --29 _ 30 31 --32 _ 33 34 - _ 35 36 37 38 39 40 ---43 45 TOTAL UNIT I: WATER IMPROVEMENTS $642,214.00 MY OF FORT WORTH STANDARD CONSTRUCTION SPECanCATIDN DOCUI,WNI S-DEW1.0PERAWARDFD PROJECTS Form Vado"Septnubar I, 2015 OD 42 43_Bid P.j-4_DAP PHASE IAA 00 42 0 DAP - BID PROPOSAL. Pogo 2 of 7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal BidhstItem No. Description Specification Section No. UnitoF Measure Bid Quautity unit Price Bid Value UNIT It: SANITARY SEWER IMPROVEMENTS 1 3331.4115 8" Sewer Pipe 3311 10, 33 31 12, 33 3120 LF 4,660 $38.00 $177�080.00 2 3331.4201 10" Sewer Pipe 3311 16,3331 12,333120 LF 1,600 $44.00 $70,4 00.00 3 3331.4208 12" Sewer Pipe 3311 10, 33 31 12, 33 3120 LF 852 $48.00 $49,896.00 4 3331.4208 10" Sewer Pipe by Bare 3311 10,3331 12,333120 LF 20 $380.00 $7,60000 5 3331.4215 15" Sewer Pipe 3311 10.3331 12, 33 31 20 LF 1,604 $68.00 $109,072.00 B 3331.4116 8" Sewer Pipe, CSS Backfill 3311 10 LF 60 $58.00 $3,480.00 7 3331.4117 8° Sewer Pipe, CLSM Backfi_II 3311 10 LF 60 $68.00 $4,080.00 8 3305.3005 15" Sewer Carrier Pipe 3339.1001 4' Manhole 3339.1002 4' Manhole wl Epoxy. Liner 33 05 24 33 3910. 33 39 20 33 3916, 3333939 20 - LF EA EA _ 20 $95.00 $3,600.00 $8,850.00 $1,90000 $50,400.00 $160,450.00 9 14 17 10 11 3.1003 4' Extra Depth Manhole 3331.3101 4" Sewer Service 33 31 50 3331 50 VF EA 123.7 64 $186.00 $650.00 $22,884.50 $411,600.00 12 13 3305.0109 Trench Safety 000510 - LF 8,738 $1.00 $8,736.00 14 3301.0101 Manhole Vacuum Testing 3301 30 EA 31 $_150.00 $4,650.00 15 3301.0002 Post -CCTV Inspection 3301 31 LF 8,73.6 _ $2.00 $17,472,00 16 9999.0001 Connect to Existing MH 00 00 00 EA 1 $2,600.00 $2,500.00 17- 18 - - 19 19 - - - -- - 21 22 - - - 23 - - - - 24 25- -- --- - 26 - - - - - - - 27 - 28 - --- 29 - - - - - - - - - - 30 - -- - - - 31 - - - 31 33 - - - - - - - 34 -- - -- - - - 35 f 36 - _ - - 37 - - - 38 39 - - -- - 41 - - - 42- 43 44-- - - 45 TOTAL UNIT It: SANITARY SEWER IMPROVEMENTS $713,200.50 CHY OI' RDRT WORTH STANDARD CONSTRUCTION SPECR8CAMN DOCUMENTS - PP.VIRAPPR AWARDED PROTECIS I-, Version S.pi-b r 1. 2015 00 42 41_Bid PmPosal_DAP PHASE 1 A.41 00 4141 DAP -Elm PROPOSAL. Pagel d7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project item Information Bidder's Proposal Bidlist Item No. Pescnplion Sptcificatio¢S.ectio¢No. Unit of Measure Bid QoanUly Unit Price Hid Value UNIT III: DRAINAGE IMPROVEMENTS 1 2 3 4 5 B 7 8 9 10 11 12 13 14 15 _ __f7 18 19 20 21 3349.5001 10' Curb Inlet 3349.6001 10'Recessed Inlet 3348.6002 15' Recessed Inlet 334%60_03_20' Recessed Inlet 3349,OD01 4' Storm Junction Box 3349r0006 9' Storm Junction Box 9999.0002 1 T Storm Drain PVC 3341 A201 21" RCP, Class III 3341.0205 24" RCP, Class III 3341.1201 5x3 Box Culvert 5341.1401 7x3 Box Culvert 3341.1201 2-5x2 Multiple Box Culvert 3349.4105 24" SET, 1 pipe 9999.0003 TxDOT PW-0 (5' x 3') 9999.6064 TxDOT SW-0 (2-5' x 2) 9999.0005 TxDOT SW-0 (7' x 3') 9999.0006 24" Nytoplast Inline Drain wt Standard Grate 367.0102 IT Large Stone Riprap, dry 3305.0109 Trench Safety - - - - - 33 49 20 33 49 20 33 49 20 33 49 20 33 49 10 33 49 10 00 00 00 33 4116 _ 33 41 10 33 41 10 33 41 10 3341 10 33 05 17 00 00 00 00 00 00 _ 00 00 00 00 00 00 _ 31 37 00 - 00 05 10 _ - - - - EA EA_ EA EA EA EA LF LF 8 1 1 3 3 1 55 185 1,214 292 39 $3,200.00 $4,200.00 $5.200.00 $6.200.00 $4,500.00 $12,500.00 $42.00 $50.00 $55.00 $205.00 $335.00 $400.00 $2,500.00 $8,500.00 $12,500.00 $11,500.00 $2,500.00 $90.00 $1.00 - - _ _ - _ - -. 125,600.0D $4,200.00 $5,200.00 18,600-00 _ $13.500-00 _ $12,500.00 _ _ $2,310.00 $9,260,00 LF $66,770.00 LF — -_ $69,860.00 $13,065.00 $45,200.00 . $17,500.00 $8,600.00 $25,000.00 _ $11,600.00 _$2.500.00 $39.600.00 $1.898.00 - _LF. LF EA EA_ EA EA EA SY LF - 113 7 1 2 1 1 440 1,898 22- 23 - - 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3B 39 40- 41- _ 42 43 _4_4 45 _ TOTAL UNIT III: DRAINAGE IMPROVEMENTS $382.553.00 C1TY of FORT WORM STANDARD CONSTRUL710N srEcagCAi tow nockWEN1S-DEVEWPER AWARDED PROJECTS Fmm Version Seplembtr 1. 2015 W4243eidrwpunl DAFP11ASE IA.xts OD 4241 DAP - DID PROPOSAL Pogc 4 e0 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Projut Item lafoemation Bidders Proposal Bidlistollm Description SpecificationSetlionNo. Unilof Measure QBa+tpl y Unit Price BidVsluo IT IV: PAVING IMPROVEMENTS 1 2 3 _ 4 5 _ 6 7 8 9 10 11 12 3213.0101 6" Conc Pvmt 3213.0101 7.5" Conc Pvmt _ 3213.0101 10" Cone Pvmt 3211.0501 6" Lime Treatment 3211.0501 8" lime Treatment 3211.0400 Hydrated Lime Q 30# 1 SY _ - 3213,0302 5"Conc Sidewalk _ 3213,0303 6" Conc Sidewalk 9999,0007 W Bike Lane 3213.05011 Barrier Free Ramp, Type R-1 3213,6504 Barrier Free Ramp, Type P-1 9999.0008 Construct Concrete Header 9999.0009 Install Type III End -of -Road Barricade 3217.0006 4" DqT Pvmt Marking HAS (Y) 3217.0501 24" SLD Pvmt Marking HAE (W ) 3441 A003 Futnishlinstall Alum Sign Ground Mount City Std. 9_999,0010 Install Street Name Blades 9999.0011 Install Slap Sign 9999.0012 Install Miscellaneous Tral@c Sign 3291.0100 Tap Soil 3292.0100 Block Sod Placement 9996.0613 TxDOT Handrail 9999.0014 Connect to Existing Asphalt Pavement _ 3137.0102 12" Large Stone Riprap, dry f 3471.0601 Traffic Control - W _ - - - - - 3213 13 321313 32 13 13 32 11 29 32 11 29 _ 32 11 29 _ _ 32 1320 32 1320 _ 60 00 00 32 13 20 32 13 20 00 00 00 00 00 00 32 17 23 32 17 23 34 41 30 00 00 00 00 00 00 - 00 00 00 3291 19 32 92 13 OD 00 00 00 00 00 31 37 00 34 71 13 - - - SY SY SY SY 8.245 865 10,465 8,762 12,190 314 $35.00 $42.00 $52.00 $3.15 $3.50 $180.00 $16.25 $20.00 $20.00 $11,500,00 �$1,200.00 _ $20.00 _$50D.00 $1.50 $20.00 _ _ $35D.OD $200.00 _ _ __$300.00 $650.00 $8.00 $4.25 $140.00 _ $1,000.00 $90.00 $1,500.00 _ $288,575A0 _;36,330A0 $544,180.00 $27,600.30 $42,665.00 $55,520.00 $56,5_O 090 _ $6.400.00 _ $65,540.00 �6 000.00 $.16_,800.0-0 $3,420.0_0 $3,000.00 $10,578.00 $920 00 $5,250.00 $1,600.00 $1,800.00 $650.00 $123,120.00 $65,407.60 $10,080.00 $1,000.00 $1,800.00 $1,500.00 - - - _ SY TON _ LF LF _ 3,452 320 LF 3,277 EA EA _ LF _ EA - -- LF LF EA EA EA EA SY SY LF EA _ SY__ LS - 4 _ 14 _171 6 13 _ 14 - - 7,052 46 15 15 16. 17 _ 18 8 6 1 19 20 21 _ 22 23 24 15,390 15,390 72 1 _ 20 25 1 26 27 28 29 30 31 - 32 - -- - -- - --- - --- - - - --- -- 33 34 35 - - 36 37 3fl- - - -- - -- 39 - - - _ 40 41 42 43 44 45 TOTAL UNIT IV: PAVING IMPROVEMENTS $1,376,830.80 CrYOFFORT WORTH STANDARD CONSTRUCTION SPECIFiCAMN DOCUMENTS - DEVELOPER AWARDED PROJECTS Farm Version September I, 2015 00 42 43_aid Pmpo. DAP P11ASE tA.Al 0042 43 DAP -RR7 PROPOSAL Pegr5 or7 SECTION 04 42 43 Developer Awarded Projects - PROPOSAL FORM J4]ki111i9:4[y1111=31I'll Bidder's Application Pmjmt Item lurolmatiou Bidders Proposal BIdIN II Description Specification Section No. Me»urre Did Unil Nx Bid Value UNIT V: STREET LIGHTING IMPROVEMENTS 1 2 3 4 3441.3341 Rdwy Illum TY 11 Pole 3441.3342 Rdwy Illum TY 18 Pole 3441.3301 Rdwy Ilium Foundation TY 1,2, and 4 _ 3441.3302 Rdwy Illum Foundation TY 3,5,6, and 8 3441.1408 No 6 Insulated Elec Cond_r, Alum. #6_XH_H_W 3441.1632 Install Type 33A Arm _ 3441.1633 Install Type 33B Arm 9699.0015 ATBO-20BLEDE70-MVOLT-R2-3K-MP-NL-07 Luminaire 9999.0016 AT60-408LEDE10-MVOLT-R2-3K-MP-NL-P7 Luminalre 9999.0017 Type R4 Luminalre --- 2605.3018 T CONDT PVC SCH 80. Open Cut - - - - - - - -- — — - -- - -- - -- - - - - - - - - - - - - - - - - -- - - - - - - - -- - - --- --- 3441 20 3441 20 344120 34 41 20 34 T1 10 34 41 20 _ 344120 - 34 41 20 3441 20 34 4120 260533 - - EA EA EA EA LF EA EA EA EA EA LF 11 19 11 19 6.180 38 11 10 38 1 6.180 - $2,600.00 $3_,000.00 $1,000.00 $1,200.00 $3.00 $375.00 $300.00 $650.00 $850.00 $950.00 $11,00 - - - - -- — - - - - - - - - - - - -- - -- - $28,600.00 $57,000.00 $11,000.00 $22,800.00 $18,540.00 $14,250.00 _ $3,300.00 $6,500,00 5 6 7 8 9 $32,300.00 10 11 12 13 $950.00 $67,980.00 - 14 - 15 --17 — 48 - 19 20 21 22 23 24 - 24 25 -27 28 29 - 30 - — — 31 32 33 - - 34 35 86 _ 37 38 -- - — - - - --- - - -- - 4D 41 42 - 43 44 - - 45 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $263,220.Co CRY OPPORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROIECIS F.- V—L- S pu.bff 1. 2015 00 42 43Bid 1`nTomI_OAP P]IASE]A.xls 04243 DAY - ➢m PROPOSAL Page 6 a7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Sidfist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price 13id Value UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS 1 2 4 5 l- 7 9 810 12 13 14 15 1 17 18 19 20 - 21 2 23 24 26 26 --27 - 28 - 20 _ 30 - 31 2 3 - - 33 34 —35 37 38 39 40 -47 -42 _ 43 _ 44 45 -- ---- - - - - - - --- -- -- - — — — — — — - --- - — -- — — -- -- - - - - - -- - - - - - -- - - - - _ - - - - --- --- - -- - -- - - - - - - - — - TOTAL UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS CrrY OFPORI" WORM STANDARD coNSTRuCnON SPWIMCA110N DOCUMENTS - DEVELOPER AWARDED PRDJEC1 S Form Version Sepl—l- 1, 2015 00 42 43 ➢idP.1-1_DAP FRAS➢ IA1Js OD 42 43 DAP-BRTPROrt)SAL Ngc 7 nf7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item lntormation Bidders Proposal Bidlist Item Description Specification Section No. Unit of Bid Unit Price Bid Value No. Measure Quantity' Bid UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS Total This Bid is submitted by the entity named below: $713,200.50 $382,553.00 $1,376,830.80 $263,220.00 BIDDER: BV: Broct gins _ Conatser Construction Tx, LP SIGN fh 5327 Wicbita Steef Fort Worth, TX 76119 TITLE: President DATE: Contractor agrees to complete WORK for FINAL ACCEPTANCE within 200 working days after the date when the CONTRACT ennnnences to run as provided In the General Conditions. END OF SECTION CITY OF FORT- \VOR l 11 STANDARD (:(INSTRUCTION SPB('IFIC-ATION DUCUAn?N'1S-DI:VI:IAF'!:R AN'ARDFD PROTFCTS Form Version sepi-Nr t. 2015 OD 42 43—Bid Fmp—I.DAP P11ASL IA.a1s 0045 12 DAP PREQUALIFICATION STATEMENT Pnge 1 of I SECTION 00 4512 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequaliiication Expiration Date Water New Development CONATSER CONSTRUCTION TX, L.P. 7/31/2020 Wastewater New Development CONATSER CONSTRUCTION TX, L.P. 7/31/2020 Storm Drain New Development CONATSER CONSTRUCTION TX, L.P. 1/3/2021 Concrete Pavement Construction CONATSER CONSTRUCTION TX, L.P. 1 /3/2021 Street Lights CONATSER CONSTRUCTION TX, L.P. 1/7/2022 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER Conatser Construction TX, L.P. 5327 Wichita St. Fort Worth, TX 76119 BY: Brock Huggins AL& N (Signature) TITLE: DATE: END OF SECTION President CITY OF PORT WORTH 00 45 12_Prequalifrcatlon Statement 2015_Dr1P STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 004526.1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No, 102250 Contractor further certifies that, pursuant to Texas Labor Code, Section 7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 10 CONTRACTOR: 11 12 Conatser Construction Tx, LP By: Brock Huggins 13 Company (Please Print) ## 14 / SIGN H!!3 15 5327 Wichita Street Signature: ✓ ���eee �����11�1 16 Address opa 17 18 Fort Worth, TX 76119 Title: President 19 City/State/Zip (Please Print) 20 21 ��"��i LINDSEY S GRIER ^��.`PS��' pU� i 22 THE STATE OF TEXAS § _z; << ^Notary Public. State 6 Texas f 'per Comm. Expires 08-06 2023 23%n�oFfi�ti Notary ID 13032378 2 24 COUNTY OF TARRANT § 25 26 BEF RE ME undersi ned authority, on this day personally appeared 27 , known tome to be the person whose name is 28 subscribed to the forej stru nt lid acknowledged tome that he/she executed the same as 29 the act and deed of for the purposes and 30 consideration therein exp essed and in the capacity therein stated. 31 32 G F MY HAND EAL OF OFFICE this day of 33 r , 2_ 34 35 36 37 gotary Public in a d for the State of Texas 38 39 END OF SECTION 40 CITY OF FORT WORTH Northpointe, Phase JA STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102250 Revised April 2, 2014 005243-1 Developer Awarded Project Agreement Page I of SECTION 00 52 43 AGRFFMlNT 4 THIS AGREEMENT, authorized on is made by and between the Developer, 5 Lennar Homes of Texas Land & Construction, Ltd., authorized to do business in Texas 6 ("Developer"), and Conatser Construction Tx, LP, authorized to do business in Texas, acting by 7 and through its duly authorized representative, ("Contractor"), 8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2. PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 Northnointe. Phase IA 17 102250 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 200 calendar days the date when 24 the Contract Time commences to run as provided in Paragraph 12.04 of the Standard City 25 Conditions of the Construction Contract for Developer Awarded Projects. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that Developer 28 will suffer financial loss if the Work is not completed within the times specified in 29 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 30 the Standard City Conditions of the Construction Contract for Developer Awarded 31 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 32 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 33 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees 34 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 35 Developer Dollars ($ ` W.I?or each day that expires after the time specified in Paragraph S, 36 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Norrhpointe, Phase 1,4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS --DEVELOPER AWARDED PROJECTS 102250 Revised June 16, 2016 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 37 Article 4. CONTRACT PRICE 38 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of Three million, three hundred sever -eight thousand, 40 eighteen dollars &thirty cents Dollars ($ 3,378,018.30 ). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 A. The Contract Documents which comprise the entire agreement between Developer and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalification Statement 3) State and Federal documents (project specific) b. Insurance ACORD Form(s) c. Payment Bond (DAP Version) d. Performance Bond (DAP Version) e. Maintenance Bond (DAP Version) f. Power of Attorney for the Bonds g. Worker's Compensation Affidavit li, MBE and/or SBE Commitment Form (If required) 3. Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH Northpoinle, Phase IA STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 102250 Revised June 16, 2016 00 52 43 - 3 Dcvcloper Awarded Project Agreement Page 3 of 4 75 Article 6. INDE MFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and again s t any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to operate 81 and be effective even if it is alleged or proven that all or some of the damages be in g 82 sought were caused, in whole or in part, by any act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs, expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city, its officers, servants andemployees, from and against any and all loss, damage 89 or destruction of property of the city, arising out of, or alleged to arise out of, the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. 'Ibis indemnification 92 provision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damn es being sought were caused, in whole or in part, 94 by anv act, omission or nezlieence of the city. 95 96 Article 7. NHSCELLANEOUS 97 7.1 Terms, 98 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 99 the Construction Contract for Developer Awarded Projects. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the Developer. 103 7.3 Successors and Assigns. 104 Developer and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon DEVELOPER and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas, Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Northpolute, Phase 1A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 102250 Revised June 16, 2016 116 117 T6 Authority to Sign. 118 119 120 121 122 123 124 125 126 00 52 43 -4 Developer Awarded Project Agrmuent Page 4 of 4 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date") Contractor: Conatser Construction Tx, LP Developer: Lennar Homes of Texas Land & Constriction Ltd _ByL.V/��V �%, <::AM ( nature} Brock Huggins Jennifer Eller (Printed Name) (Printed Name) Title: President Title: Authorized Agent Address: 5327 Wichita Street Address:1707 Market Place Blvd, Suite 100 City/State/Zip: Fort Worth, Texas 76119 City/State/Zip: Irving, Texas 75063 Date Date CITY OF PORT WORTH Northpolrite, Phase ]A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 102250 Revised June 16, 2016 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 006125 -1 CERTEFICATE OF INSURANCE Page 1 of 1 SECTION 00 6125 CERTIFICATE OF INSURANCE END OF SECTION CITY OF FORT WORTH Northpointe, Phase 1A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102250 Revised July 1, 2011 Bond No. 0229593 006213-1 PERFORMANCE BOND Page I of 2 1 SECTION 00 6213 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Conatser Construction Tx LP , known as 8 "Principal' herein and Berkley Insurance Company , a corporate 9 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, lennar 11 Homes of Texas Land and Construction., LTD., authorized to do business in Texas ("Developer") 12 and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of, Three 13 million, three hundred seventy-eight thousand, eighteen dollars and 30/100 Dollars 14 ($ 3,378,018.30 ), lawful money of the United States, to be paid in Fort Worth, Tarrant 15 County, Texas for the payment of which sum well and truly to be made jointly unto the 16 Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, 17 successors and assigns, jointly and severally, firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities 20 Agreement, CFA Number 19-0110; and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the.. I I` day of , 20�J, which Contract is hereby referred to and made a 23 part hereof for all purposes as if Ly set forth herein, to furnish all materials, equipment labor 24 and other accessories defined by law, in the prosecution of the Work, including any Change 25 Orders, as provided for in said Contract designated as Northpointe, Phase IA. 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 Norihpoinre, Phase IA STANDARD CIFYCONAiT10NS—DEvELOPER AWARDED PROJECTS 102250 Revised Junuury 31, 2012 00 6213 -2 PERFORMANCE BOND Page 2 of 2 1 PROVIDED FURTHQt, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this instrument by duly authorized agents and officers on this the day of 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ATTEST: (Principal) Secretary VO Witness as to Surety PRINCIPAL ConatserConstruction Tx I3? Signatdre i. Brock Hu au iftS,Pres id ent Name and Title Address: 5327 Wichita Street _Fort Worth. TX 76119 SURETY: Berkley Insurance Company BY — - -7-,,1 e Signature Robbi Morales, Attorney-! n-fact Name and Title Address: 5005 LBJ Freeway, Suite 1500 Dallas, TX 75244 Telephone Numb er: 214/989-0000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extras t from the by-laws showing that this person has authority to sign such obligation. If Surety's physicaladdress is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Norlhpalnle, Phase 1R STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS 102250 Revised January 31, 2012 Bond No. 0229593 00 6214 - l PAYMENT BOND Page 1 of2 1 SECTION 00 6214 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARR.AN)C § 7 That we, Conatser Construction Tx, LP , known as 8 "Principal" herein, and Berkley Insurance Company a 9 corporate surety ( or sureties if more than one), duly authorized to do business in the State of 10 Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the 11 Developer, Lennar Homes of Texas Land and Construction, LTD., authorized to do business in 12 Texas "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the 13 penal sum of Three million three hundred seventy-eight thousand, eighteen dollars and 30I1 00 14 Dollars ($� 3,378,018.30 ), lawful money of the United States, to be paid in Fort 15 Worth, Tarrant County, Texas, for the payment of which sumwelland truly be made jointly unto 16 the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, 17 administrators, successors and assigns, jointly and severally, firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number 19-0110; and 21 VV E AS, Principal has entered into a certain written Contract with Developer, 22 awarded the A_day of R)OCtAaIll , 20,7,, , 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 Northpointe, Phase 1A. 26 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 27 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 28 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 29 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 30 force and effect. CITY OF FORT WORTH Morthpolate, Phase ]A STANDARD MYCONDITIONS — DEVELOPER AWARDED PROJECTS 102250 Revised January 31, 2012 00 6214 - 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 drily authorized agents and officers on this the�� day of 6 , 20 Zp 7 8 9 10 11 12 13 14 ATTEST: (Principal) Secret A F itn s as to Pr ipal ATTEST: Fes, — 4�1� (Surety) Secretary j (,,t- Witness as to Surety PRINCIPAL: Conats r Construction Tx LP BrockHugins. President Name and Title Address:5327 Wichita Street _Fort W orth. TX 76119 SURETY - Berkley Insurance Company BY: Signature Robbi Morales, Attorney -in -fact Name and Title Address: 5005 LBJ Freeway, Suite 1500 Dallas, TX 75244 Telephone Number: 2141989-0000 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation, If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH Norlhpoinle, Phase lA STANDARD CIPYCONDrFIONS —DEVELOPER AWARDED PROJRCTS 102250 Revised January 31, 2012 Bond No. 0229593 006219-1 MAINTENANCE BOND Page I of 3 1 SECTION 00 6219 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, _ Conatser Construction Tx, LP , known as 8 "Principal" herein and Berkley Insurance Company a corporate surety 9 (sureties, if more than one) duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Lennar 1 i Homes of Texas Land and Construction, LTD., authorized to do business in Texas ("Developer") 12 and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum of Three 13 million, three hundred seventy-eight thousand, eighteen dollars_ and 30/ 100 Dollars 14 ($ 3,378,019.30 ), lawful money of the United States, to be paid in Fort Worth, Tarrant 15 County, Texas, for payment of which sum well and truly be made jointly unto the Developer and 16 the City as dual obligees and their successors, we bind ourselves, our heirs, executors, 17 administrators, successors and assigns, jointly and severally, firmly by these 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 19-0110;and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the _ day of P-N--Y qj-. ) 2077, 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 Northpointe, Phase IA; and 28 29 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 30 accordance with the plans, specifications and Contract Documents that the Work is and will 31 remain free from defects in materials or workmanship for and during the period of two (2) years 32 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 33 CITY OF FORT WORTH Northpoinle, Phase lA STANDARD CIrYCOND1TIONS —DEVELOPER AWARDED PROJECTS 102250 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 conlplelion 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 FURTM, 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 Northpofnle, Phase IA STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJI3CTS 102250 Revisal January 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 1 IN WT INkSS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the day of 3 ,20 a). 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ATTEST: 1 4rinlp'a�I)S crets P.fflm k Am OM ATTEST: Zutc -6p (Suretyl Secretary (y�� 6u` rWZ� Witness as to Surety PRINCIPAL: Conatser Construction Tx LP BY:.... A-164s— Signature 00 Brock Huggins. Pres idealt Name and Title Address-,5327 Wichita Street _Port Worth TX 76119 SURETY - Berkley Insurance Company BY: 7� Signature r Robbi Morales, Attorney -in -fact Name and Title Address: 5005 LBJ Freeway, Suite 1500 Dallas, TX 75244 - Telephone Number: 214/989-0000 *Note; If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both mustbe provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH )Vorlhpohale, Phase ]A STANDARD CIrYCONDITIONS —DEVELOPER AWARDED PROJECTS 102250 Revised January 31, 2012 No. BI-7280j POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. b KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly CU organized and existing under the Iaws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Ricardo J. Reyna, Don E. Cornell; Sophinie Hunter; •E Robb! Morales, Kelly A. Westbrook; Tina McEwan; Joshua A. Saunders; or Tonie Petranek of Aon Risk Services Southwest, Inc. of Dallas, TX its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, v acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own L proper persons. a This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, o > without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are ohereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute v � bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal 0.0 '� of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and ".= revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or L other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further Y :S RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and 0 further � ".E RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any R power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or 3 other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have n ceased to be such at the time when such instruments shall be issued. o °o IN WITNESS WHEREOF, the Coi any has caused these presents to be signed and attested by its appropriate ofFeers and its o � corporate seal hereunto affixed this;Wday of M o I47 q .0 Attest: % Berk lc Insurance Company E" (Seal) By i By _ deran Je*.Aftur oU Executive Vice President & Secretary en •esident O E WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. O y STATE OF CONNECTICUT ) b � ) .r o COUNTY OF FAIRFIELD O •rµ y Sworn to before me, a Notary public in the State of Connecticut, this day of l Q , by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to be the Executive Vice Pre He and Secretary, the Senior Vice President, respectively, of Berkley Insurance CornpadOARIA C. RUINDBAKEN %� r NOTARY PUBLIC 2 MY COMMISSION EXPIRES otaly Public, State of Connecticut I APRIL 30, 2019 z CERTIFICATE 1, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the 3 Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. -- --"Cll7 Given under my hand and seal of the Company, this day of (Seal) m ent P. Forte IMPORTANT NOTICE To obtain information or make a complaint: You may call Berkley Surety Group, LLC and its affiliates by telephone for information or to make a complaint: BERKLEY SURETY GROUP, LLC Please send all notices of claim on this bond to: Berkley Surety Group, LLC (866) 768-3534 412 Mount Kemble Avenue, Suite 31ON Morristown, NJ 07960 Attn: Surety Claims Department You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your agent or Berkley Surety Group, LLC first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 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You further agree that it is the complete and exclusive statement of the License Agreement and supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this License Agreement. Information regarding the content of the attached EJCDC document and other EJCDC Design and Construction Related Documents may be obtained at ejcdc.org or from the following EJCDC sponsoring organizations: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 -2794 (703) 684 -2882 www.nspe.org American Council of Engineering Compa nies 1015 15th Street N.W., Washington, D.C. 20005 (202) 347 -7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 (800) 548 -2723 www.a sce.org EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 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 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. These General Conditions have been prepared for use with the Agreement Between Owner and Contractor for Construction Contract (EJCDC® C-520, Stipulated Sum, or C-525, Cost-Plus, 2013 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC’s Guide to the Preparation of Supplement ary Conditions (EJCDC® C-800, 2013 Edition). The full EJCDC Construction series of documents is discussed in the Commentary on the 2013 EJCDC Construction Documents (EJCDC® C-001, 2013 Edition). Copyright © 2013: National Society of Professional Enginee rs 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 The copyright for this document is owned jointly by the three sponsoring organizations listed abo ve. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org , or from any of the sponsoring organizations above. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .................................................................................... 1 1.01 Defined Terms ....................................................................................................... 1 1.02 Terminology .......................................................................................................... 5 Article 2 – Preliminary Matters ................................................................................................ 6 2.01 Delivery of Bonds and Evidence of Insurance .............................................................. 6 2.02 Copies of Documents .............................................................................................. 6 2.03 Before Starting Construction.................................................................................... 6 2.04 Preconstruction Conference; Designation of Authorized Representatives ....................... 7 2.05 Initial Acceptance of Schedules ................................................................................ 7 2.06 Electronic Transmittals ........................................................................................... 7 Article 3 – Documents: Intent, Requirements, Reuse ................................................................ 8 3.01 Intent ................................................................................................................... 8 3.02 Reference Standards .............................................................................................. 8 3.03 Reporting and Resolving Discrepancies...................................................................... 8 3.04 Requirements of the Contract Documents ................................................................. 9 3.05 Reuse of Documents..............................................................................................10 Article 4 – Commencement and Progress of the Work .............................................................10 4.01 Commencement of Contract Times; Notice to Proceed ...............................................10 4.02 Starting the Work..................................................................................................10 4.03 Reference Points...................................................................................................10 4.04 Progress Schedule .................................................................................................10 4.05 Delays in Contractor’s Progress ...............................................................................11 Article 5 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions ..............................................................................................................................12 5.01 Availability of Lands ...............................................................................................12 5.02 Use of Site and Other Areas ....................................................................................12 5.03 Subsurface and Physical Conditions .........................................................................13 5.04 Differing Subsurface or Physical Conditions ...............................................................14 5.05 Underground Facilities ...........................................................................................15 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii 5.06 Hazardous Environmental Conditions at Site .............................................................17 Article 6 – Bonds and Insurance ..............................................................................................19 6.01 Performance, Payment, and Other Bonds .................................................................19 6.02 Insurance—General Provisions ................................................................................19 6.03 Contractor’s Insurance...........................................................................................20 6.04 Owner’s Liability Insurance .....................................................................................23 6.05 Property Insurance ................................................................................................23 6.06 Waiver of Rights ...................................................................................................25 6.07 Receipt and Application of Property Insurance Proceeds.............................................25 Article 7 – Contractor’s Responsibilities...................................................................................26 7.01 Supervision and Superintendence ............................................................................26 7.02 Labor; Working Hours ............................................................................................26 7.03 Services, Materials, and Equipment .........................................................................26 7.04 “Or Equals” ..........................................................................................................27 7.05 Substitutes ...........................................................................................................28 7.06 Concerning Subcontractors, Suppliers, and Others .....................................................29 7.07 Patent Fees and Royalties.......................................................................................31 7.08 Permits................................................................................................................31 7.09 Taxes...................................................................................................................32 7.10 Laws and Regulations ............................................................................................32 7.11 Record Documents ................................................................................................32 7.12 Safety and Protection ............................................................................................32 7.13 Safety Representative ............................................................................................33 7.14 Hazard Communication Programs ...........................................................................33 7.15 Emergencies.........................................................................................................34 7.16 Shop Drawings, Samples, and Other Submittals .........................................................34 7.17 Contractor’s General Warranty and Guarantee..........................................................36 7.18 Indemnification ....................................................................................................37 7.19 Delegation of Professional Design Services ...............................................................37 Article 8 – Other Work at the Site ...........................................................................................38 8.01 Other Work ..........................................................................................................38 8.02 Coordination ........................................................................................................39 8.03 Legal Relationships ................................................................................................39 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iii Article 9 – Owner’s Responsibilities.........................................................................................40 9.01 Communications to Contractor ...............................................................................40 9.02 Replacement of Engineer .......................................................................................40 9.03 Furnish Data .........................................................................................................40 9.04 Pay When Due ......................................................................................................40 9.05 Lands and Easements; Reports, Tests, and Drawings ..................................................40 9.06 Insurance.............................................................................................................40 9.07 Change Orders......................................................................................................40 9.08 Inspections, Tests, and Approvals ............................................................................41 9.09 Limitations on Owner’s Responsibilities ....................................................................41 9.10 Undisclosed Hazardous Environmental Condition ......................................................41 9.11 Evidence of Financial Arrangements ........................................................................41 9.12 Safety Programs....................................................................................................41 Article 10 – Engineer’s Status During Construction ..................................................................41 10.01 Owner’s Representative .........................................................................................41 10.02 Visits to Site .........................................................................................................41 10.03 Project Representative...........................................................................................42 10.04 Rejecting Defective Work .......................................................................................42 10.05 Shop Drawings, Change Orders and Payments...........................................................42 10.06 Determinations for Unit Price Work .........................................................................42 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work ..............42 10.08 Limitations on Engineer’s Authority and Responsibilities .............................................42 10.09 Compliance with Safety Program .............................................................................43 Article 11 – Amending the Contract Documents; Changes in the Work .....................................43 11.01 Amending and Supplementing Contract Documents...................................................43 11.02 Owner-Authorized Changes in the Work ...................................................................44 11.03 Unauthorized Changes in the Work..........................................................................44 11.04 Change of Contract Price ........................................................................................44 11.05 Change of Contract Times ......................................................................................45 11.06 Change Proposals ..................................................................................................45 11.07 Execution of Change Orders....................................................................................46 11.08 Notification to Surety ............................................................................................47 Article 12 – Claims ..................................................................................................................47 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iv 12.01 Claims .................................................................................................................47 Article 13 – Cost of the Work; Allowances; Unit Price Work .....................................................48 13.01 Cost of the Work ...................................................................................................48 13.02 Allowances...........................................................................................................50 13.03 Unit Price Work ....................................................................................................51 Article 14 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work .......52 14.01 Access to Work .....................................................................................................52 14.02 Tests, Inspections, and Approvals ............................................................................52 14.03 Defective Work.....................................................................................................53 14.04 Acceptance of Defective Work ................................................................................53 14.05 Uncovering Work ..................................................................................................53 14.06 Owner May Stop the Work .....................................................................................54 14.07 Owner May Correct Defect ive Work ........................................................................54 Article 15 – Payments to Contractor; Set-Offs; Completion; Correction Period .........................55 15.01 Progress Payments ................................................................................................55 15.02 Contractor’s Warranty of Title.................................................................................58 15.03 Substantial Completion ..........................................................................................58 15.04 Partial Use or Occupancy........................................................................................59 15.05 Final Inspection ....................................................................................................59 15.06 Final Payment.......................................................................................................59 15.07 Waiver of Claims ...................................................................................................61 15.08 Correction Period ..................................................................................................61 Article 16 – Suspension of Work and Termination....................................................................62 16.01 Owner May Suspend Work .....................................................................................62 16.02 Owner May Terminate for Cause .............................................................................62 16.03 Owner May Terminate For Convenience ...................................................................63 16.04 Contractor May Stop Work or Terminate ..................................................................63 Article 17 – Final Resolution of Disputes..................................................................................64 17.01 Methods and Procedures .......................................................................................64 Article 18 – Miscellaneous ......................................................................................................64 18.01 Giving Notice........................................................................................................64 18.02 Computation of Times ...........................................................................................64 18.03 Cumulative Remedies ............................................................................................64 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page v 18.04 Limitation of Damages ...........................................................................................65 18.05 No Waiver............................................................................................................65 18.06 Survival of Obligations ...........................................................................................65 18.07 Controlling Law.....................................................................................................65 18.08 Headings..............................................................................................................65 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 1 of 65 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capita l 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 Biddi ng Requirements or the proposed Contract Documents. 2. Agreement —The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that a re Contract Documents. 3. Application for Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is re quired by the Contract Documents. 4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder—An individual or entity that submits a Bid to Owner. 6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order—A document which is sig ned by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set -off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the a cceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contrac t; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal; or seeking resolution of a contractual issue that E ngineer EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 2 of 65 has declined to address. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or oth er material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dang erous waste, substance, or material. 12. Contract —The entire and integrated written contract between the Owner and Contractor concerning the Work. 13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price —The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. . 15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor—The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work—See Paragraph 13.01 for definition. 18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract —The date, indicated in the Agreement, on which the Contract becomes effective. 20. Engineer—The individual or entity named as such in the Agreement. 21. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 22. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumsta nces that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 23. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 3 of 65 24. Liens—Charges, security interests, or encumbrances upon Contract -related funds, real property, or personal property. 25. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 26. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid. 27. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 28. Owner—The individual or entity with which Contractor has contracted regardin g the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 29. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. 30. Project —The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start -up, and of which the Work to be performed under the Contract Documents is a part. 31. Project Manual—The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes. 32. Resident Project Representative —The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative. 33. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 34. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals and the performance of related construction activities. 35. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Cont ract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 4 of 65 37. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 38. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 39. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 40. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or pa rt of the Work refer to Substantial Completion thereof. 41. Successful Bidder—The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions. 42. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. 43. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 44. Technical Data—Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in borin g logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made av ailable to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06. 45. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable t elevision, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work—Work to be paid for on the basis of unit prices. 47. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 5 of 65 48. Work Change Directive —A written directive to Contractor issued on or after the Effective Date of the Cont ract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day: 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04). E. Furnish, Install, Perform, Provide : 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 6 of 65 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, mat erials, or equipment complete and ready for intended use. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well - known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Contractor’s Insurance : When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6. C. Evidence of Owner’s Insurance : After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of d ays or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 7 of 65 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digit al transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shall have a n additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or reli eve Contractor from Contractor’s full responsibility therefor. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Co ntractor may transmit, and shall accept, Project -related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient’s use of software application packages, operating systems, or EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 8 of 65 computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 3 – DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy bet ween the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern. D. The Contract supersedes prior negotia tions, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 9 of 65 error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with t he Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation —RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer’s written clarification, interpretation, or decision will be f inal and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Cont ractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 10 of 65 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including ele ctronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engine er; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any ti me within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlie r. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference point s 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 sh all 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 loca tions, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance wi th Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 11 of 65 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all dispute s or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor’s Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. B. Contractor shall not be entitled to an adjustment in Cont ract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustm ent shall be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and 4. acts of war or terrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5. E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 12 of 65 G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under t his paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event. ARTICLE 5 – AVAILABILITY OF LAND S; SUBSURFACE AND PH YSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shal l notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in acc ordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through co nstruction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume f ull responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such la nd or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12 , or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent perm itted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 13 of 65 by, or based upon, Contractor’s performance of the Work, or because of othe r actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of wa ste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condi tion all property not designated for alteration by the Contract Documents. D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site; 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized : Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 14 of 65 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or 2. is of such a nature as to require a change in the Drawings or Specifications; or 3. differs materially from that shown or indicated in the Contra ct 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 awa re thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shal l not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer’s Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner’s obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within a ny one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. C. Owner’s Statement to Contractor Regarding Site Condition : After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connec tion with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 15 of 65 c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complet e the Work within the Contract Times. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contracto r made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such commitment; or c. Contractor failed to give the written notice as required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the subsurface or physical condition in question. 5.05 Underground Facilities A. Contractor’s Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 16 of 65 becoming aware thereof and before fur ther disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer’s Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawing s or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner’s Statement to Contractor Regarding Underground Facility : After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations in whole or in part. E. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times; and d. Contractor gave the notice required in Paragraph 5.05.B. 2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the Underground Facility in question. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 17 of 65 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identifica tion has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 18 of 65 F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until aft er Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set -off. H. If after receipt of such writte n notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and R egulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.H shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Cond ition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 19 of 65 ARTICLE 6 – BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor sha ll furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. These bonds shall remain in effect until o ne year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provis ions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney -in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in-fact signed the accompanying bond. C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the sure ty ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16. F. Upon request, Owner shall provide a copy of the payment bond to any Subcont ractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. 6.02 Insurance —General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located , to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A -VII or better. C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 20 of 65 maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is mai ntaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copie s of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. E. Fa ilure of Owner or Contractor to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall no t be construed as a waiver of the other party’s obligation to obtain and maintain such insurance. F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set -off against payment, and exercise Owner’s termination rights under Article 16. H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. I. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor’s interests. J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner and other individuals and entities in the Contract. 6.03 Contractor’s Insurance A. Workers’ Compensation: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance for: 1. claims under workers’ compensation, disability benefits, and other similar employe e benefit acts. 2. United States Longshoreman and Harbor Workers’ Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees (by stop-gap endorsement in monopolist worker’s compensation states). EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 21 of 65 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees. 2. claims for damages insured by reasonably available personal injury liabil ity coverage. 3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. C. Commercial General Liability—Form and Content : Contractor’s commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three year s after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent. D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry-standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor’s pollution liability insurance : Contractor sha ll purchase and maintain a policy covering third-party injury and property damage claims, including clean-up costs, as a result EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 22 of 65 of pollution conditions arising from Contractor’s operations and completed operations. This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor’s commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all ne cessary endorsements to support these requirements. H. Contractor’s professional liability insurance : If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Cont ractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor. I. General provisions: The policies of insurance required by this Paragraph 6.03 shall: 1. include at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy. 4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, r emoving, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. be appropriate for the Work being performed and provide protection from claims t hat may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 23 of 65 6.04 Owner’s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. B. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of Contractor’s obligations to the Owner, Engineer, or third parties. 6.05 Property Insurance A. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder’s risk policy, as insureds or named insureds. For purposes of the remainder of this Paragra ph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as “insureds.” 2. be written on a builder’s risk “all risk” policy form that shall at least include insuran ce for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehi cle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner -furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 24 of 65 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in tra nsit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder’s risk insurance. 8. allow for the waiver of the insurer’s subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co-insurance clause. 11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance/hot testing and start -up. 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. B. Notice of Cancellation or Change : All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage af forded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured. C. Deductibles: The purchaser of any required builder’s risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partial Occupancy or Use by Owner : If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will provide notice of such occupancy or use to the builder’s risk insurer. The builder’s risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder’s risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder’s risk insurance. E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor’s expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a propert y item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for dec iding whether to insure it, and if so in what amount. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 25 of 65 6.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder’s risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive a ll rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the offi cers, 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 prope rty or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant t o Paragraph 15.06. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder’s risk insurance and any other property insurance applicable to the Work. 6.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder’s risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 26 of 65 policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progr ess. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed. ARTICLE 7 – CONTRACTOR’S RESPONS IBILITIES 7.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written n otice to Owner and Engineer except under extraordinary circumstances. 7.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contr actor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld. 7.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in t he Contract Documents. All special warranties and EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 27 of 65 guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 7.04 “Or Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer shall deem it an “or equal” item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to Owner. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor’s Expense : Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense. C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data about the proposed “or -equal” item. Engineer will be the sole judge of acceptability. No “or-equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an “or -equal”, which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 28 of 65 D. Effect of Engineer’s Determination: Neither approval nor denial of an “or -equal” request shall result in any change in Contract Price. The Engineer’s denial of an “or -equal” request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. E. Treatment as a Substitution Request : If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an “or -equal” item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. 7.05 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: a. shall certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design, 2) be similar in substance to that specified, and 3) be suited to the same use as that specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times, 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from that specified, and EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 29 of 65 2) available engineering, sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of accepta bility. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee : Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer’s Cost : Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whet her or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. E. Contractor’s Expense : Contractor shall provide all data in support of any proposed substitute at Contractor’s expense. F. Effect of Engineer’s Determination : If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer’s denial of a substitut ion request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. 7.06 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall subm it to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed accept able to Owner unless Owner raises a substantive, reasonable objection within five days. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 30 of 65 E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may r equire Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individua ls or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so i dentified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement. G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. 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. J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities perfor ming or furnishing any of the Work. K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of t he Contract Documents for the benefit of Owner and Engineer. N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontra ctor or Supplier. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 31 of 65 O. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 7.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subjec t 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 enginee rs, 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 in fringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 7.08 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 32 of 65 7.09 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all c laims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It shall not be Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value -added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.12 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 33 of 65 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety progr ams that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor’s duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). G. Contractor’s duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.13 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 34 of 65 exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Chang e Order will be issued. 7.16 Shop Drawings, Samples, and Other Submittals A. Shop Drawing and Sample Submittal Requirements: 1. Before submitting a Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated the Shop Drawing or Sample with other Shop Draw ings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal. 3. With each submittal, Cont ractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Contractor shall submit the number of copies required in the Spe cifications. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 35 of 65 provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D. 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. D. Engineer’s Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written nota tion thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order. 5. Engineer’s review and approval of a Shop Drawing or Sample shall n ot relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any cir cumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer’s receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contr act Document. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 36 of 65 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections calle d for by Engineer on previous submittals. 2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer’s time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set - off against payments due to Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set-off against payments due to Contractor to secur e reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 7.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents a nd will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Con tractor’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 Engine er or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal; 6. the issuance of a notice of acceptability by Engineer; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by Owner. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 37 of 65 D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor’s performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, cost s, 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 Subcont ractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A shall not be limited in a ny way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employe e benefit acts. C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 7.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations. B. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services mu st satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by suc h professional. Shop EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 38 of 65 Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to re ly upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this paragraph, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the C ontract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7.16.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer. ARTICLE 8 – OTHER WORK AT THE SI TE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be perfor med by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adja cent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that C ontractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. D. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 8, Contrac tor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 39 of 65 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. an itemization of the specific matter s to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner’s employees, any other contractor working for Owner, or any utility owner causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor mus t submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such e quitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. B. Contractor shall take reasonable and customary measures to av oid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set -off against payments due to Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 40 of 65 D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and cust omary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9 – OWNER’S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents shall be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Ow ner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner’s duties with respect to providing lands and easements are set fo rth in Paragraph 5.01. B. Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 41 of 65 9.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set fort h in Paragraph 14.02.B. 9.09 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner sha ll furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents (including obligations under proposed changes in the Work). 9.12 Safety Programs A. While at the Site, Owner’s employee s and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Docum ents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 42 of 65 or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 10.04 Rejecting Defective Work A. Engineer has the authority to reject Work in accordance with Article 14. 10.05 Shop Drawings, Change Orders and Payments A. Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16. B. Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19. C. Engineer’s authority as to Change Or ders is set forth in Article 11. D. Engineer’s authority as to Applications for Payment is set forth in Article 15. 10.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.08 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 10 or under a ny other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall creat e, 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 © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 43 of 65 B. Engineer will not supervise, dire ct, 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 R egulations 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 an y 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, bon ds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspecti ons, tests, and approvals, that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any. 10.09 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs (if any) of which Engineer has been informed. ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. 1. Change Orders: a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or othe rwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. 2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 44 of 65 adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive. 3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contr act Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided he rein. 11.02 Owner-Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer’s recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 11.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit price s to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 45 of 65 the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.04.C). C. Contractor’s Fee : When applicable, the Contractor’s fee for overhead and profit shall be determined a s follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s f ee shall be 15 percent; b. for costs incurred under Paragraph 13.01.B.3, the Contractor’s fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragra phs 11.01.C.2.a and 11.01.C.2.b is that the Contractor’s fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contract or’s fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive. 11.05 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor’s progress. 11.06 Change Proposals A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set -off against payment due; or seek other relief under EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 46 of 65 the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the propose d change, with citations to any governing or applicable provisions of the Contract Documents. 1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise theret o, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting d ata shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. 2. Engineer’s Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor’s supporting data , either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 da ys, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 3. Binding Decision: Engineer’s decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. 11.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set -off; 3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 47 of 65 B. If Owner or Contractor refuses to execute a Change Order that is require d to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 11.08 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to re flect the effect of any such change. ARTICLE 12 – CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer’s decisions regarding Chan ge Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 da ys) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that t he supporting data are accurate and complete, and that to the best of Contractor’s knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 48 of 65 submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator’s fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions b ecome final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost -plus-fee, time-and-materials, or other cost -based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owne r and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 49 of 65 thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. Th e rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance est ablished in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 50 of 65 other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may b e liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance that Contractor is r equired by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Sit e or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B. D. Contractor’s Fee : When the Work as a whole is performed on the basis of cost -plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set -off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 11.04.C. E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 51 of 65 B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance : Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. Engineer will determine the actual quant ities 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 Payme nt or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph. E. Within 30 days of Engineer’s written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if: 1. the quantity of any item of Unit Price Work performed by Contract or differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 52 of 65 ARTICLE 14 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections a nd tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and ba lancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor’s expense unless Contractor had given Engineer timely notice of Contractor’s intention to EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 53 of 65 cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective. B. Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement : Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Prese rvation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacem ent obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contr actor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set -off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set -off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require special inspection or testing of the Work, whether or not the Work is fabricated, installed, or comple ted. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 54 of 65 B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the covering, all at Contractor’s expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such u ncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set -off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or b oth, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days o f the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set - offs against payments due under Article 15. Such claims, costs, losses and damages will EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 55 of 65 include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defectiv e Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07. ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS ; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost -based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review a n Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications: 1. Engineer will, within 10 days after r eceipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s reasons for refusing t o recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 56 of 65 a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of a ny subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contrac t; 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 recomme nding payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set -offs) necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 57 of 65 e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due : 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set -offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set -offs) recommended by Engineer, Owner is entitled to impose a set -off against payment based on any of the following: a. claims have been made against Owner on account of Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damag es from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; l. there are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set -off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 58 of 65 remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Pa ragraph 15.01.C.1 and subject to interest as provided in the Agreement. 15.02 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 15.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use C ontractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the d ate of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 59 of 65 E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove it s property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contrac t Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such par t of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work. 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder’s risk or other property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed po rtion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defecti ve. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment : 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 60 of 65 inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract D ocuments; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer’s Review of Application and Acceptance : 1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set-offs against payment that are necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the nece ssary corrections and resubmit the Application for Payment. C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment. D. Payment Bec omes Due : Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer’s recommendation, EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 61 of 65 including but not limited to set -offs for liquidated damages and set -offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor. 15.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor’s failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor’s continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 15.08 Correction Period A. If within one year after the date of Substantial Completion (or such long er 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 S ite, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it wit h Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner’s writte n instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all claims, costs, losses, and damag es (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and r eplacement (including but not limited to all costs of repair or replacement of work of others). C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction peri od for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereund er with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 62 of 65 E. Contractor’s obligations under this paragraph are in addition to all other obligations an d warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16 – SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without c ause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the dat e so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor’s persistent failure to perform t he Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor’s repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in de fault, and give Contractor (and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.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 the cost to complete the Work, incl uding all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 63 of 65 and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any rete ntion or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any i nconsistent provisions of Paragraphs 16.02.B and 16.02.D. 16.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Con tract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of antici pated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally det ermined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Cont ractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 64 of 65 expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph. ARTICLE 17 – FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor ma y: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18 – MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract Documents requires the givi ng of written notice, it will be deemed to have been validly given if: 1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in conn ection with each particular duty, obligation, right, and remedy to which they apply. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 65 of 65 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only a nd do not constitute parts of these General Conditions. 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. APPENDIX GC 4.02 GEOTECHNICAL REPORT GEOTECHNICAL EXPLORATION NORTHPOINTE - PHASE 1A Southwest of Hicks Field Road, West of N. Saginaw Boulevard Fort Worth, Texas ALPHA Report No. W190839 July 17, 2019 Prepared for: LENNAR HOMES OF TEXAS - IRVING 1707 Market Place Drive Irving, Texas 75063 Attention: Mr. Justin Christ Prepared By: Geotechnical Construction Materials Environmental TBPE Firm No. 813 5058 Brush Creek Road Fort Worth, Texas 76119 Tel: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Dallas • Fort Worth • Houston • San Antonio July 17, 2019 Lennar Homes of Texas - Irving 1707 Market Place Drive Irving, Texas 75063 Attention: Mr. Justin Christ Re: Geotechnical Exploration Northpointe - Phase 1A Southwest of Hicks Field Road, West of N. Saginaw Boulevard Fort Worth, Texas ALPHA Report No. W190839 Attached is the report of the geotechnical exploration performed for the project referenced above. This Phase 1A study is part of an overall residential plan and was authorized by Mr. Justin S. Christ on April 2, 2019 and performed in accordance with ALPHA Proposal No. 70500-rev1 dated April 2, 2019. This study covers a portion of the overall project. Additional reports will be issued for remaining phases of the project. This report contains results of field explorations and laboratory testing and an engineering interpretation of these with respect to available project characteristics. The results and analyses were used to develop recommendations to aid design and construction of residential foundations. ALPHA TESTING, INC. appreciates the opportunity to be of service on this project. If we can be of further assistance, such as providing materials testing services during construction, please contact our office. Sincerely, ALPHA TESTING, INC. July 17, 2019 Mark L. McKay, P.E. Brian J. Hoyt, P.E. Director of Geotechnical Engineering Geotechnical Department Manager BJH/MLM/klf Copies: (1-PDF) Client TABLE OF CONTENTS ALPHA REPORT NO. W190839 1.0 PURPOSE AND SCOPE .................................................................................................... 1 2.0 PROJECT CHARACTERISTICS ...................................................................................... 1 3.0 FIELD EXPLORATION .................................................................................................... 2 4.0 LABORATORY TESTS .................................................................................................... 2 5.0 GENERAL SUBSURFACE CONDITIONS ...................................................................... 2 6.0 DESIGN RECOMMENDATIONS .................................................................................... 3 6.1 Slab-on-Grade Foundations .................................................................................... 3 6.2 Post-Tensioning Institute, Design of Post-Tensioned Slab-on-Grade .................... 5 6.3 Drainage and Other Considerations ........................................................................ 5 7.0 GENERAL CONSTRUCTION PROCEDURES AND GUIDELINES ............................. 6 7.1 Site Preparation and Grading .................................................................................. 6 7.2 Foundation Excavations .......................................................................................... 8 7.3 Fill Compaction ...................................................................................................... 8 7.4 Utilities .................................................................................................................... 9 7.5 Groundwater ........................................................................................................... 9 8.0 LIMITATIONS ................................................................................................................... 9 APPENDIX A-1 Methods of Field Exploration Boring Location Plan – Figure 1 B-1 Methods of Laboratory Testing Swell Test Results – Figure 2 Logs of Borings (Borings 97 - 103, 116 - 122, 133 - 139, 151, and 152) Key to Soil Symbols and Classifications ALPHA Report No. W190839 1 1.0 PURPOSE AND SCOPE The purpose of this geotechnical exploration is for ALPHA TESTING, INC. (“ALPHA”) to evaluate for Lennar Homes of Texas - Irving (“Client”) some of the physical and engineering properties of subsurface materials at selected locations on the subject site with respect to formulation of geotechnical design parameters for the subject construction. The field exploration was accomplished by securing subsurface samples from widely spaced test borings performed across the project site. Engineering analyses were performed from results of the field exploration and laboratory tests performed on representative samples. Also included are general comments pertaining to reasonably anticipated construction problems and recommendations concerning earthwork and quality control testing during construction. This information can be used to evaluate subsurface conditions and to aid in ascertaining construction meets project specifications. Recommendations provided in this report were developed from information obtained in test borings depicting subsurface conditions only at the specific boring locations and at the particular time designated on the logs. Subsurface conditions at other locations may differ from those observed at the boring locations, and subsurface conditions at boring locations may vary at different times of the year. The scope of work may not fully define the variabil ity of subsurface materials and conditions that are present on the site. The nature and extent of variations between borings may not become evident until construction. If significant variations then appear evident, our office should be contacted to re-evaluate our recommendations after performing on-site observations and possibly other tests 2.0 PROJECT CHARACTERISTICS It is proposed to develop a residential subdivision (Northpointe – Phase 1A) from part of a 179- acre tract of land generally located about one-half mile southwest of the intersection of Hicks Field Road with North Saginaw Boulevard in Fort Worth, Texas. A site plan illustrating the subject site is provided as Figure 1, the Boring Location Plan, in the Appendix. At the time of the field exploration, the site generally consisted of a vacant tract of land with scattered trees. No information regarding previous development on the site was provided to us. Preliminary grading plans prepared by Kimley Horn and Associates, Inc. (Project No. 063451036, Sheets C-26 and C-27, dated July 2019) indicate the site generally slopes down to the west about 11 ft (Appx. Elev. 822 ft to 811 ft). These grading plans also indicate cuts up to 1 ft and fills of up to 5 ft will be required to achieve final grade in the building pad areas. Present plans provide for the construction of new residential buildings. The new structures are expected to create light loads to be carried by the foundations. It is also anticipated the new structures will be supported using post-tensioned slab-on-grade foundations designed for potential seasonal movements of 4½ inches or less. No below grade slabs are planned. . ALPHA Report No. W190839 2 3.0 FIELD EXPLORATION Subsurface conditions for the applicable area (Phase 1A) were explored by drilling a total of 23 test borings (Borings 97 through 103, 116 through 122, 133 through 139, 151 and 152) to depths of about 6 ft to 15 ft each. The approximate location of each test boring is shown on the Boring Location Plan, Figure 1, enclosed in the Appendix. Details of drilling and sampling operations are briefly summarized in Methods of Field Exploration, Section A-1 of the Appendix. Subsurface types encountered during the field exploration are presented on the Log of Boring sheets (boring logs) included in the Appendix. The boring logs contain our Field Technician's and Engineer's interpretation of conditions believed to exist between actual samples retrieved. Therefore, the boring logs contain both factual and interpretive information. Lines delineating subsurface strata on the boring logs are approximate and the actual transition between strata may be gradual. 4.0 LABORATORY TESTS Selected samples of the subsurface materials were tested in the laboratory to evaluate their engineering properties as a basis in providing recommendations for residential foundation design and earthwork construction. A brief description of testing procedures used in the laboratory can be found in Methods of Laboratory Testing, Section B-1 of the Appendix. Individual test results are presented either on the Log of Boring sheets or on summary data sheets in the Appendix. 5.0 GENERAL SUBSURFACE CONDITIONS Based on geological maps available from the Bureau of Economic Geology, published by The University of Texas at Austin, the project site lies within the undivided Fort Worth Limestone and Duck Creek formation. This undivided formation generally consists of alternating layers of limestone and marl (limey shale). Residual overburden soils associated with these undivided formations generally consist of clay soils characterized by moderate to high shrink-swell potential. Subsurface conditions encountered in most of the referenced borings (Borings 97 through 103, 116 through 122, 135 through 139, 151 and 152) drilled for Phase 1A generally consisted of clay to depths of about 1 ft to 4 ft below the ground surface underlain by limestone extending to the termination depth (about 6 ft to 15 ft). Clay extended to the respective 15 ft and 10 ft termination depths of Borings 133 and 134. More detailed stratigraphic information is presented on the attached Log of Boring sheets. Most of the materials encountered in the borings are considered relatively impermeable and are anticipated to have a relatively slow response to water movement. Therefore, several days of observation would be required to evaluate actual groundwater levels within the depths explored. Also, the groundwater level at the subject site is anticipated to fluctuate seasonally depending on the amount of rainfall, prevailing weather conditions, and subsurface drainage characteristics. ALPHA Report No. W190839 3 Free groundwater was encountered in Borings 97, 98, 99, 103 and 116 at depths of about 2 ft and 9 ft below the ground surface during and/or immediately upon completion of drilling. It is common to encounter seasonal groundwater from natural fractures within the clayey matrix, at the soil/rock (limestone) interface or from fractures in the rock, particularly during or after periods of precipitation. If more detailed groundwater information is required, monitoring wells or piezometers can be installed. Further details concerning subsurface materials and conditions encountered can be obtained from the boring logs provided in the Appendix. 6.0 DESIGN RECOMMENDATIONS The following design recommendations were developed on the basis of the previously described Project Characteristics (Section 2.0) and General Subsurface Conditions (Section 5.0). Should the project criteria change, our office should conduct a review to determine if modifications to the recommendations are required. Further, it is recommended our office be provided with a copy of the final building plans and specifications for review prior to construction. The following design recommendations were evaluated based on final grades as indicated on the referenced grading plans. Cutting and filling on the site other than depicted on the referenced grading plans can alter the recommended foundation design parameters. Therefore, it is recommended our office be provided with final grading plans prior to construction to verify appropriate design parameters are utilized for final foundation design. 6.1 Slab-on-Grade Foundations Slab-on-grade foundations should be designed with exterior and interior grade beams adequate to provide sufficient rigidity to the foundation system. A net allowable bearing pressure of 1.5 kips per sq ft should be used for all grade beams bearing on undisturbed cuts in native clay, on fill material placed as recommended in Section 7.3 or on limestone. Grade beams should bear a minimum depth of 12 inches below final grade and should have a minimum width of 10 inches considering the recommended bearing capacity. To reduce cracking as normal movements occur in foundation soils, all grade beams and slab foundations should be adequately reinforced with steel (conventional reinforcing steel and/or post- tensioned reinforcement). It is common to experience some minor cosmetic distress to structures with slab-on-grade foundation systems due to normal ground movements. A properly designed and constructed moisture barrier should be placed between the slabs and subgrade soils to retard moisture migration through the slabs. Conditions encountered in the test borings, the planned cut/fill within the building pads and results of the laboratory tests reveal variations in highly expansive clay thickness and expansive properties across the site. Such variations in clay thickness and expansive properties will directly affect design parameters used for slab-on-grade foundations. Therefore, lots with apparently common average clay thickness, similar expansive clay properties and similar corresponding estimated potential movements have been grouped into Zones I, II and III and delineated on the Boring Location Plan, Figure 1. ALPHA Report No. W190839 4 Subgrade improvement in the respective Zones (see Figure 1) should be performed using the information summarized in Table A. TABLE A Estimated Potential Seasonal Movements and Recommended Subgrade Improvement ZONE ESTIMATED POTENTIAL MOVEMENT, INCHES IMPROVEMENT REQUIRED TO REDUCE MOVEMENTS TO 4½ INCHES I Up to 3 No Improvement Required II Up to 4½ No Improvement Required III Up to 5 Cover with plastic sheeting or use low PI (20 or less) fill material to raise the grade. Potential seasonal movements were estimated using results from absorption swell tests, in general accordance with methods outlined by the Texas Department of Transportation (TxDOT) Test Method Tex-124-E and engineering judgment and experience. Estimated movements were calculated assuming the moisture content of the in-situ soil within the normal zone of seasonal moisture content change varies between a "dry" condition and a "wet" condition as defined by Tex-124-E. Also, it was assumed a 1 psi surcharge load from the floor slab acts on the subgrade soils. Movements exceeding our estimates could occur if positive drainage of surface water is not maintained or if soils are subject to an outside water source, such as leakage from a utility line or subsurface moisture migration from off-site locations. Potential seasonal movements were estimated assuming fill material used to raise the grade will consist of onsite or similar material with a plasticity index of 50 or less. If the plasticity index of material used to raise the grade is higher than 50, potential movements could be higher than our estimates. Potential movements could be less than 3 inches and 4½ inches in some areas of Zones I and II, respectively. However, due to the variability in the depth to limestone in these zones and across the site, we recommend using 3 inches and 4½ inches for design purposes. Potential movements estimated for slab foundations in Zone III (see Figure 1 for delineation of Zones) are considered outside normal design tolerances without subgrade improvement as presented in Table A. Movement of slab foundations in Zone III could be reduced to not more than about 4½ inches by covering the building pads with plastic sheeting after grading is compete. This plastic sheeting should be placed 8 to 12 inches below final grade and should also extend at least 5 ft beyond the perimeter of the building pad. The fill material placed in the building pad should be kept in a moist condition prior to placing the plastic sheeting (i.e. within the moisture specification in Section 7.3). Due to the presence of shallow limestone across some areas of the site, we expect some of the fill material generated from site grading will consist of processed limestone and/or lean clay and limestone mixtures. As an alternative to using plastic sheeting, potential seasonal movements in Zone III could be reduced to about 4½ inches by placing using low PI material to raise the grade. Low PI material could consist of processed limestone and/or lean clay with a plasticity index of 20 or less. ALPHA Report No. W190839 5 6.2 Post-Tensioning Institute, Design of Post-Tensioned Slab-on-Grade Tables B and C contain information for design of the post-tensioned, slab-on-grade foundations. Design parameters were evaluated based on the conditions encountered in the borings and using information and correlations published by PTI Third Edition and VOLFLO 1.5 computer program provided by Geostructural Tool Kit, Inc. (GTI). TABLE B PTI Design Parameters Potential Seasonal Movement = 3 inches in Zone I Edge Lift Center Lift Edge Moisture Distance (em), ft 4.1 8.0 Differential Soil Movement (ym), inches 1.6 (swell) 1.3 (Shrink) TABLE C PTI Design Parameters Potential Seasonal Movement = 4½ inches in Zone II and after Improvement as discussed in Section 6.2 in Zone III Edge Lift Center Lift Edge Moisture Distance (em), ft 4.1 8.0 Differential Soil Movement (ym), inches 2.2 (swell) 1.6 (Shrink) 6.3 Drainage and Other Considerations Adequate drainage should be provided to reduce seasonal variations in the moisture content of foundation soils. All pavement and sidewalks within 5 ft of the residences should be sloped away from the structures to prevent ponding of water around the foundations. Final grades within 5 ft of the structures should be adjusted to slope away from the structures at a minimum slope of 2 percent. Maintaining positive surface drainage throughout the life of the st ructures is essential. In areas with pavement or sidewalks adjacent to the new residences, a positive seal must be maintained between the structure and the pavement or sidewalk to minimize seepage of water into the underlying supporting soils. Post-construction movement of pavement and flatwork is common. Normal maintenance should include inspection of all joints in paving and sidewalks, etc. as well as resealing where necessary. Several factors relate to civil and architectural design and/or maintenance, which can significantly affect future movements of the foundation and floor slab systems. Large trees and shrubs should not be allowed closer to the foundation than a horizontal distance equal to roughly one-half of their mature height due to their significant moisture demand upon maturing. Moisture conditions should be maintained “constant” around the edge of the slab. Ponding of water in planters, in unpaved areas, and around joints in paving and sidewalks can cause slab movements beyond those predicted in this report. ALPHA Report No. W190839 6 Planter box structures placed adjacent to building should be provided with a means to assure concentrations of water are not available to the subsoil stratigraphy. Architectural design of the floor slabs should avoid additional features such as wing walls as extensions of the slab. The root systems from existing or recently removed trees at this site will have dried and desiccated the surrounding clay soils, resulting in soil with near-maximum swell potential. Clay soils surrounding tree root mats in areas to be covered with at-grade slabs (including but not limited to foundations, driveways, porches, patios, and sidewalks) should be removed to a depth of at least 1 ft below the tree root ball. The resulting excavation should be backfilled with engineered fill as described in Section 7.3. Trench backfill for utilities should be properly placed and compacted as outlined in Section 7.4 and in accordance with requirements of local City standards. Since granular bedding backfill is used for most utility lines, the backfilled trench should not become a conduit and allow access for surface or subsurface water to travel toward the new structures. Concrete cut-off collars or clay plugs should be provided where utility lines cross building lines to prevent water from traveling in the trench backfill and entering beneath the structure. 7.0 GENERAL CONSTRUCTION PROCEDURES AND GUIDELINES Variations in subsurface conditions could be encountered during construction. To permit correlation between test boring data and actual subsurface conditions encountered during construction, it is recommended a registered Professional Engineering firm be retained to observe construction procedures and materials. Some construction problems, particularly degree or magnitude, cannot be reasonably anticipated until the course of construction. The recommendations offered in the following paragraphs are intended not to limit or preclude other conceivable solutions, but rather to provide our observations based on our experience and understanding of the project characteristics and subsurface conditions encountered in the borings. 7.1 Site Preparation and Grading Limestone was encountered within 4 ft of the ground surface in most of the borings drilled in the vicinity of Phase 1A. We expect limestone will encountered during grading and general excavation at this site. From our experience, this limestone can be hard and difficult to excavate. Rock excavation methods (including, but not limited to rock teeth, rippers, jack hammers, or sawcutting) may be required to remove the limestone. Crushing equipment may be required to process this limestone if it is desired to use this material as compacted fill on the site. The contractor selected should have experience with excavation in hard limestone. All areas supporting slab foundations, flatwork or areas to receive new fill should be properly prepared. After completion of the necessary stripping, clearing, and excavating and prior to placing any required fill, the exposed subgrade should be carefully evaluated by probing and testing. Any undesirable material (organic material, wet, soft, or loose soil) still in place should be removed. ALPHA Report No. W190839 7 The exposed subgrade should be further evaluated by proof-rolling with a heavy pneumatic tired roller, loaded dump truck or similar equipment weighing approximately 10 tons to check for pockets of soft or loose material hidden beneath a thin crust of possibly better soil. Proof-rolling procedures should be observed routinely by a Professional Engineer or his designated representative. Any undesirable material (organic material, wet, soft, or loose soil) exposed from the proof roll should be removed and replaced with well-compacted material as outlined in Section 7.3. Prior to placement of any fill, the exposed subgrade should then be scarified to a minimum depth of 6 inches and recompacted as outlined in Section 7.3. If fill is to be placed on existing slopes (natural or constructed) steeper than six horizontal to one vertical (6:1), the fill materials should be benched into the existing slopes in such a manner as to provide a minimum bench width of five (5) ft. This should provide a good contact between the existing soils and new fill materials, reduce potential sliding planes, and allow relatively horizontal lift placements. Even if fill is properly compacted as recommended in Section 7.3, fills in excess of about 10 ft are still subject to settlements over time of up to about 1 to 2 percent of the total fill thickness. This should be considered when planning or placing deep fills. Slope stability analysis of embankments (natural or constructed) and global stability analysis for retaining walls was not within the scope of this study. The contractor is responsible for designing any excavation slopes, temporary sheeting or shoring. Design of these structures should include any imposed surface surcharges. Construction site safety is the sole responsibility of the contractor, who shall also be solely responsible for the means, methods and sequencing of construction operations. The contractor should also be aware that slope height, slope inclination or excavation depths (including utility trench excavations) should in no case exceed those specified in local, state and/or federal safety regulations, such as OSHA Health and Safety Standard for Excavations, 29 CFR Part 1926, or successor regulations. Stockpiles should be place well away from the edge of the excavation and their heights should be controlled so they do not surcharge the sides of the excavation. Surface drainage should be carefully controlled to prevent flow of water over the slopes and/or into the excavations. Construction slopes should be closely observed for signs of mass movement, including tension cracks near the crest or bulging at the toe. If potential stability problems are observed, a geotechnical engineer should be contacted immediately. Shoring, bracing or underpinning required for the project (if any) should be designed by a professional engineer registered in the State of Texas. Due to the nature of the clay soils found near the surface at the borings, traffic of heavy equipment (including heavy compaction equipment) may create pumping and general deterioration of shallow soils. Therefore, some construction difficulties should be anticipated during periods when these soils are saturated. ALPHA Report No. W190839 8 7.2 Foundation Excavations All foundation excavations should be monitored to verify foundations bear on suitable material. The bearing stratum exposed in the base of all foundation excavations should be protected against any detrimental change in conditions. Surface runoff water should be drained away from excavations and not allowed to collect. All concrete for foundations should be placed as soon as practical after the excavation is made. Prolonged exposure of the bearing surface to air or water will result in changes in strength and compressibility of the bearing stratum. Therefore, if delays occur, excavations should be slightly deepened and cleaned, in order to provide a fresh bearing surface. 7.3 Fill Compaction The following are recommendations pertaining to general fill compaction. Moisture conditioned soil should conform to the recommendations provided in Section 6.1. Clay with a plasticity index equal to or greater than 25 should be compacted to a dry density between 93 and 98 percent of standard Proctor maximum dry density (ASTM D 698). The compacted moisture content of the clays during placement should be within the range of 2 to 6 percentage points above optimum. Clay with a plasticity index less than 25 should be compacted to a dry density of at least 95 percent of standard Proctor maximum dry density (ASTM D 698) and within the range of 1 percentage point below to 3 percentage points above the material's optimum moisture content. Clayey materials used as fill should be processed and the largest particle or clod should be less than 6 inches prior to compaction. Processed limestone used as fill should be compacted to at least 95 percent of standard Proctor maximum dry density. The compacted moisture content of the processed limestone is not considered crucial to proper performance. However, if the material's moisture content during placement is within 3 percentage points of optimum, the compactive effort required to achieve the minimum compaction criteria may be minimized. Individual rock pieces larger than 6 inches in dimension should not be used as fill. However, if rock fill is utilized within 3 ft below the bottom of floor slabs, the maximum allowable size of individual rock pieces should be reduced to 3 inches. Processed limestone used as fill should incorporate sufficient fines to prevent the presence of voids around larger diameter rock pieces. A gradation of at least 40 percent passing a standard No. 4 sieve is recommended. In cases where mass fills are more than 10 ft deep, the fill/backfill below 10 ft should be compacted to at least 100 percent of standard Proctor maximum dry density (ASTM D-698) and within 2 percentage points of the material's optimum moisture content. The portion of the fill/backfill shallower than 10 ft should be compacted as outlined herein. Compaction should be accomplished by placing fill in about 8-inch thick loose lifts and compacting each lift to at least the specified minimum dry density. Field density and moisture content tests should be performed on each lift. ALPHA Report No. W190839 9 7.4 Utilities In cases where utility lines are more than 10 ft deep, the fill/backfill below 10 ft should be compacted to at least 100 percent of standard Proctor maximum dry density (ASTM D 698) and within –2 to +2 percentage points of the material's optimum moisture content. The portion of the fill/backfill shallower than 10 ft should be compacted as previously outlined. Density tests should be performed on each lift (maximum 12-inch thick) and should be performed as the trench is being backfilled. Even if fill is properly compacted, fills in excess of about 10 ft are still subject to settlements over time of up to about 1 to 2 percent of the total fill thickness. This should be considered when designing utility lines under pavements and/or other areas with deep fill. If utility trenches or other excavations extend to or beyond a depth of 5 ft below construction grade, the contractor or others shall be required to develop an excavation safety plan to protect personnel entering the excavation or excavation vicinity. The collection of specific geotechnical data and the development of such a plan, which could include designs for sloping and benching or various types of temporary shoring, is beyond the scope of this study. Any such designs and safety plans shall be developed in accordance with current OSHA guidelines and other applicable industry standards. 7.5 Groundwater Groundwater was encountered in Borings 97, 98, 99, 103 and 116 at depths of about 2 ft to 9 ft below the ground surface. Shallower groundwater seepage could be encountered from the subsurface stratigraphy in excavations for foundations, utilities and other general excavations at this site. The risk of seepage increases with depth of excavation and during or after periods of precipitation. Standard sump pits and pumping may be adequate to control seepage on a local basis. In any areas where cuts are made, attention should be given to possible seasonal wat er seepage that could occur through natural cracks and fissures in the newly exposed stratigraphy. The risk of seepage is increased where limestone is exposed in excavations and slopes or is near final grade. In these areas subsurface drains may be required to intercept seasonal groundwater seepage. The need for these or other dewatering devices should be carefully addressed during construction. Our office could be contacted to visually observe final grades to evaluate the need for such drains. 8.0 LIMITATIONS Professional services provided in this geotechnical exploration were performed, findings obtained, and recommendations prepared in accordance with generally accepted geotechnical engineering principles and practices. The scope of services provided herein does not include an environmental assessment of the site or investigation for the presence or absence of hazardous materials in the soil, surface water or groundwater. ALPHA, upon written request, can be retained to provide these services. ALPHA Report No. W190839 10 ALPHA is not responsible for conclusions, opinions or recommendations made by others based on this data. Information contained in this report is intended for the exclusive use of the Client (and their designated design representatives), and is related solely to design of the specific structures outlined in Section 2.0. No party other than the Client (and their designated design representatives) shall use or rely upon this report in any manner whatsoever unless such party shall have obtained ALPHA’s written acceptance of such intended use. Any such third party using this report after obtaining ALPHA’s written acceptance shall be bound by the limitations and limitations of liability contained herein, including ALPHA’s liability being limited to the fee paid to it for this report. Recommendations presented in this report should not be used for design of any other structures except those specifically described in this report. In all areas of this report in which ALPHA may provide additional services if requested to do so in writing, it is presumed that such requests have not been made if not evidenced by a written document accepted by ALPHA. Further, subsurface conditions can change with passage of time. Recommendations contained herein are not considered applicable for an extended period of time after the completion date of this report. It is recommended our office be contacted for a review of the contents of this report for construction commencing more than one (1) year after completion of this report. Non - compliance with any of these requirements by the Client or anyone else shall release ALPHA from any liability resulting from the use of, or reliance upon, this report. Recommendations provided in this report are based on our understanding of information provided by the Client about characteristics of the project. If the Client notes any deviation from the facts about project characteristics, our office should be contacted immediately since this may materially alter the recommendations. Further, ALPHA is not responsible for damages resulting from workmanship of designers or contractors. It is recommended the Owner retain qualified personnel, such as a Geotechnical Engineering firm, to verify construction is performed in accordance with plans and specifications. APPENDIX ALPHA Report No. W190839 A-1 METHODS OF FIELD EXPLORATION Using standard rotary drilling equipment, a total of 23 test borings were performed for this geotechnical exploration. The approximate locations of the borings are shown on the Boring Location Plan, Figure 1. The test boring locations were staked using a handheld GPS unit or by pacing/taping and estimating right angles from landmarks which could be identified in the field and as shown on the site plan provided during this study. The locations of test borings shown on the Boring Location Plan are considered accurate only to the degree implied by the methods used to define them. Relatively undisturbed samples of the cohesive subsurface materials were obtained by hydraulically pressing 3-inch O.D. thin-wall sampling tubes into the underlying soils at selected depths (ASTM D 1587). These samples were removed from the sampling tubes in the field and evaluated visually. One representative portion of each sample was sealed in a plastic bag for use in future visual evaluation and possible testing in the laboratory. A modified version of the Texas Cone Penetration (TCP) test was completed in the field to determine the apparent in-place strength characteristics of the rock type materials. A 3-inch diameter steel cone driven by a 170-pound hammer dropped 24 inches is the basis for TxDOT strength correlations. In this case, ALPHA TESTING, INC. has modified the procedure by using a 140-pound hammer dropping 30-inches for completion of the field test. Depending on the resistance (strength) of the materials, either the number of blows of the hammer required to provide 12 inches of penetration, or the inches of penetration of the cone due to 100 blows of the hammer are recorded on the field log and are shown on the Log of Boring sheets as “TX Cone” (reference TxDOT Test Method TEX 132-E, as modified). Logs of the borings are included in the Appendix. The logs show visual descriptions of subsurface strata encountered using the Unified Soil Classification System. Sampling information, pertinent field data, and field observations are also included. Samples not consumed by testing will be retained in our laboratory for at least 14 days and then discarded unless the Client requests otherwise. BORING LOCATION PLANGEOTECHNICAL EXPLORATIONNORTHPOINTE - PHASE 1ASOUTHWEST OF HICKS FIELD ROAD,WEST OF N. SAGINAW BOULEVARDFORT WORTH, TEXASALPHA PROJECT NO. W190839FIGURE 1B-139B-152B-133B-134B-135B-136B-137B-100B-99B-98B-97B-103B-101B-116B-122B-117B-118B-119B-120B-121B-102B-151B-138IIIIIIIIIIIIIIIII N. SAGINAW BOULEVARD B-139B-152B-133B-134B-135B-136B-137B-100B-99B-98B-97B-103B-101B-116B-122B-117B-118B-119B-120B-121B-102B-151B-138IIIIIIIIIIIIIIIII N. SAGINAW BOULEVARD NAPPROXIMATE BORING LOCATIONZONE II I ZONE I II ZONE III III ALPHA Report No. W190839 B-1 METHODS OF LABORATORY TESTING Representative samples were evaluated and classified by a qualified member of the Geotechnical Division and the boring logs were edited as necessary. To aid in classifying the subsurface materials and to determine the general engineering characteristics, natural moisture content tests (ASTM D 2216), Atterberg-limit tests (ASTM D 4318) and dry unit weight determinations were performed on selected samples. In addition, unconfined compressive strength tests (ASTM D 2166) and pocket-penetrometer tests were conducted on selected soil samples to evaluate the soil shear strength. Results of these laboratory tests are provided on the Log of Boring sheets. In addition to the Atterberg-limit tests, the expansive properties of the clayey soils were further analyzed by absorption swell tests in general accordance with ASTM D 4546. The swell test is performed by placing a selected sample in a consolidation machine and applying either the approximate current or expected overburden pressure and then allowing the sample to absorb water. When the sample exhibits very little tendency for further expansion, the height increase is recorded and the percent free swell and total moisture gain calculated. Results of the absorption swell tests are provided on the Swell Test Data sheet, Figure 2 included in this Appendix. Boring No. Sample Depth Vertical Pressure, psf Liquid Limit Plastic Limit Plasticity Index Initial Moisture Final Moisture Free Swell 98 1 125 57 19 38 19%22%0.9% 99 3 375 41 14 27 29%30%0.0% 101 1 125 46 23 23 18%20%0.0% 103 1 125 65 24 41 26%29%0.3% 116 3 375 49 19 30 19%21%0.0% 118 1 125 71 24 47 32%35%0.1% 122 1 125 74 23 51 31%33%0.3% 133 3 375 59 20 39 20%23%0.3% 134 5 625 37 16 21 16%19%0.3% 134 9 1125 20%23%0.4% WEST OF N. SAGINAW BOULEVARD SWELL TEST DATA FIGURE 2A SWELL DATA SHEET GEOTECHNICAL EXPLORATION NORTHPOINTE - PHASE 1A SOUTHWEST OF HICKS FIELD ROAD, FORT WORTH, TEXAS ALPHA REPORT NO. W190839 973.25 1.6 26 100/ 1.25" 100/ 1" 100/ 1.75" Brown CLAY Tan LIMESTONE with clay seams and layers Gray LIMESTONE with shale seams TEST BORING TERMINATED AT 15 FT 2.0 9.0 15.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft):5 Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf). After Drilling (ft):4. . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:5/30/2019 End Date:5/30/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:97 2.0 2.0 31 32 57 57 19 20 38 37 100/ 2" 100/ 0.75" Dark Brown CLAY Brown CLAY with limestone fragments Tan LIMESTONE with clay seams and layers TEST BORING TERMINATED AT 10 FT 2.0 3.0 10.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft):4 Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf). After Drilling (ft):2. . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:5/31/2019 End Date:5/31/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:98 3.0 2.0 35 24 41 22 19 100/ 1.25" 100/ 0.75" 100/ 0.75" Brown CLAY Tan CLAY with limestone fragments Tan LIMESTONE with clay seams and layers Gray LIMESTONE TEST BORING TERMINATED AT 15 FT 2.0 4.0 10.0 15.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft):4 Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf). After Drilling (ft):.DRY . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:5/31/2019 End Date:5/31/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:99 3.25 31 67 31 36 100/ 0.5" 100/ 0.75" Brown CLAY with limestone fragments Tan LIMESTONE with clay seams and layers TEST BORING TERMINATED AT 6 FT 1.0 6.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft): Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf).NONE After Drilling (ft):.DRY . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:5/31/2019 End Date:5/31/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:100 3.25 17 46 23 23 100/ 1" 100/ 0.75" 100/ 1.25" Brown CLAY Tan LIMESTONE with clay seams and layers Gray LIMESTONE with shale seams TEST BORING TERMINATED AT 15 FT 2.0 12.0 15.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft): Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf).NONE After Drilling (ft):.DRY . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:5/31/2019 End Date:5/31/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:101 3.0 30 63 23 40 100/ 1" 100/ 1.75" Brown CLAY Tan LIMESTONE with clay seams and layers TEST BORING TERMINATED AT 6 FT 1.0 6.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft): Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf).NONE After Drilling (ft):.DRY . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:5/31/2019 End Date:5/31/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:102 3.0 31 65 24 41 100/ 1.25" 100/ 0.5" 100/ 1" Brown CLAY Tan LIMESTONE with clay seams and layers Gray LIMESTONE with shale seams TEST BORING TERMINATED AT 15 FT 2.0 10.0 15.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft):5 Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf). After Drilling (ft):4. . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:5/31/2019 End Date:5/31/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:103 2.5 2.25 33 25 49 19 30 100/ 1" 100/ 1.5" Brown CLAY with limestone fragments Tan CLAY with calcareous nodules Tan LIMESTONE with clay seams and layers TEST BORING TERMINATED AT 10 FT 2.0 4.0 10.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft):4 Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf). After Drilling (ft):9. . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:6/3/2019 End Date:6/3/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:116 2.5 27 45 25 20 100/ 3" 100/ 1.75" 100/ 0.75" Brown CLAY with limestone fragments Tan LIMESTONE with clay seams and layers Tan LIMESTONE with clay seams and layers TEST BORING TERMINATED AT 15 FT 1.0 11.0 15.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft): Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf).NONE After Drilling (ft):.DRY . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:6/3/2019 End Date:6/3/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:117 2.5 35 71 24 47 100/ 2.25" 100/ 0.5" Brown CLAY Tan LIMESTONE with clay seams and layers TEST BORING TERMINATED AT 6 FT 1.0 6.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft): Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf).NONE After Drilling (ft):.DRY . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:6/3/2019 End Date:6/3/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:118 2.75 33 71 24 47 100/ 0.75" 100/ 1.5" 100/ 0.75" Brown CLAY Tan LIMESTONE with clay seams and layers Gray LIMESTONE with shale seams TEST BORING TERMINATED AT 15 FT 1.0 11.0 15.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft): Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf).NONE After Drilling (ft):.DRY . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:6/3/2019 End Date:6/3/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:119 2.75 25 64 22 42 100/ 0.75" 100/ 0.75" Brown CLAY with limestone fragments Tan LIMESTONE with clay seams and layers TEST BORING TERMINATED AT 6 FT 1.0 6.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft): Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf).NONE After Drilling (ft):.DRY . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:6/3/2019 End Date:6/3/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:120 2.25 29 62 23 39 100/ 0.5" 100/ 0.75" 100/ 1" Brown CLAY with limestone fragments Tan LIMESTONE with clay seams and layers Gray LIMESTONE with shale seams TEST BORING TERMINATED AT 15 FT 1.0 12.0 15.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft): Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf).NONE After Drilling (ft):.DRY . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:6/3/2019 End Date:6/3/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:121 3.0 29 7 74 23 51 100/ 2" 100/ 1.5" Brown CLAY Tan LIMESTONE with clay seams and layers TEST BORING TERMINATED AT 6 FT 1.0 6.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft): Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf).NONE After Drilling (ft):.DRY . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:6/3/2019 End Date:6/3/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:122 116 4.25 4.5+ 4.5 4.25 3.25 4.0 1.4 23 19 17 15 22 19 59 20 39 Brown CLAY Tan CLAY TEST BORING TERMINATED AT 15 FT 4.0 15.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft): Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf).NONE After Drilling (ft):.DRY . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:6/4/2019 End Date:6/4/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in): BORING NO.:133 2.25 3.0 3.5 4.5+ 3.5 33 22 16 14 25 37 16 21 Brown CLAY Tan CLAY - with limestone fragments from 6 ft to 10 ft TEST BORING TERMINATED AT 10 FT 2.0 10.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft): Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf).NONE After Drilling (ft):.DRY . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:6/4/2019 End Date:6/4/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in): BORING NO.:134 3.5 24 60 23 37 100/ 1" 100/ 3.75" 100/ 0.75" Brown CLAY Tan LIMESTONE with clay seams and layers Gray LIMESTONE with shale seams TEST BORING TERMINATED AT 15 FT 1.0 11.0 15.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft): Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf).NONE After Drilling (ft):.DRY . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:6/4/2019 End Date:6/4/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:135 3.0 32 8 76 24 52 100/ 0.5" 100/ 1.25" Brown CLAY Tan LIMESTONE with clay seams and layers TEST BORING TERMINATED AT 6 FT 1.0 6.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft): Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf).NONE After Drilling (ft):.DRY . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:6/4/2019 End Date:6/4/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:136 15 65 23 42 100/ 0.75" 100/ 0.75" 100/ 1" Brown CLAY with limestone fragments Tan LIMESTONE with clay seams and layers Gray LIMESTONE with shale seams TEST BORING TERMINATED AT 15 FT 1.0 12.0 15.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft): Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf).NONE After Drilling (ft):.DRY . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:6/4/2019 End Date:6/4/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:137 3.75 20 10 63 23 40 100/ 4" 100/ 1" Brown CLAY Tan LIMESTONE with clay seams and layers TEST BORING TERMINATED AT 6 FT 1.0 6.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft): Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf).NONE After Drilling (ft):.DRY . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:6/5/2019 End Date:6/5/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:138 2.5 28 68 22 46 100/ 1.25" 100/ 0.75" 100/ 1.5" Brown CLAY Tan LIMESTONE with clay seams and layers Gray LIMESTONE with shale seams TEST BORING TERMINATED AT 15 FT 2.0 11.0 15.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft): Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf).NONE After Drilling (ft):.DRY . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:6/5/2019 End Date:6/5/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:139 3.25 33 75 25 50 100/ 0.5" 100/ 0.75" 100/ 0.75" Brown CLAY with limestone fragments Tan LIMESTONE with clay seams and layers Gray LIMESTONE with shale seams TEST BORING TERMINATED AT 15 FT 1.0 10.0 15.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft): Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf).NONE After Drilling (ft):.DRY . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:6/5/2019 End Date:6/5/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:151 19 15 100/ 4.25" 100/ 1.75" Brown CLAY Tan LIMESTONE with clay seams and layers TEST BORING TERMINATED AT 6 FT 1.0 6.0 Surface Elevation:Unit Dry Weight(pcf)Depth, feet5 10 15 GROUND WATER OBSERVATIONS After Hours (ft):PocketPenetrometer (tsf)On Rods (ft): Drilling Method:CONTINUOUS FLIGHT AUGER Unconfined Comp.Strength (tsf).NONE After Drilling (ft):.DRY . PROJECT NO.:W190839 Location:Fort Worth, Texas Sheet 1 of 1 Water Content, %% PassingNo. 200 SieveLiquid LimitPlastic LimitPlasticity IndexGraphic LogNorth:TX Cone or Std.Pen. (blows/ft,in)Recovery %RQDSample TypeMATERIAL DESCRIPTION West: 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com Start Date:6/6/2019 End Date:6/6/2019 Project:Northpointe Client:Lennar Homes of Texas - Irving Hammer Drop (lbs / in):140 / 30 BORING NO.:152 TEXAS CONE PENETRATION FILL LIMESTONE (MH), Elastic SILT SANDSTONE (GP), Poorly Graded GRAVEL LOW MEDIUM HIGH VERY HIGH 4 TO 15 16 TO 25 26 TO 35 OVER 35 SAMPLING SYMBOLS (OL), ORGANIC SILT (OH), ORGANIC CLAY 8.0" OR LARGER 3.0" TO 8.0" 0.75" TO 3.0" 5.0 mm TO 3.0" 2.0 mm TO 5.0 mm 0.4 mm TO 5.0 mm 0.07 mm TO 0.4 mm 0.002 mm TO 0.07 mm LESS THAN 0.002 mm SOIL & ROCK SYMBOLS KEY TO SOIL SYMBOLS AND CLASSIFICATIONS (CH), High Plasticity CLAY VERY LOOSE LOOSE MEDIUM DENSE VERY DENSE RELATIVE DENSITY OF COHESIONLESS SOILS (blows/ft) 0 TO 4 5 TO 10 11 TO 30 31 TO 50 OVER 50 SHELBY TUBE (3" OD except where noted otherwise) SPLIT SPOON (2" OD except where noted otherwise) AUGER SAMPLE ROCK CORE (2" ID except where noted otherwise) PARTICLE SIZE IDENTIFICATION (DIAMETER) (CL), Low Plasticity CLAY (SP), Poorly Graded SAND (GW), Well Graded GRAVEL (GC), CLAYEY GRAVEL (GM), SILTY GRAVEL BOULDERS COBBLES COARSE GRAVEL FINE GRAVEL COURSE SAND MEDIUM SAND FINE SAND SILT CLAY TRACE LITTLE SOME AND 1 TO 10 11 TO 20 21 TO 35 36 TO 50 RELATIVE PROPORTIONS (%) VERY SOFT SOFT FIRM STIFF VERY STIFF HARD LESS THAN 0.25 0.25 TO 0.50 0.50 TO 1.00 1.00 TO 2.00 2.00 TO 4.00 OVER 4.00 SHEAR STRENGTH OF COHESIVE SOILS (tsf) RELATIVE DEGREE OF PLASTICITY (PI)SHALE / MARL (SC), CLAYEY SAND (SW), Well Graded SAND (SM), SILTY SAND (ML), SILT