HomeMy WebLinkAboutContract 54498-PM1CSC No. 54498-PM1
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Cit of FortWorth
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Standard Construction Specification
Documents
Adopted September 2011
00 00 00
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
SECTION 00 00 00
TABLE OF CONTENTS
Division 00 - General Conditions
Page 1 of 7
Last Revised
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00 41 00 Bid Form 03/09/2020
00 42 43 Pro osal Form Unit Price O1/20/2012
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00 45 12 Pre ualification Statement 07/O1/2011
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00 52 43 A eement 09/06/2019
00 61 13 Performance Bond 07/O1/2011
00 61 14 Pa ment Bond 07/O1/2011
00 61 19 Maintenance Bond 07/O1/2011
00 61 25 Certificate of Insurance 07/O1/2011
00 72 00 General Conditions 03/09/2020
00 73 00 Su lement Conditions 03/09/2020
Division Ol - General Re uirements Last Revised
Ol 11 00 Summa of Work 12/20/2012
O1 25 00 Substitution Procedures 07/O1/2011
O1 31 19 Preconstruction Meetin 08/17/2012
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O1 32 33 Preconstruction Video 07/O1/2011
O1 33 00 Submittals 12/20/2012
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O1 55 26 Street Use Permit and Modifications to Traffic Control 07/O1/2011
O1 57 13 Storm Water Pollution Prevention Plan 07/O1/2011
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O1 60 00 Product Re uirements 03/09/2020
Ol 66 00 Product Stora e and Handlin Re uirements 07/O1/2011
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CITY OF FORT WORTH P�1/.�ifll.lJl SPRINC;S PHASF. 5
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS rlTY PRO.IF. c; T;v0 1 pZ�/Sn
Revised Mazch 9, 2020
Technical Specifications which have been modified by the Engineer specifically for this
Project; hard copies are included in the Project's Contract Documents
Division 02 - Existin Conditions
02 41 13 Selective Site Demolition
Date
Modified
7/9/2020
Division 33 - Utilities
33 39 60 E ox Liners for Sanita Sewer Structures 7/9/2020
Technical Specifications listed below are included for this Project by reference and can 6e
viewed/downloaded from the City's website at:
htta://fortworthtexas.�ov/tnw/contractors/
or
https://anps.fortworthtexas.eov/Pro i ectResources/
Division 02 - ExisHn Conditions
02 41 13 Selective Site Demolition
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02 41 15 Pavin Removal
Division 03 - Concrete
Division 26 - Electrical
Division 31- Earthwork
Last Revised
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02l0212016
31 10 00 Site Clearin 12/20/2012
31 23 16 Unclassified Excavation O1/28/2013
31 23 23 Borrow O1/28/2013
31 24 00 Embankments O1/28/2013
31 25 00 Erosion and Sediment Control 12/20/2012
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31 37 00 Ri ra 12/20/2012
CITY OF FORT WORTH P�1l.,141L.L�7 SPRINGS PH�1SF. S
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS C'177'PROJEc'T,VO 101�50
Revised March 9, 2020
00 00 00
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 2 of 7
00 00 00
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 3 of 7
Division 32 - Exterior Im rovements
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32 O1 29 Concrete Pavin Re air 12/20/2012
32 11 23 Fle�ble Base Courses 12/20/2012
32 11 29 Lime Treated Base Courses 12/20/2012
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32 12 16 As halt Pavin 12/20/2012
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32 13 13 Concrete Pavin 12/20/2012
32 13 20 Concrete Sidewalks, Drivewa s and Barrier Free Ram s 06/OS/2018
32 13 73 Concrete Pavin Joint Sealants 12/20/2012
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32 16 13 Concrete Curb and Gutters and Valle Gutters 10/OS/2016
32 17 23 Pavement Markin s 11/22/2013
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32 91 19 To soil Placement and Finishin of Parkwa s 12/20/2012
32 92 13 H dro-Mulchin , Seedin , and Soddin 12/20/2012
32 93 43 Trees and Shrubs 12/20/2012
Division 33 - Utilities
33 O1 30 Sewer and Manhole Testin 12/20/2012
33 O1 31 Closed Circuit Television CCTV Ins ection 03/03/2016
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33 04 40 Cleanin and Acce tance Testin of Water Mains 02/06/2013
33 04 50 Cleanin of Sewer Mains 12/20/2012
33 OS 10 Utili Trench Excavation, Embedment, and Backfill 12/12/2016
33 OS 12 Water Line Lowerin 12/20/2012
33 OS 13 Frame, Cover and Grade Rin s— Cast Iron O1/22/2016
33 OS 13.10 Frame, Cover and Grade Rin s— Com osite O1/22/2016
33 OS 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 12/20/2012
Grade
33 OS 16 Concrete Water Vaults 12/20/2012
33 OS 17 Concrete Collars 12/20/2012
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CITY OF FORT WORTH P�lf.1�lLI� SPRINC;S PHASF. S
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ('IT}'PRO.IFc7N0. 102�50
Revised Mazch 9, 2020
00 00 00
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 4 of 7
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33 OS 26 Utili Markers/Locators 12/20/2012
33 OS 30 Location of Existin Utilities 12/20/2012
33 11 OS Bolts, Nuts, and Gaskets 12/20/2012
33 11 10 Ductile Iron Pi e 12/20/2012
33 11 11 Ductile Iron Fittin s 12/20/2012
33 11 12 Pol in 1 Chloride PVC Pressure Pi e 11/16/2018
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33 12 10 Water Services 1-inch to 2-inch 02/14/2017
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33 12 20 Resilient Seated Gate Valve 12/20/2012
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33 12 25 Connection to Existin Water Mains 02/06/2013
33 12 30 Combination Air Valve Assemblies for Potable Water S stems 12/20/2012
33 12 40 Fire H drants O1/03/2014
33 12 50 Water Sam le Stations 12/20/2012
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33 31 20 Pol in I Chloride PVC Gravi Sanita Sewer Pi e 06/19/2013
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33 31 50 Sanit Sewer Service Connections and Service Line 04/26/2013
33 31 70 Combination Air Valve for Sanita Sewer Force Mains 12/20/2012
33 39 10 Cast-in-Place Concrete Manholes 12/20/2012
33 39 20 Precast Concrete Manholes 12/20/2012
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33 41 10 Reinforced Concrete Storm Sewer Pi e/Culverts 07/O1/2011
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33 49 10 Cast-in-Place Manholes and Junction Boxes 12/20/2012
33 49 20 Curb and Dro Inlets 12/20/2012
33 49 40 Storm Draina e Headwalls and Win alls 07/O1/2011
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CITY OF FORT WORTH
STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS
Revised March 9, 2020
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00 00 00
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 5 of 7
CITY OF FORT WORTH P�1l.�1fl1.0 SPRINGS PFI�ISF. S
STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS C'lT�' PRO.IEc'T NU. IOZ�I50
Revised March 9, 2020
00 0o ao
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 6 of 7
Appendix
GR-01 60 00 Product Requirements
END OF SECTION
CITY OF F'ORT WORTH PAl.,11I1.If1 SPR/NGS PHASF. 5
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS C'lT}'PRC�IF.c;TrVO. 102�150
Revised March 9, 2020
SECTION A
UTILITY, PAVING AND DRAINAGE CONTRACT FORMS
00 41 00 - 1
BID FORM
Page I of 3
SECTION 00 41 00
BID FORM
This proposal must not be removed from this book of Contract Doctunents.
TO: HMH Palmilla Springs Development, Inc.
1038 Texan Trail,
Grapevine, Texas 76051
PROPOSAL FOR: Water, Sewer, Pavin�, Drainage & Street Li h�t Improvements to serve
Palmilla Sprin�s Phase 5
City Project No. 102450
File No. W-2678, X-26322
Includes the furnishing of all materials, except materials specified to be furnished by the City,
equipment and labor for the installation of all facilities and all necessary appurtenances and
incidental work to provide a complete and serviceable project designated as:
WATER, SEWER, PAVING, DRAINAGE & STREET LIGHT IMPROVEMENTS TO SERVE
PALMILLA SPRINGS PHASE 5
�
The Bidder acknowledges that all work types must be performed only by prequalified contractors
and subcontractors.
Pursuant to the foregoing 'Invitation to Bidders', the undersigned Bidder, having thoroughly
examined the Contract Doctunents, including plans, the site of the project and understanding the
a�nount of work to be done, and die prevailing conditions, hereby proposes to do all the work,
fiirnish all labor, equipment and material except as specified to be fiunished by the City, which is
necessary to fully complete the work as provided in die Plans and Contract Documents and
subject to the inspection and approval of the City of Fort Worth, Texas; and binds himself upon
acceptance of this Proposal to execute a contract and furnish an approved Performance Bond,
Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the
Contract Documents for the performing and completing of the said work. Contractor proposes to
do the work within the time stated and for the siun listed in the Proposal Form, Section 00 42 43.
P.11,1lILL:1 SY2/.VGSPILISFS
C/TYPXO.I/iC7 NO. 102450
00 41 00 - 2
BID FORM
Page 2 of 3
After acceptance of this Proposal, the undersigned will execute the formal contract and will
deliver approved bonds as required by the Contract Documents, for the faithful performance of
the Contract.
The Bidder agrees to begin construction within 10 calendar days after issue of the work order,
and to complete the contract within 180 working days after beginning construction as set forth in
the written work order to be fiunished by the Owner.
I(we) acknowledge receipt of the following addenda to the plans and specifications, all of the
provisions and requirements of which have been taken into consideration on preparation of the
foregoing bid:
Addendum No. 1(Initials) Addendum No. 3(Initials)
Addendum No. 2(Initials) Addendum No. 4(Initials)
P.91,A/l1,1.�1 SPRINGS PH.4SF. 5
CITY' PROJECT �4'O. 102450
00 41 00 - 3
BID FORM
Page 3 of 3
Respectfully submitted,
By (Signature� �M
L�i � o r r� a.�
By (Please Print r Type)
�f�. 5 � �-?'�-t'
Title
L.H. Lacv Company, Ltd
Contractor
1880 Crown Road, Dallas, TX 75234
Business Address
214-357-0146 214-350-0662
Telephone Number FAX Number
Indicate whether — Individual
Partnership �
Corporation
ATT
Secretary
P.41,,t1/L,I.�ISPRINGS PH.4SF. 5
ClTF PROJGCT �4`O 10_'-1.i0
00 42 43
DAP - BID PROPOSAL
Page I of 3
secnoN oo az as
Developer Awarded Projects - PROPOSAL FORM
CItY OF FORT WORTH
STANDARD CONS7RUC770N SPECIFICA710N DOCUMENTS - DEVELOPER AWARDED PROIECTS
Form Venion Septemlxr I. 2015 W J2 43_Bid Proposel DAP �s
UNIT PRICE BID Bidder's Application
00 42 43
DAP-BIDPROPOSAL
Page 2 of 3
secnoN oo az as
Developer Awarded Projects - PROPOSAL FORM
ctry o� �oar woerri
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJHCTS
Form Vernon Septembtt I. 2015 00-02 43_Bid Pfoposel_DAP r.le
UNIT PRICE BID Bidder's Application
00 J2 43
DAP - BID PROPOSAL
Pege 3 oC 3
secnoN oo a2 as
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Project Item Infonnation Bidder's Proposal
B�d�Np��� Description Speci6cation Section No. M�� � Q�bty Unit Price Bid Velue
NIT V: TREET LI HTIN IMPROVEMENT
1 2605.3015 2" CONDT PVC SCH 80 ('1� 26 OS 33 LF 1,516
2 3441.1502 Ground Box T B, w/A ron 34 41 10 EA 40
3 34413002 Rd Illum Assembl TY 1 l 34 41 20 EA 42
4 3441.3301 Rd Illum Foundation TY 1 34 41 20 EA 42
5 9999.0007 # 10 JQ-IEiW 00 00 00 LF 4,548
T : TR H N PR V T
Bid
UNIT II: SANITARY SEWER IMPROVEMENTS
UNIT III: DRAINAGE IMPROVEMENTS
UNIT IV: PAVING IMPROVEMENTS
UNIT V: STREET LIGHTING IMPROVEMENTS
UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS
Contractor agreea to complete WORK for FINAL ACCEPTANCE within
CONTRACT commencea to run as provided in t6e General CandiNoa�.
END OF SEC'1'ION
CITY OF FORT WOR'tH
STANDARD CONSTRUC710N SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version Sepumber I. 2015
Toral Comtruc6on
] AQ working days after t6e dste w6en the
00 A2 43_Bid Proposel_DAP xls
ooas i2
DAP PREQUALIFICATION STATEMENT
Page t of 1
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. In the "Major Work
Type" box provide the complete major work tvpe and actual description as provided by the Water
Department for water and sewer and TPW for pavin�
Major Work Type Contractor/Subcontractor Company Name Prequalification
Ex iration Date
4Vater Distributiun, L.H. Lacy Company, Ltd
Development, 24-iuches and � 2p Zf
smaller � �
Se�ver Cotlection System, L.H. Lacy Company, Ltd �I
Develapment, S-inches and 3oI2�
smal ler
Concrete Pavin� L.H. Lacy Company, Ltd
C�onsfruction/Reconstructiou �
(15,000 square yards and � 2 I
GRF.ATER
The undersigned hereby certifies that the contractors and/or subcontractors described in the table above
are currently prequalified for the work types listed.
BIDDER:
L.H. Lacy Company, Ltd.
1880 Crown Road
Dallas, TX 75234
BY:
(1 S' ature)
TITLE: 1" r'e.- 5, h�
DATE: '� �-L3I-zA
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWARDED PROJECTS 00 4512 Prequalification Statement 2015_DAP.docx
Form Version September 1, 2015
00 45 26 - l
CONTRAGTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page 1 of 1
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LSECTION 00 45 26
CONTR.ACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it
provides worker's compensation insurance coverage for all of its employees employed on City
Project No. 102450. Contractor fiu-ther certifies that, pursuant to Texas Labor Code, Section
406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with
worker's compensation coverage.
CONTRACTOR:
L.H. Lacy Companv, Ltd By: _ �a�y W(�o�d �
Company (Plea e Print)
1880 Crown Road Signature:
Address
Dallas Texas 75234 Title: �� 5, r�e�� �
City/State/Zip (Please Print)
TI� STATE OF TEXAS
COUNTY OF TARR.ANT
§
�
��
B FORE ME, the undersigned authority, on this day personally appeared
, , known to me to be the person whose name is
subscrib to the foregoing instrument, and acknowledged to me that he/she executed the same as
the act and deed of L.H. Lacv Companv. Ltd. for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN LINDER MY HAND AND SEAL OF OFFICE this ��j day of
, 20�
:=o��P•"•`•`e�: � DARLENE CONEY � 1��
;�: *= My Notary ID # 10317301 No ary Public in and for the S of Texas
=N����.:
'•+rF oF ��+,,: Expi►'es h18roh 9, 2024
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised Apri12, 2014
PAL:�//l.L1 SI'/tlNGS PNASE S
C/TYPRO.IECTNo. 101350
00 52 43 - 1
Developer Awarded Project Agreement
Page 1 of 4
SECTION 00 52 43
2 AGREEMENT
3 THIS AGREEMENT, authorized on r% / Zq /2oZois made by and between the Developer,
4 (HMH Palmilla Springs Development, Inc.), authorized to do business in Texas ("Developer"),
5 and L.H. Lacv Company, Ltd. authorized to do business in Texas, acting by and through its duly
6 authorized representative, ("Contractor").
7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
8 follows:
9 Article 1. WORK
10
11
l2
13
14
IS
16
17
1R
19
20
Contractor shall complete all Work as specified or indicated in the Contract Documents for the
Project identifed herein.
Article 2. PROJECT
The project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
Wa/er. Sewe�•. Pavi�1Q. D�•ainnge cPr Str•eet l.ight It�tp�•ovements !01'almilla Sl�r�in�s 1'hase S
Ci� � Pro "ecl No. 102450
Article 3. CONTRACT TIME
3.1 Time is of the essence.
All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
Documents are of the essence to this Contract.
21 3.2 Final Acceptance.
22 The Work will be complete for Final Acceptance within 180 working days after the date
23 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard
24 City Conditions of the Construction Contract for Developer Awarded Projects.
25 3.3 Liquidated damages
26
27
28
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30
31
32
33
34
35
3C
Contractor recognizes that time is of the essence of this Agreement and that Developer
will suffer financial loss if the Work is not completed within the times specified in
Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of
the Standard City Conditions of the Construction Contract for Developer Awarded
Projects. The Contractor also recognizes the delays, expense and difficulries involved in
proving in a legal proceeding the actual loss suffered by the Developer if the Work is not
completed on time. Accordingly, instead of requiring any such proof, Contractor agrees
that as liquidated damages for delay (but not as a penalty), Contractor shall pay
Developer � wo Hu��d�•ed I'or�v Dollars ($240.00) for each day that expires after flie time
specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of
Acceptance.
C1TY OF FORT WORTH P�I/_,L11I.L:1 SPRI_VGS Pfl.ISl• .i
STANDARD CUNSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER A�VARDED PROJECTS C/77'YROJl:C7.Vo. 102-1�0
Revised June 1G,201G
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 Four Million, One Thousand, Five Hundred Twentv-
40 Six Dollars and Eightv-Three Cents ($4,001.526.83).
41 Article 5. CONTRACT DOCUMENTS
42 5.1 CONTENTS:
43 A. The Contract Documents which comprise the entire agreement between Developer and
44 Contractor concerning the Work consist of the following:
45 1. This Agreement.
46
47
48
49
50
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55
56
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59
60
2. Attachments to this Agreement:
a. Bid Form (As provided by Developer)
1) Proposal Form (DAP Version)
2) Prequalifcation Statement
3) State and Federal documents (projectspecifrc)
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
h. MBE and/or SBE Commitment Form (If required)
3. Standard City General Conditions of the Construction Contract for Developer
Awarded Projects.
4. Supplementary Conditions.
61 5. Specifications specifically made a part of the Contract Documents by attachment
62 or, if not attached, as incorporated by reference and described in the Table of
63 Contents of the Project's Contract Documents.
64 6. Drawings.
65 7. Addenda.
66
67
68
69
70
71
72
73
74
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 PAL:b!/I.L.4 5PR/NGS PH,4SE 5
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS C'/T3' PRIJJF.('T �v�. ro��sn
Revised June 16,2016
005243-3
Developer Awarded Project Agreement
Page 3 of 4
75 Article 6. INDEMNIFICATION
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6.1 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 arovision is saecificallv intended to oaerate
and be effective even if it is alle�ed or uroven that all or some of the dama�es bein�
sou ht were caused in whole or in art b an act omission or ne li ence of the ci .
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.
6.2 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 soecificallv intended to oaerate and be effective even if it is alle�ed or
proven that all or some of the dama�es bein� sou�ht were caused in whole or in aart
by anv act. omission or ne�lieence of the citv.
Article 7. NIISCELLANEOUS
97 7.1 Terms.
98 Terms used in this Agreement are defned 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 73 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.
I 12 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 PAL:bIlf.LA SPR/NGS PH.4SE S
STANDARD CONSTRUCT[ON SPECIF[CATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CYTY" PRCJJF.CT Na. lD_'454
Revised June l6, 2016
005243-4
Developer Awarded Project Agreement
Page 4 of 4
116
117 7.6 Authority to Sign.
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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
coimterparts.
This Agreement is effective as of the last date signed by the Parties ("Effective Date")
Contractor:
L.H. Lacv Compan��, L1c�
B :
( �gn tur
❑ W � O rt� �
(Printed Name)
Title: ��-S.o�.e-r,-�
Company Name:
L.H. Lacy Company, Ltd.
Address:
1880 Crown Road
12G
City/State/Zip: Dallas, TX 75234
�I � Z R.� 2�
Date
Developer:
HMH lla S rin s Develo m c.
B -
�gnature)
; �c� `�
(Printed Name)
Title: � � �
Company name: HMHPnlmilln Springs
Develop�nen�, hac.
Address:
1038 Texai� Trail
CitylStatelZip:
Grnpevi»e/TexasI76051
7/�q /2uZo
Date
CI'I'Y OF FORT WORTH P�Il..lf/I_L.1 SPR/.VGS 1'/I.1 SE 5
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER A�VARDED PROJECTS C177'PROJF_C'T.Vo. 101-1�0
Revised June 1G,201G
006213-1
PERFORMANCE BOND
Page 1 of2
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THE STATE OF TEXAS
COUNTY OF TARRANT
Bond No. 3326208
SECTION 00 62 13
PERFORMANCE BOND
§
§ KNOW ALL BY THESE PRESENTS:
§
That we, L.H. Lacv Company Ltd known as"Principal" herein and
Great American Insurance Company of New York a corporate surety(sureties, if more than
one) duly authorized to do business in the State of Texas, known as"Surety" herein (whether one
or more), aze held and firmly bound unto the Developer, HMH Palmilla Sprin�s Development
Inc., authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas
municipal corporation ("City"), in the penal sum of, Four Million. One T'housand Five Hundred
Twenty-Six Dollars and Eighty-Three Cents ($4.001.526.83), lawful money of the United States,
to be paid in Fort Worth, Tarrant County, Texas for the payment of wluch sum well and truly to
be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
17 WHEREAS, Developer and City have entered into an Agreement for the construction of
18 community facilities in the City of Fort Worth by and through a Community Facilities
19 Agreement, CFA Number 20-0057 ; and
20 WI�REAS, the Principal has entered into a certain written contract with the Developer awarded
21 the Z.q day of �,, , 207.a , which Contract is hereby referred to and made a
22 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor
23 and other accessories defined by law, in the prosecution of the Work, including any Change
24 Orders, as provided for in said Contract designated as Water. Sewer. Paving Draina�e & Street
25 Lieht Imnrovements to Serve Palmilla Springs Phase 5
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 obligarion shall be and become null and void, otherwise to remain in full force and effect.
C1TY OF FORT WORTH
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PRO]ECTS
Revised January 31, 2012
PALM/LGA SPRINCS PHASE 5
C/TY PROJECT No 102450
006213-2
PERFORMANCE BOND
Page 2 of2
1 PROVIDED FURTHER, that if any legal acrion be filed on this Bond, venue shall lie in
2 Tamant County, Texas or the United States District Court for the Northem 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.
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IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED
this instrument by duly authorized agents and officers on this the 3�� day of
��� , 20�
PRINCIPAL: Compan�l
L. H. Lac (c3o�s Ltd.
ATTEST:
ncipal) Secretary
Witness as to Pnncipal
Witness to SuretyAl Johnson
BY:
Signa re
� � v��.a- �t.S:dar,..�
N e and Title
Address: 1880 Crown R14�[�T Dr., Suite 1200
Dallas. Texas 75234
SURETY:
Great American Insurance Company of
New York
BY: ` �
Signahue
Rita G. Gulizo, Attomey-in-Fact
Name and Title
Address: 301 E. Fourth Street
Cincinnati OH 4 0
Telephone Number: (513) 3s9-5oo0
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract
from the by-laws showing that this person has authority to sign such obligation. If Surety's
physical address is different from its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
CITY OF FORT WORTH PALM/LLA SPRIA'CS PHASE 5
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Cl7Y PROJECT No l02450
Revised January 31, 2012
00 62 14 - 1
PAYMENTBOND
Page 1 of 2
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THE STATE OF TEXAS
COUNTY OF TARRANT
SECTION 00 6214
PAYMENT BOND
Bond No. 3326208
§
§ KNOW ALL BY THESE PRESENTS:
§
That we, L.H. Lacv Companv Ltd , lmown as "Principal" herein,
and Great American Insurance Company of New York a corporate surety (
or sureties if more than one), duly authorized to do business in the State of Texas, known as
"Surety" herein (whether one or more), aze held and firmly bound unto the Developer, HMH
Palmilla Springs Development, Inc., authorized to do business in Texas "(Developer"), and the
City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of Four Million.
One Thousand. Five Hundred Twentv-Six Dollars and Eighty Three Cents ($4,001.526.83),
lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the
payment of which sum well and truly be made jointly unto the Developer and the City as dual
obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents:
1 g 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 20-0057 ; and
z1 WHEREAS, Principal has entered into a certain written Contract with Developer,
22 awarded the �q day of _ 3��u , 2p Zo , which Contract is hereby
23 referred to and made a part hereof for all purposes as if fully set forkh herein, to fumish all
24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the
25 Work as provided for in said Contract and designated as Water, Sewer, Paving, Drainage & Street
26 Light Improvements to Serve Palmilla Springs Phase 5.
27 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
28 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
29 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
30 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
31 force and effect.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS
Revised January 31, 2012
PALM/LLA SPR/A�GS PHA3E S
C/7'Y PROJECT No l 01450
006214-2
PAYMENTBOND
Page 2 of2
1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
2 Texas Govemment Code, as amended, and all liabilities on this bond shall be determined in
3 accordance with the provisions of said statute.
4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
5 this instrument by duly authorized agents and officers on this the 30 � day of
6 � �� , 20 �D .
7
PRINCIPAL: �
Company
L.H. Lacv E�� Ltd
ATTEST:
�-
'ncipal) Secretary
Witness as to Principal
BY:
Signahue
� G���. P�S.���
Name and 'tle
Address: 1880 Crown �Li4i41� or., suite i2oo
Dallas. Texas 75234
SURETY:
Great American Insurance Company of
New York
ATTEST: BY: �„e'�` �,��/!�� —
Signature
,��-�
(Surety) Ai Johnson, Witness
Rita G. Gulizo, Attomey-in-Fact
Name and Title
W1trieSS 35 t0 SUTCIy Kathryn Lambert
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12
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Address: 301 E. Fourth Street
Cincinnati, OH 45202
Telephone Number: (5131369-5000
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.
14
END OF SECTION
C1TY OF FORT WORTH PALM/LLA SPRINCS PHASE 5
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS G7'Y PROJECT No /02450
Revised January 31, 2012
006219-1
MAIN'CENANCE BOND
Page 1 of3
SECTION 00 62 19 Bond No. 3326208
MAINTENANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we L.H. Lacv Company Ltd. known as "Principal" herein and
Great American Insurance Company of New York a corporate surety (sureties, if more than
one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one
or more), aze held and fumly bound unto the Developer, HMH Palmilla Springs Development,
Inc., authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas
municipal corporation ("City"), in the sum of Four Million. One Thousand Five Hundred
Twentv-Six Dollars and Eighty-Three Cents ($4.001.526.83), lawful money of the United States,
to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and hvly be
made jointly unto the Developer and the City as dual obligees and their successors, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
1
2
3
4
5
6
7
firmly by these presents.
8
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11
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18
WHEREAS, Developer and City have entered into an Agreement for the construcdon of
community facilities in the City of Fort Worth by and through a Community Facilities
19
20
Agreement, CFA Number 20-0057 : and
21
22 WHEREAS, the Principal has entered into a certain written contract with the Developer
23 awarded the o�-q day of Tu,� „ 20 ?�` �,, which Contract is
24 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to fumish all
25 materials, equipment labor and other accessories as defined by law, in the prosecution of the
26 Work, including any Work resulting from a duly authorized Change Order (collectively herein,
27 the "Work") as provided for in said Contract and designated as Water. Sewer. Paving Draina�e
28 & Street Lieht Improvements to Serve Palmilla S,prings Phase 5• and
29
WHEREAS, Principal binds itself to use such materials and to so construct the Work in
accordance with the plans, specifications and Contract Documents that the Work is and will
remain free from defects in materials or workmanship for and during the period of two (2) years
after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and
30
31
32
33
34
CITY OF FORT WORTH
STANDARD CITY CONDITIONS - DEVELOPER A WARDED PROJECTS
Revised January 31, 2012
PALMlLLA SPR/NGS PHASE S
G7Y PROJECT No 101450
006219-2
MAIN'CENANCE BOND
Page 2 of 3
1 WHEREAS, Principal binds itself to repair or reconshuct 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 defecrive Work, for which timely nodce was provided by Developer or City, to a
7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to
8 remain in full force and effect.
9
10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconshuct any timely
11 noticed defective Work, it is agreed that the Developer or City may cause any and all such
12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne
13 by the Principal and the Surety under this Maintenance Bond; and
14
15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
17 Worth Division; and
18
19 PROVIDED FURTHER, that this obligation shall be continuous in nature and
20 successive recoveries may be had hereon for successive breaches.
21
22
23
C1TY OF FORT WORTH PALb1/LLA SPR/NGS PHASE 5
STANDARD CI7'Y CONDITIONS - DEVELOPER A WARDED PROJECTS GT}' PROJECT No 102450
Revised January 31, 2012
006219-3
MAINTENANCE BOND
Page 3 of3
1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
�i._
2 instrument by duly authorized agents and officers on this the �a day of t,.�
3 , 20�
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ATTEST:
�
cipal) Secretary
�
Wimess as to Principal
ATTEST:
b��-�
(Surety) 14�E AI Johnson, Witness
�
Wifi S as to SUiety Kathym Lambert
PRINCIP'°'L" Compan Al,�
L.H. Lacv _ Ltd
BY:
Signatur
►J. G�.�I�_ Pres;�C�-�
N e and Title
Address: 1880 Crown R��I Dr., suite 1200
Dallas. Texas 75234
SURETY:
Great American Insurance Company ei
New York
BY: ���,��i ��.�_.
Signature
Rita G. Gulizo, Attomey-in-Fact
Name and Title
Address: 301 E. Fourth Street
Cincinnati, OH 45202
Telephone Number: (5� 3) 369-5000
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract
from the by-laws showing that this person has authority to sign such obligation. If
Surety's physical address is different from its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
C1TY OF FORT WORTH PALM/LLA SPR/NGS PHASE S
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS CI7'}' PROJECT No 102450
Revised January 31, 2012
GREAT AMERICAN INSURANCE COMPANY OF NEW YORK
New York
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513_7�_97en
The number of persons authorized by
this power of attomey is not more than THREE
No. � 19964
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, a corporation
organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the
person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of
the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature
thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this
authority shall not exceed the limit stated below.
Name
RITA G. GULIZO
SUSAN D. ZAPALOWSKI
DAVID T. MICLETTE
Address
ALL OF
NEW ORLEANS, LOUISIANA
Limit of Power
ALL
$100,000,000
This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF, the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed
and attested by its appropriate officers and its corporate seal hereunto affixed this 13TH day of APRI� , 2020 .
Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK
����� � c �� �
�S&AL G �
r-^_,_� �
Assistanf Secretary �� Divisiona! Senror �ce President
MARK VICARIO (877-377-2405)
STATE OF OHIO, COUNTY OF HAMILTON-ss:
On this 13TH day of APRIL , 2o2a , before me personally appeared MARK VICARIO, to me known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond
Division of Great American Insurance Company of New York, the Company described in and which executed the above instrument;
that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed
his name thereto by like authority.
j ,, SUSAN A KOMORST
�' ' Notary PubNc
s State M OMo
�� °� My Comm. Expira
�� � `�`'Tp-/`��
May 18� 7A25
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great
American Insurance Company of New York by unanimous written consent dated May 14, 2009.
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisional
Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attomeys-in-Fact
to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations
in ihe nature thereof,• to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment
at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid o�cers and any Secretary or Assistant
Secretary of the Company may be a�xed by facsimile to any power of attomey or certi�cate of eithergiven for the execution of any bond,
undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and sea/ when so used being hereby
adopted by the Company as the original signature of such o�cer and the original sea/ of the Company, to be valid and binding upon the
Company with the same force and effect as though manually a�xed.
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company of New York, do hergby certify that
the foregoing Power of Attorney and the Resolutions of the Board of Directors of May 14, 2009 have not been revoked and are
now in full force and effect.
Signed and sealed this day of
���_'�
Y SEAL,G
���
Lc�
• 1�_
Assisrant Secrnmp�
S1185N (03/20)
GREAT�ERICAN
INSURANCEGROUP
IMPORTANT NOTICE:
Great American Insurance Company of New York
Great American Alliance Insurance Company
Great American Insurance Company
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Deparhnent of Insurance at:
P.O. Box 149104
Austin, TX 78714-9091
FAX: 1-512-490-1007
Your notice of claim against the attached bond may be given to the surety company that
issued the bond by sending it by certified or registered mail to the following address:
Mailing Address: Great American Insurance Company
P.O. Box 2119
Cincinnati, Ohio 45202
Physical Address: Great American Insurance Company
301 E. Fourth Street
Cincinnati, Ohio 45202
You may also contact the Great American Insurance Company Claim office by:
Fax:
Telephone:
Email:
1-888-290-3706
1-513-369-5091
bondclaims@gaic.com
PRENIIUM OR CLAIM DISPUTES:
If you have a dispute concerning a premium, you should contact the agent first. If you
have a dispute concerning a claim, you should contact the company first. If the dispute is
not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR BOND:
This notice is for information only and does not become a part or condition of the attached
document.
F.9667A (10116)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED
ENDORSEMENT -FORM A
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Policy Number Agency Number Policy Effective Date
CPP20675291101 0765330 02/01/2020
Policy Expiration Date Date Account Number
02/01 /2021 20017633
Named Insured Agency Issuing Company
L.H. LACY COMPANY, LTD. BOWEN, MICLETTE & BRITT AMERISURE INSURANCE
INSURANCE AGENCY, LLC COMPANY
1. a. SECTION II - WHO IS AN INSURED is amended to add as an additional insured any person or
organization whom you are required to add as an additional insured on this policy under a written contract or written
agreement relating to your business.
b. The written contract or written agreement must:
(1) Require additional insured status for a time period during the term of this policy; and
(2) Be executed prior to the "bodily injury". "property damage", or "personal and advertising injury" leading to a
claim under this policy.
c. If, however:
(1) "Your work" began under a letter of intent or work order; and
(2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning
such work; and
(3) Your customer's customary contracts require persons or organizations to be named as additional insureds;
we will provide additional insured status as specified in this endorsement.
2. The insurance provided under this endorsement is limited as follows:
a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by:
(1) Premises you:
(a) Own;
(b) Rent;
(c) Lease; or
(d) Occupy;
(2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to "bodily
injury" or "property damage" occurring after:
(a) All work to be performed by you or on your behalf for the additional insured(s) at the site of the
covered operations is complete, including related materials, parts or equipment (other than seroice,
maintenance or repairs); or
(b) That portion of "your work" out of which the injury or damage arises is put to its intended use by any
person or organization other than another contractor working for a principal as a part of the same
project.
Includes copyrighted material of Insurance Services Office, Inc.
CG 70 85 10 15 Pages 1 of 3
(3) Completed operations coverage, but only if:
(a) The written contract or written agreement requires completed operations coverage or "your work"
coverage; and
(b) This coverage part provides coverage for "bodily injury" or "property damage" included within the
"produds-completed operations hazard".
However, the insurance afforded to such additional insured only applies to the extent permitted by law.
b. If the written contract or written agreement:
(1) Requires "arising out of' language; or
(2) Requires you to provide additional insured coverage to that person or organization by the use of either or
both of the following:
(a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization
endorsement CG 20 10 10 01; or
(b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20
37 10 01;
then the phrase "caused, in whole or in part, by" in paragraph 2.a. above is replaced by "arising out of'.
c. If the written contract or written agreement requires you to provide additional insured coverage to that person
or organization by the use of:
(1) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement
CG 20 10 07 04 or CG 20 10 04 13; or
(2) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 07
04 or CG 20 37 04 13; or
(3) Both those endorsements with either of those edition dates; or
(4) Either or both of the following:
(a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization
endorsement CG 20 10 without an edition date specified; or
(b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20
37 without an edition date specified;
then paragraph 2.a. above applies.
d. Premises, as respects paragraph 2.a.(1) above, include common or public areas about such premises if so
required in the written contract or written agreement.
e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2.a.(1)(c) above does not extend beyond
the end of a premises lease or rental agreement.
f. The limits of insurance that apply to the additional insured are the least of those specified in the:
(1) Written contract;
(2) Written agreement; or
(3) Declarations of this policy.
The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations.
g. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or
"personal and advertising injury" arising out of an architecYs, engineer's, or surveyor's rendering of, or failure
to render, any professional services, including but not limited to:
(1) The preparing, approving, or failing to prepare or approve:
(a) Maps;
(b) Drawings;
(c) Opinions;
Includes copyrighted material of Insurance Services Office, Inc.
Page 2 of 3 CG 70 85 1015
(d) Reports;
(e) Surveys;
(� Change orders;
(g) Design specifications; and
(2) Supervisory, inspection, or engineering services.
h. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is
deleted and replaced with the following:
4. Other Insurance.
Coverage provided by this endorsement is excess over any other valid and collectible insurance available
to the additional insured whether:
a. Primary;
b. Excess;
c. Contingent; or
d. On any other basis;
but if the written contract or written agreement requires primary and non-contributory coverage, this
insurance will be primary and non-contributory relative to other insurance available to the additional
insured which covers that person or organization as a tVamed Insured, and we will not share with that
other insurance.
i. If the written contract or written agreement as outlined above requires additional insured status by use of CG
20 10 11 85, then the coverage provided under this CG 70 85 endorsement does not apply except for
paragraph 2.h. Other Insurance. Additional insured status is limited to that provided by CG 20 1011 85
shown below and paragraph 2.h. Other Insurance shown above.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: Blanket where reguired by written contract or written agreement that
the terms of CG 20 10 11 85 apply.
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown
in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
CG 20 10 11 85 Copyright, Insurance Services O�ce, Inc., 1984
j. The insurance provided by this endorsement does not apply to any premises or work for which the person or
organization is specifically listed as an additional insured on another endorsement attached to this policy.
Includes copyrighted material of Insurance Services O�ce, Inc.
CG 70 85 10 15 Pages 3 of 3
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUL�Y.
TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED
ENDORSEMENT - FORM A
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Policy Number Agency Number Policy Effective Date
CPP20675291101 0765330 02/01/2020
Policy Expiration Date Date Account Number
02/01 /2021 20017633
Named Insured Agency Issuing Company
L.H. LACY COMPANY, LTD. BOWEN, MICLETTE & BRITT AMERISURE INSURANCE
INSURANCE AGENCY, LLC COMPANY
1. a. SECTION II - WHO IS AN INSURED is amended to add as an additional insured any person or
organization whom you are required to add as an additional insured on this policy under a written contract or written
agreement relating to your business.
b. The written contract or written agreement must:
(1) Require additional insured status for a time period during the term of this policy; and
(2) Be executed prior to the "bodily injury", "property damage", or "personal and advertising injury" leading to a
claim under this policy.
c. If, however:
(1) "Your work" began under a letter of intent or work order; and
(2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning
such work; and
(3) Your customer's customary contracts require persons or organizations to be named as additional insureds;
we will provide additional insured status as specified in this endorsement.
2. The insurance provided under this endorsement is limited as follows:
a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by:
(1) Premises you:
(a) Own;
(b) Rent;
(c) Lease; or
(d) Occupy;
(2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to "bodily
injuy' or "property damage" occurring after:
(a) All work to be perFormed by you or on your behalf for the additional insured(s) at the site of the
covered operations is complete, including related materials, parts or equipment (other than service,
maintenance or repairs); or
(b) That portion of "your work" out of which the injury or damage arises is put to its intended use by any
person or organization other than another contrador working for a principal as a part of the same
project.
Includes copyrighted material of Insurance Services Office, Inc.
CG 70 85 10 15 Pages 1 of 3
(3) Completed operations coverage, but only if:
(a) The written contract or written agreement requires completed operations coverage or "your work"
coverage; and
(b) This coverage part provides coverage for "bodily injury" or "property damage" included within the
"produds-completed operations hazard".
However, the insurance afforded to such additional insured only applies to the extent permitted by law.
b. If the written contract or written agreement:
(1) Requires "arising out oP' language; or
(2) Requires you to provide additional insured coverage to that person or organization by the use of either or
both of the following:
(a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization
endorsement CG 20 10 10 01; or
(b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20
371001;
then the phrase "caused, in whole or in part, by" in paragraph 2.a. above is replaced by "arising out oP'.
c. If the written contract or written agreement requires you to provide additional insured coverage to that person
or organization by the use of:
(1) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement
CG 20 10 07 04 or CG 20 10 04 13; or
(2) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 07
04 or CG 20 37 04 13; or
(3) Both those endorsements with either of those edition dates; or
(4) Either or both of the following:
(a) Additional Insured — Owners. Lessees or Contractors — Scheduled Person Or Organization
endorsement CG 20 10 without an edition date specified; or
(b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20
37 without an edition date specified;
then paragraph 2.a. above applies.
d. Premises, as respects paragraph 2.a.(1) above, include common or public areas about such premises if so
required in the written contract or written agreement.
e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2.a.(1)(c) above does not extend beyond
the end of a premises lease or rental agreement.
f. The limits of insurance that apply to the additional insured are the least of those specified in the:
(1) Written contract;
(2) Written agreement; or
(3) Declarations of this policy.
The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations.
g. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or
"personal and advertising injury" arising out of an architecYs, engineer's, or suroeyor's rendering of, or failure
to render, any professional services, including but not limited to:
(1) The preparing, approving, or failing to prepare or approve:
(a) Maps;
(b) Drawings;
(c) Opinions;
Includes copyrighted material of Insurance Services Office, Inc.
Page 2 of 3 CG 70 85 101 S
(d) Reports;
(e) Surveys;
(� Change orders;
(g) Design specifications; and
(2) Supervisory, inspection, or engineering services.
h. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is
deleted and replaced with the following:
4. Other Insurance.
Coverage provided by this endorsement is excess over any other valid and collectible insurance available
to the additional insured whether:
a. Primary;
b. Excess;
c. Contingent; or
d. On any other basis;
but if the written contract or written agreement requires primary and non-contributory coverage, this
insurance will be primary and non-contributory relative to other insurance available to the additional
insured which covers that person or organization as a IVamed Insured, and we will not share with that
other insurance.
i. If the written contract or written agreement as outlined above requires additional insured status by use of CG
2010 11 85, then the coverage provided under this CG 70 85 endorsement does not apply except for
paragraph 2.h. Other Insurance. Additional insured status is limited to that provided by CG 20 10 11 85
shown below and paragraph 2.h. Other Insurance shown above.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILfTY COVERAGE PART.
SCHEDULE
Name of Person or Organization: Slanket where required by written contract or written agreement that
the terms of CG 2010 11 85 apply.
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown
in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
CG 20 10 11 85 Copyright, Insurance Services O�ce, Inc., 1984
j. The insurance provided by this endorsement does not apply to any premises or work for which the person or
organization is specifically listed as an additional insured on another endorsement attached to this policy.
Includes copyrighted material of Insurance Services Office, Inc.
CG 70 85 10 15 Pages 3 of 3
����1�L�Pl�
STREET LIGHT CONTRACT FORMS
00 41 00 - 1
BID FORM
Page I of 3
SECTION 00 41 00
BID FORM
This proposal must not be removed from this book of Contract Documents.
TO: HMH Palmilla Springs Development, Inc.
1038 Texan Trail,
Grapevine, Texas 76051
PROPOSAL FOR: Water, Sewer, Pavin�, Drainage & Street Li ng t Improvements to serve
Palmilla Springs Phase 5
City Project No. 102450
File No. W-2678, X-26322
Includes the furnishing of all materials, except materials specified to be furnished by the City,
equipment and labor for the installation of all facilities and all necessary appurtenances and
incidental work to provide a complete and serviceable project designated as:
WATER, SEWER, PAVING. DR.AINAGE & STREET LIGHT IMPROVEMENTS TO SERVE
PALMILLA SPRINGS PHASE 5
Construction staking for this project shall be perfornied by the Contractor.
The Bidder acknowledges that all work types must be performed only by prequalified contractors
and subcontractors.
Pursuant to the foregoing 'Invitation to Bidders', the undersigned Bidder, having thoroughly
examined the Contract Doctunents, including plans, the site of the project and understanding the
amount of work to be done, and die prevailing conditions, hereby proposes to do all the work,
furnish all labor, equipment and material except as specified to be fiunished by the City, which is
necessary to fully complete the work as provided in die Plans and Contract Documents and
subject to the inspection and approval of the City of Fort Worth, Texas; and binds himself upon
acceptance of this Proposal to execute a contract and furnish an approved Performance Bond,
Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the
Contract Documents for the performing and complering of the said work. Contractor proposes to
do the work within the time stated and for the stun listed in the Proposal Form, Section 00 42 43.
P.9l,dl1!_! rl SYR/.VG.S PIL 1 Sr 5
CITYPROJEC7'NO. 102450
00 41 00 - 2
BID FORM
Page 2 of 3
After acceptance of this Proposal, the undersigned will execute the formal contract and will
deliver approved bonds as required by the Contract Documents, for the faithful performance of
the Contract.
The Bidder agrees to begin construction within 10 calendar days after issue of the work order,
and to complete the contract within 30 working days after beginning construction as set forth in
the written work order to be furnished by the Owner.
I(we) acknowledge receipt of the following addenda to the plans and specifications, all of the
provisions and requirements of which have been taken into consideration on preparation of the
foregoing bid:
Addendum No. 1 (Initials)
Addendum No. 2 (Initials)
Addendum No. 3 (Initials)
Addendum No. 4 (Initials)
I'.41.;tf/Ll.rl SPRINGS PH.�SF. 5
CIT}'PROJECT�'�'O !0_'4�0
004100-3
BID FORM
Page 3 of 3
Respectfully submitted,
By ign
Richard Wolfe
By (Please Print or Type)
President
Title
Independent Utility Construction, Inc.
Contractor
5109 Sun Vallev Drive, Fort Worth TX 76119
Business Address
817-478-4444
Telephone Number FAX Number
Indicate whether — Individual
P e hi
Corporation
P.41,:1f/LI.A SPRIh(;S PFL4SF 5
c,rrr-�no✓ccr.vo lo�asn
0o az aa
DAP - BID PROPOSAL
Page 1 of 3
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Description SpeciScation Section No. Unit of B�d Unit Price Bid Value
No. • Measure Quentiry
NIT : WATER IMPR VEMENT
1 0241.1510 Salva e Fire H drant 02 41 14 EA 1
2 3305.0109 Trench Safe 33 OS 10 LF 9857
3 3311.0001 Ductile Iron Water Fittin w/ Resuaint 33 I 1 11 TON 5
4 3311,0261 8" PVC Water Pi 33 1] 12 LF 9358
5 3311.0541 16" Water Pi e 33 11 10, 33 11 12 LF 499
6 3312.0001 Fire H dtant Assembl 33 12 40 EA 11
7 3312.2003 1" Water Service 33 12 10 EA 235
8 3312 3003 8" Gate Valve 33 12 20 EA 33
9 3312 0106 Connection to Existin 16" Water Main 33 12 25 EA 5
10 33123006 16" Gate Valve w/ Vauit 33 12 20 EA 1
12 9999 0001 Irri ation PVC Pi 00 00 00 LF 105
T TA N : W T PR T
N T : AN TA W R P V M NT
1 3137.0107 Block Ri ra , d 31 37 00 SY 230
2 3301.0002 Post-CCTV Ins ection 33 O1 31 LF 12,155
3 3301.0101 Manhole Vacuum Testin 33 Ol 30 EA 54
4 3305.0109 Trench Safe 33 OS 10 LF 12 155
5 3305.0116 Concrete Encasement for Utili Pi s 33 OS 10 CY 6
6 3331.3101 4" Sewer Service 33 31 50 EA 232
7 3331.41 I S 8" Sewer Pi e 33 11 ] 0, 33 31 12, 33 31 20 LF 12 014
8 3331 41 l6 8" Sewer Pi e, CSS Backfill 33 11 10, 33 31 12. 33 31 20 LF 316
9 3331.41 l9 8" DIP Sewer Pi 33 11 10 LF 141
10 3339.1001 4' Manhole 33 39 10, 33 39 20 EA 50
I 1 3339.1002 4' Dro Manhole 33 39 10, 33 39 20 EA 4
12 3339.1003 4' Extra De th Manhole 33 39 10, 33 39 20 VF 153
13 9999.0002 Connect to Existin Sewer 00 00 00 EA 5
T AL N T : AN TARY PR V M T
C�TY OF FORT WORTH
STANDARD CONSTRUC710N SPECIFICATION DOCUMENTS - DEVELOPER A WARDED PROJECTS
FormVersionSepkmber1.2015 004243 BidProposel_DAP-IndependenLxl+
0o az aa
DAP-BIDPROPOSAL
Page 2 of 3
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Projectltem Infortnetion Bidders Proposal
Bidlist Item Descnpbon Specification Section No. Unit of B�a Unit Price Bid Vnlue
No. Meesurc Quantiry
N T : DRA NAGE IMPR VEMENT
1 0241 4201 Remove 4' Dro Inlet 02 41 14 EA 1
2 3137.0107 Block Ri ra , d 31 37 00 SY 944
3 3305.0109 Trench Safe 33 OS 10 LF 3284
4 3341.0201 21" RCP, Class III 33 41 10 LF 354
5 3341.0205 24" RCP, Class III 33 41 10 LF 1520
6 3341.0208 27" RCP, Class III 33 41 10 LF 30
7 3341.0302 30" RCP, Class III 33 41 l0 LF 1,068
8 3341.0309 36" RCP, Class III 33 41 10 LF 312
9 3349.0001 4'x4' Storm ]unction Box 33 49 10 EA 5
10 3349.3003 24" SVai ht Headwall, 1 i e 33 49 40 EA 6
11 33493007 36" Strai ht Headwall, 1 i e 33 49 40 EA I
12 3349.5001 10' Curb Inlet 33 49 20 EA I 1
13 3349.5002 15' Curb Inlet 33 49 20 LF 7
14 3349.5003 20' Curb Inlet 33 49 20 EA 2
I S 9999.0003 Relocate existin 6' Dro Inlet 00 00 00 EA I
T T N R M NT
N T • P V N MPR V M NT
1 0241.1100 Remove As halt Pvmt 02 41 I S SY 2156
2 3211.O1 l 1 4" Flex�ble Base, T e A, GR-1 32 I 1 23 SY 507]
3 3211.0400 H drated Lime 32 11 29 TON 639
4 3211 0502 6" Lime Treatment (301b/SY 32 11 29 SY 39,413
5 3211.0502 8" Lime Treatment 361b/SY 32 l 1 29 SY 2643
6 3212.0302 2" As halt f'vmt T e D 32 l2 16 SY 229
7 3212.0501 4" As halt Base T B 32 l2 16 SY 229
8 3213.0101 6" Conc Pvmt 32 13 13 SY 36626
9 3213.0301 4" Conc Sidewalk 32 13 20 SF 21,336
10 3213.0501 Barrier Free Ram , T R-I 32 13 20 EA 10
11 3213.0506 Barrier Free Ram , T P-1 32 13 20 EA 40
12 3305.0107 Manhole Ad'ushnent, Minor 33 OS 14 EA 40
13 3471.0001 Tra�c Control 34 71 13 MO 1
14 9999.0004 7.5" Concrete 00 00 00 SY 2461
IS 9999.0005 Pavement Markin Si na e 00 00 00 LS 1
16 9999 0006 End of Road Bamcade and Header 00 00 00 EA 4
T TA I IV: PAVIN IMPR V M N
CITY OF FORT WORTN
STANDARD CONSTRUCTION SPECIFICA770N DOCUMENTS - DEVELOPER AWARDED PROJECTS
Fofm Vernon Septembtt I. 2015 00 42 43_Bid Propo�d_DAP - Independent mL+
00 42 43
DAP-BIDPROPOSAL
Page 3 of 3
secnoN oo az as
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
B�d
UNIT II' SANITARY SEWER IMPROVEMENTS
UNIT III: DRAINAGE IMPROVEMENTS
UNIT IV: PAVING IMPROVEMENTS
UNIT V: STREET LIGHTING IMPROVEMENTS
UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS
Contractor agren to complete WORK for FINAL ACCEPTANCE withio
CONTRAC'f commencea to run ae provided io the General Conditiom.
END OF SEC'fION
ciry o� FoaT woerH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROIECTS
fofm Version September I. 2015
Bidder's Application
Total Coostruction Bid
3U warking days after t6e date w6en t6e
0042 43_Bid Propos¢I_DAP • Independent xls
00 45 12
DAP PREQUALIFICATION STATEMENT
Page 1 of 1
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. In the "Major Work
Tvpe" box provide the complete major work type and actual description as provided bv the Water
Department for water and sewer and TPW for pavin�
Major Work Type Contractor/Subcontractor Company Name Prequalification
Ex iration Date
Roadway and Pedestrian Independent Utility Construction, Inc. ����
Lighting �Qa-`
The undersigned hereby certifies that the contractors and/or subcontractors described in the table above
are currently prequalified for the work types listed.
BIDDER:
Independent Utility Construction, Inc.
5109 Sun Valley Drive
Fort Worth, TX 76119
BY: Q,�-.' I�,rd� � � �
� �,�� � .�.�
TITLE:�1��51 `Q
DATE: '� � �7 O _ � n �
Pv
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWARDED PROJECTS 00 45 12 Prequalification Statement 2015 DAP - Independent
Form Version September 1, 2015
00 45 26 -1
CONTRAGTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page 1 of 1
1 LSECTION 00 45 26
2 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. 102450. 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
11
12
13
14
15
16
17
18
19
20
21
22
23
24
CONTRACTOR:
Independent Utilitv Construction, Inc. By: Richard Wolfe
Company (Please Print)
1880 Crown Road Signature:
Address
Dallas Texas 75234 Title: President
City/State/Zip (Please Print)
TI� STATE OF TEXAS
COUNTY OF TARR.ANT
§
§
25 BEFORE ME, the undersigned authority, on this day personally appeared
26 Richard Wolfe , known to me to be the person whose name is
27 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as
28 the act and deed of Independent Utility Construction, Inc for the purposes and consideration
29 therein expressed and in the capacity therein stated.
30
32 GNE �� R MY HAND A�SEAL OF OFFICE this day of
2 �1,
33 � � { � ' ►
34
35
36
37
38
39
40
41
42
43
44
45
�.���"'��., CHRISTINA GARCIA �
; �'pY PUB�i
_z:• ��Notary Public, state ot Texas otary Pub ic in and or the
=N�;;�,'Q? Comm. Expires 12-20-2020
': rF oF � �..
',,����„�; � Notary IG 1309407E5
D OF SECTION
r
� ���
of Texas
CITY OF FORT WORTH f'�lt:�//LL.�i SPRINGSPH�ISE s
STANDARD CONSTRUCTION SPEC[FICATION DOCUMENTS C/T}'PRO.IECTNo. lOZ�SU
Revised April 2, 2014
005243-1
Developer Awarded Project Agreement
Page I of 4
1
SECTION 00 52 43
2 AGREEMENT
3 THIS AGREEMENT, authorized on %/?0 /2ozo is made by and between the Developer,
4 (HMH Palmilla Springs Development, Inc.), authorized to do business in Texas ("Developer"),
5 and Independent Utility Constniction, Inc. authorized to do business in Texas, acting by and
6 through its duly authorized representative, ("Contractor").
7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
8 follows:
9 Article 1. WORK
10
11
12
13
14
15
1G
17
18
19
20
Contractor shall complete all Work as specified or indicated in the Contract Documents for the
Project identified herein.
Article 2. PROJECT
The project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
Water. Sewe�•. PnvinQ. U�•ainage c�r Street l.r h�tprovements to Pa/milla Sf�rin,es Phnse 5
Ci! � Pro �ect No. 102450
Article 3. CONTRACT TIME
3.1 Time is of die essence.
All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
Documents are of the essence to this Contract.
21 3.2 Final Acceptance.
22 The Work will be complete for Final Acceptance within 30 working days after the date
23 when the Contract Time commences to ruu as provided in Paragraph 12.04 of the Standard
24 City Conditions of the Construction Contract for Developer Awarded Projects.
25 3.3 Liquidated damages
26
27
?g
?9
30
31
32
33
34
35
36
Contractor recognizes that time is of the essence of this Agreement and that Developer
will suffer financial loss if the Work is not completed within the times specified in
Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of
the Standard City Condirions of the Construction Contract for Developer Awarded
Projects. Tl�e Contractor also recognizes the delays, expense and difficulries involved in
proving in a legal proceeding the actual loss suffered by the Developer if the Work is not
completed on time. Accordingly, instead of requiring any such proof, Contractor agrees
that as liquidated damages for delay (but not as a penalty), Contractor shall pay
Developer %ivo Hrrnc��•ed Fortv Dollars ($240.00) for each day that expires after the time
specified in Paragraph 32 for Final Acceptance until the City issues the Final Letter of
Acceptance.
CITY OF FORT WORTH Ptll,l-f1l.1..1 SYRINGS Pfl. ISE 5
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -- DEVELOPER A�VARDED PROJECTS C/77'YRO./F.C'7 rVo. 102-I.iO
Revised June 1G,201G
00 52 43 - 2
Developer Awarded Project Agreement
Page 2 of4
37 Article 4. CONTRACT PRICE
38 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract
39 Documents an amount in current funds of One Hundred Sixtv-Three Thousand, Three Hundred
40 Seventeen Dollars and Ninetv-Two Cents ($ 163.317.92).
41 Article 5. CONTRACT DOCUMENTS
42 5.1 CONTENTS:
43 A. The Contract Documents which comprise the entire agreement between Developer and
44 Contractor concerning the Work consist of the following:
45 1. This Agreement.
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
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
h. MBE and/or SBE Commitment Form (If required)
3. Standard City General Conditions of the Construction Contract for Developer
Awarded Projects.
4. Supplementary Conditions.
61 5. Specifications specifically made a part of the Contract Documents by attachment
62 or, if not attached, as incorporated by reference and described in the Table of
63 Contents of the Project's Contract Documents.
64 6. Drawings.
65 7. Addenda.
66
67
68
69
70
71
72
73
74
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 P,4l,:bl/! L.�I SPR/NGS PHASE .i
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS C7Tf" PROJF.CT �Vo l0'450
Revised June 16, 2016
005243-3
Developer Awarded Project Agreement
Page 3 of 4
75 Article 6. INDEMNIFICATION
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
6.1 Contractor covenants and agrees to iademnify, 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 arovision is snecificallv intended to oaerate
and 6e effective even if it is alle�ed or aroven that all or some of the dama�es beinE
sou�ht were caused. in whole or in part. bv anv act, omission or negli�ence of the citv.
This indemnity provision is intended to include, without limitation, indemnity for
costs, expenses aad legal fees incurred by the city in defending against such claims and
causes of actions.
6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
the city, its ofticers, 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 indemnificaHon
arovision is saeciiicallv intended to oaerate and be effective even if it is alle�ed or
aroven that all or some of the dama�es bein� sou�ht were caused. in whole or in part.
bv anv act. omission or netli�ence of the citv.
Article 7. MISCELLANEOUS
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 73 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 PAL:tlILLA SYRINGSPFf.4�F_ 5
STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITF PROJF.CT �Vo. l0'450
Revised June l6, 2016
005243-4
De� eloper Awarded Project Agreement
Page 4 of 4
�
117 7.6 Authority to Sign.
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119
120
121
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123
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125
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
coLmterparts.
This Agreement is effective as of the last date signed by the Parties ("Effective Date")
Contractor:
Independen! Utrlity Co»struction, Inc
B :
(Signatur
Ric rd ol e
(Printed Name)
Developer:
Title: President Title: C
Company Name: Company uame: HMHPalmilla Springs
Independent Utility Construction, Inc. Developmen�, IITC.
Address: Address:
5109 Sun Valle Drive 1038 Texan Trail
City/State/Zip: Forth Worth, TX 76119
126
—�� � ���J
Date
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���i� ���17�EXAS,``�����
CitylStatelZip:
Grnpevine/Texns176051
� /3p 1202�
Date
CIT'Y OF FORT WORTH P.�ILd11/.L.1 SYRLVG.S!'tG(SE.i
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER A�VARDED PROJECTS CI%7'PRO.I/iC7 .Vo. /02-I�0
Revised June 1G, 201G
(Printed Name)
0O 61 I i- I
PI:RfOR�1�WCl_ 130ND
P•�ac I of 2
[3ond No. 098370G
1
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I1
S�CTION 00 62 13
PCRFORMANCE BOND
THE STATG OF T�XAS §
§ KNOW ALL BY THGS� PR�SENTS:
COUNTY OF TARRANT §
Tllat we, Independent Utilit� Construction. Inc. _ known as `'Principal'' herein and
_ Westfield Insurance Companv . a corporate surety(sureties. if more than one) duly
authorized to do business in the State of "1-e�as. kno�vn as "Sw-ety'� herein (�vhether one or more),
are held and firmly bound wito the Developer. I-IMI-I Palmilla Sprines Development. lnc..
authorized to do business in Texas ("Developer") and the Cit�� of Fort Worth, a Texas municipal
12 corporation ("City"), in the penal sum of. One Hundred Si�tv-Three Thousand. Three Hundred
13 Seventeen Dollars & Ninetv-T�vo Cents ($163.317.92) la�vful money of the United States. to be
14 paid in Fort Worth, Tarrant County. Tesas for the payment of �vhich sum well and truly to be
l�
16
made,_jointly unto the Developer and the Cit�� as dual obli��es. �ve bind ourselves. otn- heirs.
executors, adminish�ators, successors and assigns, jointly and severally, firmly by these presents.
17 WHGR�AS, Developer and City have entered into an Agreement for the construction of
18 community facilities in the City of Fort Worth by and through a Community Facilities Agreement,
19 CFA Number 20-00�7 : and
20 WHEREAS. the Principal has entered into a certain �vritten contract �vith the Developer
21 awarded the 3� day ot� �KIv . 202.�. ���hich Contract is hereb}' referred to and
22 made a part hereof tor all purposes as if full� set forth herein. to furnish all materials. equipment
23 labor and other accessories detinecl b� la��. in the prosecution of the Work. including any Change
24 Orders. as provided for in said ConU�act desi��nated as Street Li�htin� Improvements to serve
25
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Palmilla Sprin�s Phase �.
NOW, THERCFORC, the condition of this obli��ation is such that if�the said Principal
shall faithiully perform it obliy�ations uncler the Contract and shall in all respects dul� and faithfull�
perform the Work. incluclin� Chan�e Orders. under the ConU�act. according to the plans.
29 specifications. and contract documents therein referred ta and as �vell during an� period of�
30 extension of the Contract that ma� be y�ranted on the part of the Developer and/or Cit��, then this
31 obligation shall be and become null and �oid. other��ise to remain in 1�ull force and el�iect.
CI'I�1' OP I C)K I�'� OK I I I Palmilla 5prui�_ti Phatic �
S I ANDAKD CI I1' CONUI I Il)�ti — DI VI L(�PI K\\4:11Z1)I U PRO.II C f5 Cm Pro�crt No 102-I�0
Rc� i5cd .lanuan 31 ?C 12
0061 13-2
PI RI OR�Ir\NCI 130N1�
P•iac 2 0l"2
Bond No. 098370G
1 PROVIDCU FURTFIrR, that if any leV�al action be filed on this [3ond. venue shall lie in
2 T�rrant County. Teaas or the United States District Cow-t for the Northern District of Texas, Fort
3 Worth Division.
4 This bond is made and executed in compliance �vith the provisions of Chapter 22�3 of the
5 Te�as Government Code. as amended, and all liabilities on this bond shall be determined in
6 accordance �vith the provisions of�said statue.
7 IN WITN�SS WH�RGOF, the Principal and the Siu-ety have SIGNED and SEALCD this
8 instrument by dul� authorized agents and officers on this the 3 � day of Tu� , 202�.
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A TT
(Princ.ipa Secretary
, r
Witness as to Principal
\�'itness �s to Suret� Gala Harris
PRINCIPAL:
INDEPENDE UTILITY
CONSTRU N.INC. �
BY:
Si�n� re
Ricliard Wolfe. President
Name and Title
Address: .i 109 Sun Valley Drive
Fort Worth. Texas 761 I9
SURETY:
WGSTFIELD INSURANCE COMPANY
� _ � �._�I � � �_'�
,
Glizabeth Gray. Attornev-in-F�ct
Name and Title
Address: �S.i Republic Drive. Suite �I50
Plano. Texas 7507�4
Telephone N�nnber: 972-� I G-3600
39
40 �`Notr. If si��ned b� an of�ficer of�the Suret� Companl. there must be on tile a certilied extract
�41 i�rom the b�-la��s sho��in�� that this person I�as authorit� to si;�n such obligation. If'
42 Suret�'s ph�sical address is dif�ferent from its mailiny� address. both must be provided.
�13 "fhe date of the bond shall not be �rior to the date the Contract is a��arded.
C�I'll' 01 IOIt l UOR I I I Palmilla Spnngti Phau �
S'fANI) \RI) CI I 1' COKDI IlONS DI \'I IOPI R•\\\ \RDI U PIZc),II C I S C n� Pro�crt No 102�l�0
Rc� iscd I.uivar� ; I 2(i I?
U061 W-I
PAlT�I1:N"f BOND
Paec I of Z
Bond No. 098370G
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THE STAT� OF TEXAS
COUNTY OF TARRANT
SECTION 00 62 la
PAYNIENT BOND
§
§ KNOW ALL BY TH�S� PR�S�NTS:
§
7 That �ve, lndependent Utilitv Construction. Inc. . kno�vn as "Principal" herein.
8 and Westfield Insurance Companv , a corporate surety (or sureties if more than
9 one), duly authorized to do business in the State of Texas. kno�vn as "Surety'' herein (�� hether one
10 or more), are held and tirmly bound unto the Developer HMH Palmilla Sprin�s Development.
1 I Inc.. authorized to do business in Te�as (`'Developer"), and the City of Fort Worth, a Teaas
12 municipal corporation (`'Cit��"). in the penal sum of One Hundred Sixty-Three Thousand. Three
13 I-liindred Seventeen Dollars R. Nineh�-T��o Cents ($163.317.92) lawful money of the United
14 States. to be paid in Fort Worth. Tarrant County. Te�as. for the payment of �vhich sum �vell and
IS truly be made,jointly unto the Developer and City as dual obligees, we bind ourselves. our heirs.
IG
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ezecutors. administrators. successors and assigns. jointly and severally, firmly by these presents:
WHER�AS, Developer and City have entered into an Agreement for the construction of
community facilities in the City of Fort Worth, by and through a Cotnmunity Facilities
Agreement. CFA Number 20-0057 ; and
20 WHGRGAS, Principal has entered into a certain �vritten Contract with Developer.
21 a��arded the 3a da�� of S��u . 20Z0, which Contract is hereby referred to and
22 made a part hereof for all purposes as if fully set forth herein. to fiu•nish all materials. equipment.
23 labor and other accessories as detinecl b� law. in the prosecution of the Work as provided for in
24 said ConU�act and desi��nated as Street Li�;htin� Improvements to serve Palmilla Sprin�s_ Phase �.
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NOW, THERGFORC, l-I IL. CONDITION OF �'FIIS OQLIGATION is such that if
Principal shall pa� all monies o�� in�� to an� (ancl all) payment bond beneticiar� (as detined in
Chapter 22�3 of the Te�as Government Code. as amended) in the prosecution of the Worh im
der the Contract. then this obliy�ation shall be and become null and void; other���ise to remain in
Full force and effect.
CI I 1' OI IOR I\\ OR fl I Pahnilla Spnn��ti Phatic �
S I:\NI).4R1) CI I 1' CONI)I I IUf�S - I)I VI IOPI R,\\� ;\RULt) I'RO.II C`I S Cm Pro�cc� No 102�1;u
Rc� iticJ lanu.in 31 ?012
l)0 61 I-1 _ ,
PAY�91.N I BU�'D
p•i„c 2 0l 2
E3ond No. 09S370G
This bond is made and esecuted in compliance �vith the provisions of Chapter 2�53 of the
2 Texas Government Code. as amended. and all liabilities on this bond shall be determined in
3
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accordance with the provisions of said statute.
IN WITN�SS WHGREOF, the Principal and Surety have each SIGNED and SEALED
this instrument by duly authorized agents and officers on this the 3� day of�1�_ . 20Z.o.
PRINCIPAL:
INDEPGND T UTILITY
CONSTR C ION.INC.
BY:
Signature
Richacd Wolfe. President
Name and Title
ATTLST:
�i`� /� ��
(Sin�ety) Secretary Frank A. Carrino
Witness as to Suret� Gala Harris
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Address: � 109 Sun Vallev Drive
Fort Worth. Te�as 761 19
SURETY:
WESTFIELD INSURANCE COMPANY
�
: / ��,�I `.� /_
w` �
Elizabeth Gra�. Attornev-in-Fact
Name and Title
Address: ��� Republic Drive, Suite �I50
Plano. Texas 75074
Telephone Number: 972-� 16-2600
Note: If� sizned b� an ol�ficer of the Sw�et}. there must be on file a certified e�tract ti�om the
b�la��s sho��im� that this person has authorit� to si�yn such obli�zation. If Suret�'s ph�sical
adclress is dif�ferent fi�om its mailiny� address. both must be provided.
The date of the bond shall not be prior to the date the Contract is a��arded.
GND OF SL•'CTION
CI I 1' OI IOIt I\\ (�K I I I I'alm!Il.i Spnn_�ti Phau i
S I\\U \RI) CI I1" CO\DI I IOV5 I)I VI IOPI R��\i:\RDI U I'RU.II CIti Clh Prolcc� \u 10_'-Jill
Rr�iud I.inuan 31 ZUI'
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NAI� I I N;WC I 13c)�U
P,icr I nl ;
ao�,� No. o�s��oc
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THE STAT� OF TEXAS
COUNTY OF TARRANT
S�CTION 00 62 19
MAINTENANCE BOND
§
§ KNOW ALL BY THES� PR�SCNTS:
§
That �ve Indeuendent Utility Construction. Inc. . hnown as "Principal" herein and
Westtield Insurance Compai��, a corporate surety (sureties, if more than one) duly
authorized to do business in the State of Texas, known as "Surety" herein (whether one or more).
1 I are held and tirmly bound unto the Developer, HMH Palmilla Sprin�s Development. lnc..
12 authorized to do business in Tezas (`'Developer") and the City of Fort Worth, a Texas municipal
I3 corporation ("City''). in the sum of One Hundred Sixty-Three Thousand. Three Hundred
1�4 Se�enteen Dollars & Ninetv-T�vo Cents ($163.� 17.92) lawful money ofthe United States, to be
I S paid in Fort ti'orth, Tarrant County, Texas. for payment of �vhich siun �vell and truly be made
IG .jointl� unto the Developer and the City as dual obligees and their successors, we bind ourselves.
17
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our heirs. eaecutors. administrators, successors and assigns, jointly and severally, tirml� by these
presents.
20 WHER�AS, Developer and City have entered into an Agreement for the construction of
21 community facilities in the City of Fort Worth by and through a Communit� Facilities
22 AgreemenL CFA Number 20-0057 ; and
23 WHERCAS, the Principal has entered into a certain written contract with the Developer
2�1 a��arded the 3� day of 34�,� , 20'1-�, which Contract is hereby referred to and
�5 a made part hereof� for all purposes as if fully set Forth herein, to furnish all materials. equipment
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labor and other accessories ��s definecl by law, in the prosecution ofthe Worh. includiny� an�
VVork resultim� ti�om a duly authorized Change Order (collectively herein, the'`VVork��) as
pro� ided for in said Contract �nd desi��nated as Street Li��htine Improvements to ser�e Palmilla
Si�rin��s Phase �: and
WHrRGAS. Principal binds itself to use such materials and to so construct the Work in
accordance ��ith the plans. specifications and Contract Documents that the Work is �nd ��ill
remain f�ree fi�om clefects in materials or worl.manship for and durin�� the period of t���o (2) �•ears
aRer the date of Final Acceptance of the Work b�• the Cit� ("Maintenance Period"): and
CI'I 1(�I I OI: I\� OK I I I Palmilla Spnne� I'hatic i
S'I':\f�U:V�U � I I 1 C( )NI)I I IUNti — I)1 VI I OPl R A�'1 AlZD1.D PRO.ILC I S Cm Pru�ec� \�u I�1'_dill
Rc� iticd I.inuan ; I 2r�;'_
Ooh_' ly_�
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a��,d No. o�s��o�
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WHERGAS. Principal binds itself to repair or reconstruct the Work in �� hole or in part
upon receiving notice fi�om the Developer and/or City of the need thereof at any time �� ithin the
Nlaintenance Period.
NOW TH�REFORE. the condition of this obligation is such that if Principal shall
remedy any defective Work. for �vhich timely notice was provided by Developer or Cit�. to a
completion satisfactory to the City, then this obligation shall becoine null and void: other��ise to
remain in f�ull force and effect.
PROVIDGU, HOWCV�R, if Principal shall fail so to repair or reconstruct �m timel�
noticed defective Work. it is a�=reed that the Developer or City may cause any and all such
defective Work to be repaired and/or reconstructed with all associated costs thereof bein`� borne
b� the Principal and the Surety under this Maintenance Bond; and
PROVIDGD FURTHER, that ifany legal action be tiled on this Bond. venue shall lie in
Tarrant Count�. Tezas or the United States District Court for the Northern District of Te�as. Fort
Woi�th Division_ and
PROVIU�D FUI2THER, that this obligation shall be continuous in nature and
successive recoveries may be had hereon for successive breaches.
CI'I'1' UI I c)It I�� Olt I�I I
ti"I�A�U UZI) C I I 1' CONDfIIONS — DL-VI I OPLR r\14,�RDI D PRO.II C I S
Rc� isrd .I,inu,�n ; I 2012
Palmill:i Sprin��ti I'h,itir i
Cll� I'ru�erl No 10_'-IiU
UU 6� 19 ;
\I \It� I I \ \\'CI 13U\U
Pdac i o(3
I3oncl No. 09S370G
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IN WITNCSS WHERGOF. the Principal and the S�u�et� have each SIGNGD and SL-:ALL:D this
instrument by duly authorized agents and officers on this the � � da�� of �u��__ , 20�.
ATTE.' :
( rincip: ecretar�•
nness as to Principal
_r;� � �
ATTGST:
��( �f 7��w-.-o
( Sure }) S cretar rank A. Carrino
�'ViUiess as to Surety Gala Harris
PRINCI PAL:
INDGPEND T i�TILITI'
CONSTR C 10�1.11�C.
BY:
.ig<<•
Richard Wolfe. President
Name and � itle
Address: 5109 Sun \'alle� Drive
Fort Worth. Texay 7G I 19
SURETI':
WGSTFIELD INSURAI��CE COl�IPf\ul'
/
i: ' ,,1 � �� � � �
Elizabeth Gray. Attorne�-in-�act
Name and Title
Address: ��� Republic Drive. Suitc =1�0
Plano. Texas 7�07-!
Telephone Number: 973-� I G-?600
3�
36 "Note: If�signed b�• an officer of the Surety Company. there must be on file a certilied eztract
37 fi�om the by-la��s sho�ving that this person has authority to si`�n such obligation. It
38 Siu�etv's physical address is diiferent ti�om its mailing address. both must bc pro� ided.
39
�40
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1 he date ol�the bond shall not be prior to the date the Contract is ����arded.
CI I lOI IOR I\1OR I I I I':ilmilla Sprur�ti Phax �
S I�NI)�\Itl) CI I1 CONDI I IUNS — I)I VI IOI'I I: :\\1 \RDI D PRU.II C fS Ci�� I'ro�r�l Nu IU2�liO
Rc�iticd I.in.i.�� ;I '{]�?
IMPOR7ANT NOTICE
To obtain information or make a complaint:
You may call Westfield Insurance Company's
and/or Ohio Farmers Insurance Company's
toll-free telephone number for information or to
make a complaint at:
1-800-368-3597
You may also write to Westfield Insurance
Company and/or Ohio Farmers Insurance
Company at:
555 Republic Drive, Suite 450
Plano, Texas 75074-8848
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(c�tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your
premium or about a claim you should
contact the agent or Westfield Insurance
Company and/or Ohio Farmers Insurance
Comapny first. If the dispute is not resolved,
you may contact the Texas Department of
Insurance.
ATTACH THIS NOTICE TO YOUR
POLICY: This notice is for information only
and does not become a part or condition of
the attached document.
AVISO IMPORTANTE
Para obtener informacion o para someter una
queja:
Usted puede Ilamar al numero de telefono gratis de
Westfield Insurance Company's / Ohio Farmers
Insurance Company's para informacion o para
someter una queja al:
1-800-368-3597
Usted tambien puede escribir a Westfield Insurance
Company / Ohio Farmers Insurance Company:
555 Republic Drive, Suite 450
Plano, Texas 75074-8848
Puede comunicarse con el Departamento de
Seguros de Texas para obtener informacion acerca
de companias, coberturas, derechos o quejas al:
1-800-252-3439
Puede escribir al Departamento de Seguros de
Texas:
P. O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection(c�tdi.state.tx.us
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tiene una disputa concerniente a su prima o a un
reclamo, debe comunicarse con el agente o
Westfield Insurance Company / Ohio Farmers
Insurance Company primero. Si no se resuelve la
disputa, puede entonces comunicarse con el
departamento (TDI).
UNA ESTE AVISO A SU POLIZA: Este aviso es
solo para proposito de informacion y no se
convierte en parte o condicion del documento
adjunto.
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEAFtINv I F11J JAMt
POWER # AND ISSUED PRIOR TO 04/20/11, FOR ANY PERSON OR PERSONS NAMED BELOW.
General
Power
of Attorney
CERTIFIED COPY
POWER NO. 4220052 06
Westfield Insurance Co.
Westfield National Insurance Co.
Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know Al! Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a"Company" and collectively as "Companies,' duly
organized and existing under the laws of the State of Ohio, and having its prihcipal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
CHARLES D. SWEENEY, MICHAEL A. SWEENEY, KYLE W. SWEENEY, ELIZABETN GRAY, JOINTLY OR SEVERALLY
of FORT WORTH and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authonty hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and alt bonds, recognizances, undertakings, or other instruments or contracts of
suretyship- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • - - - - - - - - �
LIMiTATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed wilh the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"Be !t Reso/ved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Execu[ive shall
be and is hereby vested with full power and authority to appoint any one or more swtable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney-in-Faci. may be given full power and authority for and in the name of a�d on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
"Be it Further Resolved, [hat the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February B, 2000).
!n Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 20th day of
APRIL A.O., 2011 .
Corporate �.• ' h,
Seals r \as��:�ti�C ''.
Affixed � �v ���..a� =ti p�
? N t i.J �t.C'�..t •-1f
�
'���'••. _ ����r��
State of Ohio '""�
County of Medlna ss.:
.�`'.��nNA(���' .
; � ,P /�SG�=_
; N; SEAL �Z -
:y' •'o-
••k
�
i:, 1�46 �.
• � '.
WESTFIELD INSURANCE COMPANY
WESTFIELD NATIONAL INSURANCE COMPANY
OHIO FARMERS INSURANCE COMPANY
� , '
By:
Richard L. Kinnaird, Jr., Nationa/ Surety Leader and
Senior Executive
On this 20th day of APRIL A.D., 2011 , before me personally came Richard L. Kinnaird, J�. to me known, who, being by me duly
sworn, did depose and say, that he resides in Medina, Ohio; that he is Senio� Exectftive of WESTFIELD INSURANCE COMPANY, WESTFIELD
NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above
instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed
by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Nota ri a l ` N�NI�Ny�� ,
Seal ,••`'��1AL 4�,, ' •
AKxed �P:_ \11�/ S �"
O : °��� . �� 9 �-
Zr�i/�• �' r. .
• ^ l • William J. Kahelin, A rney at Law, Notary Public
State of Ohio :,N d�� o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.: : y �;•
...TFOf�.'
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and corred copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
!n Witness Whereof, I have hereunto set my hand and affixed the seals of said Companiw at Westfield Center, Ohio, this day of
_r,,,,,,...,...�,,, ,..,
�v `as,� ,�QR ': : o:,�.�'nran�:;N.G'
�;' � ` �'� �LL `, �rs z�:
�t•��'� '�,� :c~n�, SEt�L :m_
�� ��'ti, �'` f�Y ,� � Jz' � ��O ,
,�`""^...�.�" � ,��,,,
'. 1�48: `
�i�� � '
Seeretary
Frank A. Carrin�, Se�retary
BPOAC2 (combined) (06-02)
A� O�
CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)
07/30/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT �oyce Womack
NAME:
The Sweeney Company AHCNNo Ezt :�81 �� 457-6700 qiC No :�817) 457-7246
1121 E. Loop 820 South E'MA � Joyce@thesweeneyco.com
ADDRESS:
P O BOX 8720 INSURER(S) AFFORDING COVERAGE NAIC p
Fort Worth TX 76124-0720 iNsurtert a: Am Cas Co of Reading, PA 20427
INSURED iNSURE • Continental Casualty Co 20443
Independent Utility Construction, Inc.
5109 Sun Valley Dnve
Fort WoRh TX 76119-6411
TX 76102
41769
22945
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTVNTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR P LI Y EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY LIMITS
X COMMERCIAIGENERALLIABILITY EACHOCCURRENCE S ��000,000
CLAIMS-MADE � OCCUR PREMISES Eaoccurrence g �00,000
x CONTRACTUAL MED EXP (Any one person) 5 � 5,000
A X XCU 6076055350 03/31/2019 10/31/2020 pERSONAL&ADVINJURY g 1,000,000
GEN'LAGGREGATE LIMITAPPLIES PER GENERALAGGREGATE g 2�000,000
POLICY X PR� LOC PRODUCTS-COMPlOPAGG g 2�000,000
JECT
X OTHER $��000 Ded per PD Occ S
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000
Ea accident
X ANY AUTO BODILY INJURY (Per person) S
g OwNED SCHEDULED 6076055364 03/31/2019 10/31/2020 BODILY INJURY (Per accidenU S
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE 5
AUTOS ONLY AUTOS ONLY Per accidenl
S
X UMBRELLA LIAB X p�CUR EACH OCCURRENCE S 3,000,000
C EXCESSLIAB CLAIMSMADE ZUP-31N12042-20-NF 03/31/2020 10/31/2020 qGGREGATE 5 3,000,000
DED X RETENTION S �0,000
S
WORKERS COMPENSATION �/ PER OTH-
AND EMPLOYERS' LIABILITY
/� STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N 1,000,000
� OFFICER/MEMBERE%CLUDED? � N1A 0010713602 1O/31/2019 1O/31/2020 EL EACHACCIDENT S
(Mandatory In NH) E L DISEASE - EA EMPLOYEE S ��000,000
If yes, describe under 1,000,000
DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT S
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Street Lighting Improvements to serve Palmilla Springs Phase 5, City Proj No. 102450. WC, GL 8 auto include a blanket automatic waiver of subrogation
endorsement & the GL, auto include a blanket automatic additional insured endorsement providing additional insured 8 waiver of subrogation status to the
certificate holder only when there is a written contract between the named insured & the certificate holder that requires such status. The additional insured
endorsements contains special primary & noncontributory wording. Umbrella follows form.
CERTIFICATE HOLDER
CITY OF FORT WORTH
200 TEXAS ST
FORT WORTH
ACORD 25 (2016/03)
R8.
iNsuRErt C: Travelers Property 8 Cas Group
iNsuRErt o: Texas Mutual Insurance Company
INSURER E :
INSURER F :
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
O 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
DATE (MM/DD/YYYI�
ACORO� CERTIFICATE OF LIABILITY INSURANCE
07/30/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorse .
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Joyce Womack
NAME:
The Sweeney Company A/CNNo Ext :�8� �� 457-6700 A�� No :(817) 457-7246
1121 E. Loop 820 South E-MAIL �oyce@thesweeneyco.com
ADDRESS:
P O BOX 8720 INSURER(S) AFFORDING COVERAGE NAIC #
Fort Worth TX 76124-0720 iNsurteaa: Am Cas Co of Reading, PA 20427
INSUREo INSURER 8: Continental Casualty Co 20443
Independent Utility Construction, Inc iNsurtert c: Travelers Property & Cas Group 41769
5109 Sun Valley Drive iNsuaeR o: Texas Mutual Insurance Company 22945
INSURER E :
Fort Worth TX 76119-6411 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREO NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VNTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR TYPE OF INSURANCE POLI Y EFF POLICY EXP
LTR �NSD NND POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS
X COMMERCIALGENERALLIABILITY EACHOCCURRENCE S ��000,000
�/ A A 100,000
CLAIMS-MADE /� OCCUR PREMISES Ea occurrence S
X CONTRACTUAL MED EXP (Any one person) § 75,000
A X XCU 6076055350 03/31/2019 10/31/2020 pER50NAL8ADVINJURY S ��000,000
GEN'LAGGREGATE LIMITAPPLIES PER GENERALAGGREGATE 5 z�000,000
POLICY �X PR� � LOC PRODUCTS-COMP/OPAGG g 2�000,000
JECT
X OTHER $�,000 Ded per PD Occ S
AUTOMOBILELIABILITY COMBINEDSINGLELIMIT S �,000,000
Ea accident
x ANYAUTO BODILY INJURY (Per person) 5
g OWNED SCHEDULED 6076055364 03/31/2019 10/31 /2020 BODILY INJURY (Per accidenl) S
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE S
AUTOS ONLY AUTOS ONLY Per acddent
S
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE g 3,000,000
C EXCESSLIAB CLAIMS-MADE ZUP-31N12042-20-NF 03/31/2020 10/31/2020 AGGREGATE S 3,000,000
DED X RETENTION 5 �0,000 g
WORKERS COMPENSATION X PER OTH-
AND EMPLOYERS' LIABILITY STATUTE ER
Y � N 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT S
� OFFICER/MEMBER EXCLUDED? � N I A 0010713602 10/31/2019 10/31 /2020
(Mandatory In NH) E L DISEASE - EA EMPLOYEE g��000,000
If yes, describe under 1,000,000
DESCRIPTION OF OPERAT�ONS below E L DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Street Lighting Improvements to serve Palmiila Springs Phase 5, City Proj No. 102450. WC, GL & auto include a blanket automatic waiver of subrogation
endorsement 8 the GL, auto include a blanket automatic additional insured endorsement providing additional insured & waiver of subrogation status to the
certificate holder only when there is a written contract between the named insured & the certificate holder that requires such status. The additional insured
endorsements contains special primary & noriContributory wording. Umbrella follows form.
CERTIFICATE HOLDER
HMH PALMILLA SPRINGS DEVELOPMENT INC
1038 TEXAS TRL
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
GRAPEVINE
TX 76051
O 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
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 particulaz circumstances of the contemplated Project
and the controlling Laws and Regulations.
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly by
�
1-�CEC y ���
����K��,.yt:oo.���.o�rv�,.t,p��:<.c�,.���.,��.. '�� *mi
+•o
����American Society Nat;onal Society of
of Civil Epgineer9 professional Engineers
ProfessTona/ fnpineersin PHvale Pracdce
AMERICAN COUNCIL OF ENGINEERING COMPANIES
ASSOCIATED GENERAL CONTRACTORS OF AMERICA
AMERICAN SOCIETY OF CML ENGINEERS
PROFESSIONAL ENGINEERS IN PRNATE PRACTICE
A Practice Division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
Endorsed by
�
CONSTRUCTION SPECIFICATIONS INSTITUTE
EJCDC C-700 Standard Ceneral Conditions of the Construction Contract
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
These General CondiNons have been prepared for use with the Suggested Forms of Agreement Between
Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions aze interrelated and a
change in one may necessitate a change in the other. Comments conceming their usage aze contained in
the Narrarive Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance
in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary
Conditions (EJCDC C-800, 2007 Edition).
Copyright O 2007 National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
(703)684-2882
www.nspe.org
American Council of Engineering Companies
1015 15th Street N.W., Washington, DC 20005
(202) 347-7474
www.acec.or�
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
(800)548-2723
vvww.asce.or�
Associated General Contractors of America
2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308
(703) 548-3118
www.agc.org
The copyright for this EJCDC document is owned jointly by the four
EJCDC sponsoring organizations and held in trust for their benefit by NSPE.
E.ICDC C-700 Standard General Conditions of the Construction Contract
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1- Definitions and Terminology .......................................................................................................... l
1.01 Defined Terms ............................................................................................................................... l
1.02 Terminology ..................................................................................................................................5
Article2- Preliminary Matters ......................................................................................................................... 6
2.01 Delivery of Bonds and Evidence of Insurance ............................................................................. 6
2.02 Copies of Documents .................................................................................................................... 6
2.03 Commencement of Contract Times; Notice to Proceed .............................................................. 6
2.04 Starting the Work ..........................................................................................................................7
�-A�-�e�€�e,-S��e�s�is�e . .. ...........................................................................
� 96 Pr���e�se; se��c�-e�4t�A�c���ese��t�� .. .................... �
2.07 Initial Acceptance of Schedules ................................................................................................... 7
Article 3- Contract Documents: Intent, Amending, Reuse ............................................................................ 8
3.01 Intent .............................................................................................................................................. 8
zn-�--���€�e�e,-£��� .. ... .................................................................................. �
3.03 Reporting and Resolving Discrepancies ...................................................................................... 8
�-A4����}�e+r��t�e�Ft�ee��� ...................................................�
3.05 Reuse of Documents ...................................................................................................................10
3.06 Electronic Data ............................................................................................................................10
Article 4- Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points ..........................................................................................................10
4.01 Availability of Lands ..................................................................................................................10
4.02 Subsurface and Physical Conditions ..........................................................................................11
4.03 Differing Subsurface or Physical Condirions ............................................................................. l l
4.04 Underground Facilities ...............................................................................................................13
4.05 Reference Points .........................................................................................................................14
4.06 Hazardous Envirorunental Condition at Site ..............................................................................14
Article5- Bonds and Insurance .....................................................................................................................16
��c�a�a�Ee,�a3���er� a , �
........................................................................
5 n�c—�}8E'i�Sf'��FC'�tC+9-f�t2��r� .......................................................................................-i�
�—E�e9-(3� ...........................................................................................
5.04 Contractor's Insurance ................................................................................................................17
5.05 Owner's Liability Insurance .......................................................................................................18
3-AF��e�e�� .. .. . ........................................................................................
5.07 Waiver of Rights ......................................................................................................................... 20
5.08 Receipt and Application of Insurance Proceeds ........................................................................ 21
G 11���+F'�2-tTi—B 6'i��9-�� j +' vrr�6TrQ�i� .. ..... .............................................. n.�
EJCDC C-700 Standard Ceneral Conditions of the Construction Contract
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
PaEei
5.10 Partial Utilization, Acknowledgment of Property Insurer .........................................................21
Article 6- Contractor's Responsibilities ........................................................................................................ 22
g-��S�e��sit���-S�ea�rke�Qe�s . . . . . ................................................................................ z
C�b�e��te�g�-�e�s . . ..................................................................................... z
�-��c��c�s;-A4a�e�s��i� ,,..e � ... . ...........................................................................�
6-94-�eg�e�s�s-Se#e�� . . . .. ........................................................................................... ��
b-�-S�s#�es-� " ���» �,�
C�--�e��g-g�c�;��e��s���� ..e�s;-�� .......................:................................................ � �
�-�—�ti�HH�E'+@9-f��-�r9j'�9
.. . . ..................................................................................... ��
6.08 Permits .........................................................................................................................................27
g-99�—����s-�d F�,,.,� ................................... �
. .. ........................................................
6.10 Taxes ........................................................................................................................................... 28
�-�---�se,-����e�-�t��o„� . .. .. ....................................................................................28
��-A�9e��-Bee � �
nm�r,t .. . ....................... �
b� S�H�-&}3f.�$F9��E�^ .. . .. . ....................................................................................... �n
�-��—�fl��Fc�C+�9L�li��' .. ... .. ............................................................................................ Z n
� �T—�i$F�-�13i�kCi�ci9r^rDri6gcan� ... ......................................................................... � n
6.16 Emergencies ................................................................................................................................ 30
��S#e�i��gs��o��e
.. ... ........................................................................... � n
6.18 Continuing the Work .................................................................................................................. 32
�-lr��e#�s--(' et}���� .. . . ................................................... � �
��A--��e�e�e ....... .............................................................................................................. 3
�-�1-�e�e,ga�e�-e€���ess�e����e�-Se��EQ ... ... ............................................................��
Article7- Other Work at the Site ................................................................................................................... 34
7.01 Related Work at Site ................................................................................................................... 34
7.02 Coordination ................................................................................................................................35
7.03 Legal Reladonships ..................................................................................................................... 35
Article8- Owner's Responsibilities .............................................................................................................. 36
S.O1 Communications to Contractor ...................................................................................................36
8.02 Replacement of Engineer ............................................................................................................ 36
8.03 Furnish Data ................................................................................................................................36
8.04 Pay When Due ............................................................................................................................ 36
8.05 Lands and Easements; Reports and Tests .................................................................................. 36
8.06 Insurance ..................................................................................................................................... 36
8.07 Change Orders .............................................................................................................................36
8.08 Inspections, Tests, and Approvals .............................................................................................. 36
8.09 Limitarions on Owner's Responsibilities ................................................................................... 36
8.10 Undisclosed Hazardous Environmental Condition ....................................................................37
8.11 Evidence of Financial Arrangements ......................................................................................... 37
8.12 Compliance with Safety Program ...............................................................................................37
Article 9- Engineer's Status During Construction ........................................................................................ 37
9.01 Owner's Representative ..............................................................................................................37
9.02 Visits to Site ................................................................................................................................ 37
9.03 Project Representative ................................................................................................................38
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Paee ii
9.04 Authorized Variations in Work .................................................................................................. 38
�-85—�e�}e��er€ee�e-��ie� . . ........................................................................................... � o
9.06 Shop Drawings, Change Orders and Payrnents .........................................................................38
9.07 Deternlinations for Unit Price Work .......................................................................................... 38
9.08 Decisions on Requirements of Contract Documents and Acceptability of Work .................... 39
9.09 Limitations on Engineer's Authority and Responsibilities ........................................................39
9.10 Compliance with Safety Program ...............................................................................................40
Article 10 — Changes in the Work; Claims ..................................................................................................... 40
10.01 Authorized Changes in the Work ............................................................................................... 40
10.02 Unauthorized Changes in the Work ...........................................................................................40
10.03 Execution of Change Orders ....................................................................................................... 40
�e-c�-�r�����e��P�, . . ..................................................................................... a-�
10.05 Claims ..........................................................................................................................................41
Article 11— Cost of the Work; Allowances; Unit Price Work ....................................................................... 42
11.01 Cost of the Work ......................................................................................................................... 42
11.02 Allowances ..................................................................................................................................44
11.03 Unit Price Work .......................................................................................................................... 45
Article 12 — Change of Contract Price; Change of Contract Times ...............................................................46
12.01 Change of Contract Price ............................................................................................................46
12.02 Change of Contract Times ..........................................................................................................47
12.03 Delays ..........................................................................................................................................47
Article 13 — Tests and Inspections; Correction, Removal or Acceptance of Defective Work ......................48
a-�--A���e#e�e�Be€est� . .... ................................................................................... 4S
�3�Fe+ss-�e�Azer'- ... .. ...................................................................................... 4,8
-�-9�'Fes�s--��-�s}�ee� . ... ......................................................................................
'�^�--L���g��te '- .... ............................................................................. 4�9
13.05 Owner May Stop the Work ......................................................................................................... 49
�-�i--�FEI�EHP��FrPiii�9�ccr9�C�PC�i'�rc �.xi�-6 �' .. ..... ................................................................ cn
��E'�}EI�Ft�'� cn
�-3�2��iR�6�-Ber€C�i�i�'e,.1.��..• .............................................................................................. c,
"���r�A4�}-Fe�ee�Be�Pe��c�-:;'� �,
Article 14 — Payments to Contractor and Complerion .................................................................................... 52
14.01 Schedule of Values .....................................................................................................................52
14.02 Progress Payments ...................................................................................................................... 52
�-�1-A�--���c��A�e��
. . . ....................................................................................... 3
14.04 Substantial Completion ...............................................................................................................55
„�n nc n.,,.�;..i r r�;l; „�:,, .... ................................................................................................ SJ
-�4-A6� 2�t�6 . .. ..................................................................................................
14.07 Final Payment ............................................................................................................................. 56
14.08 Final Completion Delayed .......................................................................................................... 57
14.09 Waiver of Claims ........................................................................................................................ 58
E.TCDC C-700 Standard General Conditions of the Construction Contract
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Paee iii
Article 15 — Suspension of Work and Termination ........................................................................................58
15.01 Owner May Suspend Work ........................................................................................................ 58
15.02 Owner May Terminate for Cause ............................................................................................... 58
15.03 Owner May Tenninate For Convenience ................................................................................... 59
15.04 Contractor May Stop Work or Terminate .................................................................................. 60
Article16 — Dispute Resolution ...................................................................................................................... 60
16.01 Methods and Procedures .............................................................................................................60
Article17 — Miscellaneous .............................................................................................................................. 61
1 '7 nr�-crr vi;�li3g-A�AliE'a
.... ................................................................................... �
����ii�}k�Aii-E±� " . . .................................................................................... � 1
���r`v�E'l�cAH�Pr�i@9 ... . ....................................................................................... � �
�-E14 5���-e��ig�nA � ... ........................................................................................... �
17.05 Controlling Law .......................................................................................................................... 61
�6-�e+��� ... . .................................................................................. �
EJCDC C-700 Standard Ceneral Conditions of the Construction Contract
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Paee iv
ARTICLE 1— DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial
capital letters, the terms listed below will have the meanings indicated which are applicable to
both the singular and plural thereof. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and pazagraphs,
and the titles of other documents or forms.
1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement—The written instnunent which is evidence of the agreement between Owner and
Contractor covering the Work.
3. Application for Payment—The form acceptable to Engineer which is to be used by
Contractor during the course of the Work in requesting progress or final payments and which
is to be accompanied by such supporting documentation as is required by the Contract
Documents.
4. Asbestos—Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
6. Bidder—The individual or entity who submits a Bid directly to Owner.
7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid
security of acceptable form, if any, and the Bid Form with any supplements.
9. Change Order—A document recommended by Engineer which is signed by Contractor and
Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the
Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.
10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract
Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A
demand for money or services by a third party is not a Claim.
• , �
n o-r�,,, o.,f., ..t, eN� o r: �.o., „ i
»b............�.>> :.iav .
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright � 20117 Nationsl Society of Professional Engineers for EJCDC. All rights reserved.
Pa¢e 1 of 63
a�nfn 7'ti.i. o.4ew... .�ic� n�ea 4�e I� .... L /i � 4.� L ..1
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13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the Agreement (subject to the
provisions of Paragraph 11.03 in the case of Unit Price Work).
14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve
Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it
is ready for final payment as evidenced by Engineer's written recommendation of final
payment.
15. Contractor—The individual or entity with whom Owner has entered into the Agreement.
16. Cost of the Work—See Paragraph 11.01 for definition.
17. Drawings—That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.
18. Ef�`'ective Date of the Agreement—The date indicated in the Agreement on which it becomes
effecrive, but if no such date is indicated, it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
20. Field Order—A written order issued by Engineer which requires minor changes in the Work
but which does not involve a change in the Contract Price or the Contract Times.
22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs,
Petroleum, Hazardous Waste, or Radioactive Material in such quantiries or circumstances
that may present a substantial danger to persons or property exposed thereto.
23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section
1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.
24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules,
regulations, ordinances, codes, and orders of any and all governmental bodies, agencies,
authorities, and courts having jurisdicrion.
25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
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27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein,
Owner will sign and deliver the Agreement.
28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which
the Contract Times will commence to run and on which Contractor shall start to perform the
Work under the Contract Documents.
29. Owner—The individual or entity with whom Contractor has entered into the Agreement and
for whom the Work is to be performed.
30. PCBs—Polychlorinated biphenyls.
31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square
inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and
oil mixed with other non-Hazardous Waste and crude oils.
32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the
sequence and duration of the activities comprising the Contractor's plan to accomplish the
Work within the Contract Times.
33. Project—The total construction of which the Work to be performed under the Contract
Documents may be the whole, or a part.
34. Project Manual—The bound documentary information prepared for bidding and constructing
the Work. A listing of the contents of the Project Manual, which may be bound in one or
more volumes, is contained in the table(s) of contents.
35. Radioactive Material—Source, special nucleaz, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
36. Resident Project Representativ�—The authorized representative of Engineer who may be
assigned to the Site or any part thereof.
37. Samples—Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to support scheduled performance of related
construction activities.
39. Schedule of Yalues—A schedule, prepared and maintained by Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor's Applications for Payment.
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40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or
information which aze specifically prepared or assembled by or for Contractor and submitted
by Contractor to illustrate some portion of the Work.
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43. Subcontractor—An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
44. Substantial Completion—The time at which the Work (or a specified part thereo fl has
progressed to the point where, in the opinion of Engineer, the Work (or a specified part
thereo fl is sufficiently complete, in accordance with the Contract Documents, so that the
Work (or a specified part thereo fl can be utilized for the purposes for which it is intended.
The terms "substantially complete" and "substantially completed" as applied to a11 or part of
the Work refer to Substantial Completion thereof.
45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an
award.
46. Supplementary Conditions—That part of the Contract Documents which amends or
supplements these General Conditions.
47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a
direct contract with Contractor or with any Subcontractor to furnish materials or equipment
to be incorporated in the Work by Contractor or Subcontractor.
48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements
containing such facilities, including those that convey electricity, gases, steam, liquid
petroleum products, telephone or other communications, cable television, water, wastewater,
storm water, other liquids or chemicals, or traffic or other control systems.
49. Unit Price Work—Work to be paid for on the basis of unit prices.
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51. Work Change Directive—A written statement to Contractor issued on or after the Effective
Date of the Agreement and signed by Owner and recommended by Engineer ordering an
EJCDC C-700 Standard General Conditions of the Construction Contract
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addition, deletion, or revision in the Work, or responding to difFering or unforeseen
subsurface or physical conditions under which the Work is to be performed or to
emergencies. A Work Change Directive will not change the Contract Price or the Contract
Times but is evidence that the parties expect that the change ordered or documented by a
Work Change Directive will be incorporated in a subsequently issued Change Order
following negotiations by the parties as to its effect, if any, on the Contract Price or Contract
Times.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Intent of Certain Terms or Adjectives:
1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of professional judgment
by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper,"
"satisfactory," or adjectives of like effect or import are used to describe an action or
deternunation of Engineer as to the Work. It is intended that such exercise of professional
judgment, acrion, or deternunation will be solely to evaluate, in general, the Work for
compliance with the information in the Contract Documents and with the design concept of
the Project as a functioning whole as shown or indicated in the Contract Documents (unless
there is a specific statement indicating otherwise). The use of any such term or adjective is
not intended to and shall not be effective to assign to Engineer any duty or authority to
supervise or direct the performance of the Work, or any duty or authority to undertake
responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the
Contract Documents.
C. Day:
1. The word "day" means a calendaz day of 24 hours measured from midnight to the next
midnight.
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Page 5 of 63
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technical or construction industry or trade meaning
accordance with such recognized meaning.
words or phrases that have a well-known
are used in the Contract Documents in
ARTICLE 2 — PRELIMINARY MATTERS
2.01
2.02
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Delivery of Bonds and Evidence of Insurance
A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor
sha11 also deliver to Owner such bonds as Contractor may be required to furnish.
B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each
deliver to the other, with copies to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence of insurance which either of them or
any additional insured may reasonably request) which Contractor and Owner respectively aze
required to purchase and maintain in accordance with Article 5.
Copies of Documents
A. Owner shall furnish to Contractor up to three printed or hard copies of the Drawings and Project
Manual. Additional copies will be furnished upon request at the cost of reproduction.
Commencement of Contract Times; Notice to Proceed
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2.04 Starting the Work
A. Contractor shall start to perform the Work on the date when the Contract Times commence to
run. No Work shall be done at the Site prior to the date on which the Contract Times commence
to run.
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2.07 Initial Acceptance of Schedules
A. At least 10 days before submission of the first Application for Payment a conference attended by
Contractor, Engineer, and others as appropriate will be held to review for acceptability to
Engineer as provided below the schedules submitted in accordance with Paragraph 2.OS.A.
Contractor shall have an additional 10 days to make corrections and adjustments and to complete
and resubmit the schedules. No progress payment shall be made to Contractor until acceptable
schedules are submitted to Engineer.
1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of
the Work to completion within the Contract Times. Such acceptance will not impose on
Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of
EJCDC C-700 Standard Ceneral Conditions of the Construction Contract
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the Work, nor interfere with or relieve Contractor from Contractor's full responsibility
therefor.
2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable
arrangement for reviewing and processing the required submittals.
3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it
provides a reasonable allocation of the Contract Price to component parts of the Work.
ARTICLE 3— CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required
by a11.
B. It is the intent of the Contract Documents to describe a functionally complete project (or part
thereo fl to be constructed in accordance with the Contract Documents. Any labor,
documentation, services, materials, or equipment that reasonably may be inferred from the
Contract Documents or from prevailing custom or trade usage as being required to produce the
indicated result will be provided whether or not specifically called for, at no additional cost to
Owner. No reports or drawings related to Hazardous Environmental Conditions at the Site are
known to Owner.
C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as
provided in Article 9.
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3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
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1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each
part of the Work, Contractor shall carefully study and compare the Contract Documents and
check and verify pertinent figures therein and all applicable field measurements. Contractor
shall promptly report in writing to Engineer �any conflict, error, ambiguity, or discrepancy
which Contractor discovers, or has actual knowledge of, and shall obtain a written
interpretation or clarification from Engineer before proceeding with any Work affected
thereby.
2. Contractor's Review of Contract Documents During Performance of Work: If, during the
performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
within the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation ,(b) any standard, specification, manual, or code, or (c) any instruction of
any Supplier, then Contractor shall promptly report it to Engi.neer in writing. Contractor shall
not proceed with the Work affected thereby (except in an emergency as required by
Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been
issued by one of the methods indicated in Paragraph 3.04.
3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error,
ambiguity, or discrepancy in the Contract Documents unless Contractor had actual
knowledge thereof.
B. Resolving Discrepancies:
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and:
a. the provisions of any standard, specificarion, manual, or code, or the instruction of any
Supplier (whether or not specifically incorporated by reference in the Contract
Documents); or
b. the provisions of any Laws or Regulations applicable to the performance of the Work
(unless such an interpretation of the provisions of the Contract Documents would result
in violarion of such Law or Regulation).
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E.1CDC C-700 Standard General Conditions of the Construction Contract
Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Paae 9 of 63
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3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier sha11 not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereo fl prepazed by or bearing the seal of Engineer or its
consultants, including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of Owner and Engineer and specific
written verification or adaptation by Engineer.
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or
Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are
limited to the printed copies (also known as hard copies). Files in electronic media format of
text, data, graphics, or other types are furnished only for the convenience of the receiving party.
Any conclusion or information obtained or derived from such electronic files will be at the user's
sole risk. If there is a discrepancy between the electronic files and the hard copies, the hazd
copies govern.
B. Because data stored in electronic media format can deteriorate or be modified inadvertently or
otherwise without authorization of the data's creator, the party receiving electronic files agrees
that it will perform acceptance tests or procedures within 60 days, after which the receiving party
shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-
day acceptance period will be corrected by the transferring party.
C. When transferring documents in electronic media format, the transferring party makes no
representations as to long teim compatibility, usability, or readability of documents resulting
from the use of soflwaze application packages, operating systems, or computer hazdware
differing from those used by the data's creator.
ARTICLE 4— AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions
not of general application but specifically related to use of the Site with which Contractor must
comply in performing the Work. Owner will obtain in a timely manner and pay for easements
for permanent structures or permanent changes in exisring facilities. If Contractor and Owner are
unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the
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Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site
or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05.
B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of
record legal title and legal description of the lands upon which the Work is to be performed and
Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction
lien against such lands in accordance with applicable Laws and Regulations.
C. Contractor shall provide for all additional lands and access thereto that may be required for
temporary construcrion facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to Owner of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2. those drawings known to Owner of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of their officers, directors, members,
parkners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor, and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions, or information.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsurFace or physical condition that is uncovered or
revealed either:
1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to
rely as provided in Pazagraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the Contract Documents; or
3. difFers materially from that shown or indicated in the Contract Documents; or
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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 sha11, promptly after becoming aware thereof and before fi.uther disturbing the
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such
condition. Contractor shall not further disturb such condition or perform any Work in connection
therewith (except as aforesaid) until receipt of written order to do so.
B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer
will promptly review the pertinent condition, determine the necessity of Owner's obtaining
additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to
Contractor) of Engineer's findings and conclusions.
C. Possible Price and Times Adjustments:
The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent
that the existence of such differing subsurface or physical condition causes an increase or
decrease in Contractor's cost of, or time required for, performance of the Work; subject,
however, to the following:
a. such condition must meet any one or more of the categories described in Paragraph
4.03.A; and
b. with respect to Work that is paid for on a unit price basis, any adjushnent in Contract
Price will be subject to the provisions of Paragraphs 9.07 and 11.03.
2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if:
a. Contractor knew of the existence of such conditions at the time Contractor made a final
commitment to Owner with respect to Contract Price and Contract Times by the
submission of a Bid or becoming bound under a negotiated contract; or
b. the existence of such condition could reasonably have been discovered or revealed as a
result of any examination, investigation, exploration, test, or study of the Site and
contiguous azeas required by the Bidding Requirements or Contract Documents to be
conducted by or for Contractor prior to Contractor's making such final commitment; or
c. Contractor failed to give the written notice as required by Paragraph 4.03.A.
3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if
any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be
made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any
of their officers, directors, members, partners, employees, agents, consultants, or
subcontractors shall be liable to Contractor for any claims, costs, losses, or damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
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4.04 Underground Facilities
A. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Site is based on
information and data furnished to Owner or Engineer by the owners of such Underground
Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others; and
2. the cost of all of the following will be included in the Contract Price, and Contractor shall
have full responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination of the Work with the owners of such Underground Facilities, including
Owner, during construction; and
d. the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated:
If an Underground Facility is uncovered or revealed at or contiguous to the Site which was
not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract
Documents, Contractor shall, promptly after becoming aware thereof and before further
disturbing conditions affected thereby or performing any Work in connection therewith
(except in an emergency as required by Paragraph 6.16.A), idenrify the owner of such
Underground Facility and give written notice to that owner and to Owner and Engineer.
Engineer will promptly review the Underground Facility and determine the extent, if any, to
which a change is required in the Contract Documents to reflect and document the
consequences of the existence or location of the Underground Facility. During such time,
Contractor shall be responsible for the safety and protection of such Underground Facility.
2. If Engineer concludes that a change in the Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and document such consequences. An
equitable adjustrnent shall be made in the Contract Price or Contract Times, or both, to the
extent that they are attributable to the existence or location of any Underground Facility that
was not shown or indicated or not shown or indicated with reasonable accuracy in the
Contract Documents and that Contractor did not know of and could not reasonably have
been expected to be aware of or to have anticipated. If Owner and Contractor are unable to
agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract
Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in
Pazagraph 10.05.
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4.05 Reference Points
A. Owner shall provide engineering surveys to establish reference points for construction which in
Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor
shall be responsible for laying out the Work, shall protect and preserve the established reference
points and property monuments, and shall make no changes or relocations without the prior
written approval of Owner. Contractor shall report to Engineer whenever any reference point or
property monument is lost or destroyed or requires relocarion because of necessary changes in
grades or locations, and shall be responsible for the accurate replacement or relocation of such
reference points or property monuments by professionally qualified personnel.
4.06 Hazardous Environmental Condition at Site
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C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. Contractor shall be responsible
for a Hazardous Environmental Condition created with any materials brought to the Site by
Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall
immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby (except in an emergency as required by
Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such
notice in writing). Owner shall promptly consult with Engineer concerning the necessity for
Owner to retain a qualified expert to evaluate such condition or take corrective action, if any.
Promptly after consulting with Engineer, Owner shall take such actions as are necessary to
EJCDC C-700 Standard General Conditions of the Construcdon Contract
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Paee14 of 63
permit Owner to timely obtain required permits and provide Contractor the written notice
required by Paragraph 4.06.E.
E. Contractor shall not be required to resume Work in connection with such condition or in any
affected area until after Owner has obtained any required permits related thereto and delivered
written notice to Contractor: (i) specifying that such condition and any affected area is or has
been rendered safe for the resumption of Work; or (ii) specifying any special conditions under
which such Work may be resumed safely. If Owner and Contractor cannot agree as to
entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract
Times, or both, as a result of such Work stoppage or such special conditions under which Work
is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in
Paragraph 10.05.
F. If after receipt of such written norice Contractor does not agree to resume such Work based on a
reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then Owner may order the portion of the Work that is in the area affected by such
condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement
to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a
result of deleting such portion of the Work, then either party may make a Claim therefor as
provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by
Owner's own forces or others in accordance with Article 7.
G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members,
partners, employees, agents, consultants, and subcontractors of each and any of them from and
against a11 claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, azchitects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition,
provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the
Drawings or Specificarions or identified in the Contract Documents to be included within the
scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is
responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual
or entity from and against the consequences of that individual's or entity's own negligence.
H. To the fullest extent pernutted 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 a11 claims, costs,
losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or arbitration or other dispute resolution costs)
arising out of or relating to a Hazardous Environmental Condition created by Contractor or by
anyone for whom Contractor is responsible. Nothing in this Pazagraph 4.06.H shall obligate
Contractor to indemnify any individual or entity from and against the consequences of that
individual's or entity's own negligence.
I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
E.ICDC C-700 Standard General Conditions of the Construction Contrect
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Paae 15 of 63
ARTICLE 5- BONDS AND INSURANCE
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Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Pa¢e 16 of 63
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5.04 Contractor's Insurance
A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being
performed and as will provide protection from claims set forth below which may arise out of or
result from Contractor's performance of the Work and Contractor's other obligations under the
Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier,
or by anyone directly or indirectly employed by any of them to perform any of the Work, or by
anyone for whose acts any of them may be liable:
1. claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees;
3. claims for damages because of bodily injury, sickness or disease, or death of any person
other than Contractor's employees;
4. claims for damages insured by reasonably available personal injury liability coverage which
are sustained:
a. by any person as a result of an offense directly or indirectly related to the employment of
such person by Contractor, or
b. by any other person for any other reason;
5. claims for damages, other than to the Work itself, because of injury to or destruction of
tangible property wherever located, including loss of use resulting therefrom; and
6. claims for damages because of bodily injury or death of any person or property damage
arising out of the ownership, maintenance or use of any motor vehicle.
B. The policies of insurance required by this Paragraph 5.04 shall:
1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be
written on an occurrence basis, include as additional insureds (subject to any customary
exclusion regarding professional liability) Owner and Engineer, and any other individuals or
entities identified in the Supplementary Conditions, all of whom shall be listed as additional
insureds, and include coverage for the respective officers, directors, members, partners,
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Paee 17 of 63
employees, agents, consultants, and subcontractors of each and any of all such additional
insureds, and the insurance afforded to these additional insureds shall provide primary
coverage for all claims covered thereby;
2. include at least the specific coverages and be written for not less than the limits of liability
provided in the Supplementary Conditions or required by Laws or Regulations, whichever is
greater;
3. include contractual liability insurance covering Contractor's indemnity obligations under
Paragraphs 6.11 and 6.20;
4. contain a provision or endorsement that the coverage afforded will not be canceled,
materially changed or renewal refused until at least 30 days prior written notice has been
given to Owner and Contractor and to each other additional insured identified in the
Supplementary Conditions to whom a certificate of insurance has been issued (and the
certificates of insurance furnished by the Contractor pursuant to Pazagraph 5.03 will so
provide);
5. remain in effect at least until final payment and at all times thereafter when Contractor may
be correcting, removing, or replacing defective Work in accordance with Pazagraph 13.07;
and
6. include completed operations coverage:
a. Such insurance sha11 remain in effect for two years after final payment.
b. Contractor shall furnish Owner and each other additional insured identified in the
Supplementary Conditions, to whom a certificate of insurance has been issued, evidence
satisfactory to Owner and any such additional insured of continuation of such insurance
at final payment and one yeaz thereafter. Contractor Shall include the Engineer and their
designee as additional insured.
5.05 Owner's Liability Insurance
A. In addition to the insurance required to be provided by Contractor under Pazagraph 5.04, Owner,
at Owner's option, may purchase and maintain at Owner's expense Owner's own liability
insurance as will protect Owner against claims which may arise from operations under the
Contract Documents.
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EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Pa¢e 18 of 63
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EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright � 20117 National Society of Professional Engineers for EJCDC. All rights reserved.
Paee 19 of 63
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5.07 Waiver of Rights
A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will
protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities
identified in the Supplementary Conditions as loss payees (and the officers, directors, members,
partners, employees, agents, consultants, and subcontractors of each and any of them) in such
policies and will provide primary coverage for all losses and damages caused by the perils or
causes of loss covered thereby. All such policies shall contain provisions to the effect that in the
event of payment of any loss or damage the insurers will have no rights of recovery against any
of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each
other and their respective officers, directors, members, partners, employees, agents, consultants
and subcontractors of each and any of them for all losses and damages caused by, arising out of
or resulting from any of the perils or causes of loss covered by such policies and any other
property insurance applicable to the Work; and, in addition, waive all such rights against
Subcontractors and Engineer, and all other individuals or entities idenrified in the Supplementary
Conditions as loss payees (and the officers, directors, members, partners, employees, agents,
consultants, and subcontractors of each and any of them) under such policies for losses and
damages so caused. None of the above waivers shall extend to the rights that any party making
such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise
payable under any policy so issued.
B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers,
directors, members, partners, employees, agents, consultants and subcontractors of each and any
of them for:
1. loss due to business interruprion, loss of use, or other consequential loss extending beyond
direct physical loss or damage to Owner's property or the Work caused by, arising out of, or
resulting from fire or other perils whether or not insured by Owner; and
2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting
from fire or other insured peril or cause of loss covered by any property insurance
maintained on the completed Project or part thereof by Owner during partial utilization
pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or
after final payment pursuant to Paragraph 14.07.
C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss
referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment
of any such loss, damage, or consequential loss, the insurers will have no rights of recovery
against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners,
employees, agents, consultants and subcontractors of each and any of them.
E.ICDC C-700 Standard General Conditions of the Construction Contract
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 20 of 63
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted
with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may
appear, subject to the requirements of any applicable mortgage clause and of Pazagraph 5.08.B.
Owner shall deposit in a sepazate account any money so received and sha11 distribute it in
accordance with such agreement as the parties in interest may reach. If no other special
agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received
applied on account thereof, and the Work and the cost thereof covered by an appropriate Change
Order.
B. Owner as fiduciary sha11 have power to adjust and settle any loss with the insurers unless one of
the parties in interest shall object in writing within 15 days after the occurrence of loss to
Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make
settlement with the insurers in accordance with such agreement as the parties in interest may
reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall
adjust and settle the loss with the insurers and, if required in writing by any party in interest,
Owner as fiduciary shall give bond for the proper performance of such duties.
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5.10 Partial Utilization, Acknowledgment of Property Insurer
A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to
Substantial Completion of all the Work as provided in Pazagraph 14.05, no such use or
occupancy shall commence before the insurers providing the property insurance pursuant to
Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in
coverage necessitated thereby. The insurers providing the properiy insurance shall consent by
endorsement on the policy or policies, but the property insurance shall not be canceled or
permitted to lapse on account of any such partial use or occupancy.
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Paee 21 of 63
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
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E.ICDC C-700 Standard General Conditions of the Construction Contract
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Page 22 of 63
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Paee 23 of 63
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Paee 24 of 63
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Pa�e 25 of 63
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EJCDC C-700 Standard Ceneral Conditions of the Construction Contract
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Pa�e 26 of 63
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6.08 Permits
A. Unless otherwise provided in the Supplementary Conditions, Contractor sha11 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 prosecurion of the Work which are applicable at the time of
opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall
pay all charges of utility owners for connections for providing permanent service to the Work.
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EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Pa�e 27 of 63
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6.10 Taxes
A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by
Contractor in accordance with the Laws and Regulations of the place of the Project which are
applicable during the performance of the Work.
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EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 28 of 63
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Pa�e 29 of 63
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6.16 Emergencies
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.
Contractor shall give Engineer prompt written notice if Contractor believes that any significant
changes in the Work or variations from the Contract Documents have been caused thereby or aze
required as a result thereof. If Engineer deternunes that a change in the Contract Documents is
required because of the action taken by Contractor in response to such an emergency, a Work
Change Directive or Change Order will be issued.
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E,1CDC C-700 Standard Ceneral Conditions of the Constroction Contract
Copyright 0 20(17 National Society of Professional En�neers for EJCDC. All rights reserved.
Pa�e 30 of 63
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EJCDC C-700 Standard General Conditions of the Constroction ContraM
Copyright � 20117 National Society of Professional Engineers for EJCDC. All rights reserved.
Paee 31 of 63
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6.18 Continuing the Work
A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or
disagreements with Owner. No Work sha11 be delayed or postponed pending resolution of any
disputes or disagreements, except as pernutted by Paragraph 15.04 or as Owner and Contractor
may otherwise agree in writing.
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EJCDC C-700 Standard Ceneral Conditions of the ConstrucNon ContraM
Copyright � 2007 National Society of Professional Engineers for E.ICDC. All rights reserved.
Paee 3l of 63
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EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright � 2007 National Society of Professional En�neers for EJCDC. All rights reserved.
Paee 33 of 63
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ARTICLE 7— OTIiER WORK AT THE SITE
7.01 Related Work at Site
A. Owner may perform other work related to the Project at the Site with Owner's employees, or
through other direct contracts therefor, or have other work performed by utility owners. If such
other work is not noted in the Contract Documents, then:
1. written notice thereof will be given to Contractor prior to starting any such other work; and
2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if
any, of any adjustment in the Contract Price or Contract Times that should be allowed as a
result of such other work, a Claim may be made therefor as provided in Paragraph 10.05.
B. Contractor shall afford each other contractor who is a party to such a direct contract, each urility
owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe
EJCDC C-700 Standard General CondiNons of the Construction Contract
Copyright � 2007 Nallonal Society of Professional Engineers for EJCDC. All rights reserved.
Paee 34 of 63
access to the Site, provide a reasonable opportunity for the introduction and storage of materials
and equipment and the execution of such other work, and properly coordinate the Work with
theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to
properly connect or otherwise make its several parts come together and properly integrate with
such other work. Contractor shall not endanger any work of others by cutting, excavating, or
otherwise altering such work; provided, however, that Contractor may cut or alter others' work
with the written consent of Engineer and the others whose work will be affected. The duties and
responsibilities of Contractor under this Pazagraph aze for the benefit of such utility owners and
other contractors to the extent that there are compazable provisions for the benefit of Contractor
in said direct contracts between Owner and such utility owners and other contractors.
C. If the proper execution or results of any part of Contractor's Work depends upon work
performed by others under this Article 7, Contractor shall inspect such other work and promptly
report to Engineer in writing any delays, defects, or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's
failure to so report will constitute an acceptance of such other work as fit and proper for
integration with Contractor's Work except for latent defects and deficiencies in such other work.
7.02 Coordination
A. If Owner intends to contract with others for the performance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority
and responsibility for such coordination.
7.03 Legal Relationships
A. Paragraphs 7.O1.A and 7.02 are not applicable for utilities not under the control of Owner.
B. Each other direct contract of Owner under Paragraph 7.O1.A shall provide that the other
contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs
incurred by Contractor as a result of the other contractor's wrongful actions or inactions.
C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for
the reasonable direct delay and disruption costs incurred by such other contractor as a result of
Contxactor's wrongful action or inactions.
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ARTICLE 8 — OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General Conditions, Owner shall issue all
communications to Contractor through Engineer.
8.02 Replacement of Engineer
A. In case of ternunarion of the employment of Engineer, Owner shall appoint an engineer to whom
Contractor makes no reasonable objection, whose status under the Contract Documents shall be
that of the former Engineer.
8.03 Furnish Data
A. Owner shall promptly furnish the data required of Owner under the Contract Documents.
8.04 Pay When Due
A. Owner sha11 make payments to Contractor when they are due as provided in Paragraphs 14.02.0
and 14.07.C.
8.05 Lands and Easements; Reports and Tests
A. Owner's duties with respect to providing lands and easements and providing engineering surveys
to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to
Owner's identifying and making available to Contractor copies of reports of explorarions and
tests of subsurface conditions and drawings of physical conditions relating to existing surface or
subsurface structures at the Site.
8.06 Insurance
A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and
property insurance are set forth in Article 5.
8.07 Change Orders
A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in
Paragraph 13.03.B.
8.09 Limitations on Owner's Responsibilities
A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
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and Regulations applicable to the performance of the Work. Owner will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
8.10 Undisclosed Hazardous Environmental Condition
A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set
forth in Paragraph 4.06.
8.11 Evidence ofFinancial Arrangements
A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial
arrangements have been made to satisfy Owner's obligations under the Contract Documents.
8.12 Compliance with Safety Program
A. While at the Site, Owner's employees and representatives sha11 comply with the specific
applicable requirements of Contractor's safety programs of which Owner has been informed
pursuant to Paragraph 6.13.D.
ARTICLE 9— ENGINEER'S STATUS DURING CONSTRUCTION
9.01 Owner's Representative
A. Engineer will be Owner's representative during the construction period. The duties and
responsibilities and the limitations of authority of Engineer as Owner's representa.tive during
construction are set forth in the Contract Documents.
9.02 Visits to Site
A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction
as Engineer deems necessary in order to observe as an experienced and qualified design
professional the progress that has been made and the quality of the various aspects of
Conixactor's executed Work. Based on information obtained during such visits and observations,
Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in
accordance with the Contract Documents. Engineer will not be required to make exhaustive or
continuous inspections on the Site to check the quality or quantity of the Work. Engineer's
efforts will be directed toward providing for Owner a greater degree of confidence that the
completed Work will conform generally to the Contract Documents. On the basis of such visits
and observations, Engineer will keep Owner informed of the progress of the Work and will
endeavor to guard Owner against defective Work.
B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and
responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a
result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise,
direct, control, or have authority over or be responsible for Contractor's means, methods,
techniques, sequences, or procedures of construction, or the safety precautions and programs
incident thereto, or for any failure of Contractor to comply with Laws and Regulations
applicable to the performance of the Work.
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9.03 Project Representative
A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist
Engineer in providing more extensive observation of the Work. The authority and
responsibilities of any such Resident Project Representative and assistants will be as provided in
the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided
in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the
Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and
limitations thereon of such other individual or entity will be as provided in the Supplementary
Conditions.
9.04 Authorized Yariations in Work
A. Engineer may authorize minor variations in the Work from the requirements of the Contract
Documents which do not involve an adjustment in the Contract Price or the Contract Times and
are comparible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on Owner and also on Contractor, who shall perform the Work involved promptly. If
Owner or Contractor believes that a Field Order justifies an adjustrnent in the Contract Price or
Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or
extent, if any, of any such adjustment, a Claim may be made therefor as provided in
Paragraph 10.05.
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9.06 Shop Drawings, Change Orders and Payments
A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and
Samples, see Paragraph 6.17.
B. In connection with Engineer's authority, and limitations thereof, as to design calculations and
design drawings submitted in response to a delegation of professional design services, if any, see
Pazagraph 6.21.
C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12.
D. In connection with Engineer's authority as to Applications for Payment, see Article 14.
9.07 Determinations for Unit Price Work
A. Engineer will determine the actual quantities and classifications of Unit Price Work performed
by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations
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on such matters before rendering a written decision thereon (by recommendation of an
Application for Payment or otherwise). Engineer's written decision thereon will be final and
binding (except as modified by Engineer to reflect changed factual conditions or more accurate
data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05.
9.08 Decisions on Requirements of Contract Documents and Acceptability of Work
A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge
of the acceptability of the Work thereunder. All matters in question and other matters between
Owner and Contractor arising prior to the date final payment is due relating to the acceptability
of the Work, and the interpretation of the requirements of the Contract Documents pertaining to
the performance of the Work, will be referred initially to Engineer in writing within 30 days of
the event giving rise to the question.
B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If
Owner or Contractor believes that any such decision entitles them to an adjustment in the
Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The
date of Engineer's decision shall be the date of the event giving rise to the issues referenced for
the purposes of Pazagraph l 0.O5.B.
C. Engineer's written decision on the issue referred will be fmal and binding on Owner and
Contractor, subject to the provisions of Paragraph 10.05.
D. When functioning as interpreter and judge under this Pazagraph 9.08, Engineer will not show
partiality to Owner or Contractor and will not be liable in connection with any interpretarion or
decision rendered in good faith in such capacity.
9.09 Limitations on Engineer's Authority and Responsibilities
A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision
of the Contract Documents nor any decision made by Engineer in good faith either to exercise or
not exercise such authority or responsibility or the undertaking, exercise, or performance of any
authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract,
tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other
individual or entity, or to any surety for or employee or agent of any of them.
B. Engineer will not supervise, direct, control, or have authority over or be responsible for
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. Engineer will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor,
any Supplier, or of any other individual or entity performing any of the Work.
D. Engineer's review of the final Application for Payment and accompanying documentation and
all maintenance and operating instrucrions, schedules, guarantees, bonds, certificates of
inspection, tests and approvals, and other documentation required to be delivered by Paragraph
14.07.A will only be to determine generally that their content complies with the requirements of,
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and in the case of certificates of inspections, tests, and approvals that the results certified indicate
compliance with, the Contract Documents.
E. The limitations upon authority and responsibility set forth in tlus Paragraph 9.09 shall also apply
to the Resident Project Representative, if any, and assistants, if any.
9.10 Compliance with Safety Program
A. While at the Site, Engineer's employees and representatives shall comply with the specific
applicable requirements of Contractor's safety programs of which Engineer has been informed
pursuant to Paragraph 6.13.D.
ARTICLE 10 — CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or
from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a
Work Change Direcrive. Upon receipt of any such document, Contractor shall promptly proceed
with the Work involved which will be performed under the applicable conditions of the Contract
Documents (except as otherwise specifically provided).
B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any,
of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a
result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph
10.05.
10.02 Unauthorized Changes in the Work
A. Contractor sha11 not be entitled to an increase in the Contract Price or an extension of the
Contract Times with respect to any work performed that is not required by the Contract
Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the
case of an emergency as provided in Pazagraph 6.16 or in the case of uncovering Work as
provided in Paragraph 13.04.D.
10.03 Execution of Change Orders
A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer
covenng:
1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.O1.A, (ii)
required because of acceptance of defective Work under Paragraph 13.08.A or Owner's
correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;
2. changes in the Contract Price or Contract Times which are agreed to by the parties, including
any undisputed sum or amount of time for Work actually performed in accordance with a
Work Change Directive; and
3. changes in the Contract Price or Contract Times which embody the substance of any written
decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of
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executing any such Change Order, an appeal may be taken from any such decision in
accordance with the provisions of the Contract Documents and applicable Laws and
Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to
the Progress Schedule as provided in Paragraph 6.18.A.
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A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09,
shall be referred to the Engineer for decision. A decision by Engineer sha11 be required as a
condition precedent to any exercise by Owner or Contractor of any rights or remedies either may
otherwise have under the Contract Documents or by Laws and Regulations in respect of such
Claims.
B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant
to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after
the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with
the parly making the Claim. Notice of the amount or extent of the Claim, with supporting data
shall be delivered to the Engineer and the other party to the Contract within 60 days after the
start of such event (unless Engineer allows additional time for claimant to submit additional or
more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall
be prepazed in accordance with the provisions of Paragraph 12.O1.B. A Claim for an adjustment
in Contract Times shall be prepared in accordance with the provisions of Pazagraph 12.02.B.
Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is
the entire adjustment to which the claimant believes it is entitled as a result of said event. The
opposing party sha11 submit any response to Engineer and the claimant within 30 days after
receipt of the claimant's last submittal (unless Engineer allows additional time).
C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last
submittal of the claimant or the last submittal of the opposing party, if any, take one of the
following actions in writing:
1. deny the Claim in whole or in part;
2. approve the Claim; or
3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole
discretion, it would be inappropriate for the Engineer to do so. For purposes of further
resolution of the Claim, such notice shall be deemed a denial.
D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall
be deemed denied.
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E. Engineer's written action under Paragraph 10.O5.0 or denial pursuant to Paragraphs 10.O5.C.3 or
10.O5.D will be final and binding upon Owner and Contractor, unless Owner or Contractor
invoke the dispute resolution �procedure set forth in Article 16 within 30 days of such acrion or
denial.
F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in
accordance with this Paragraph 10.05.
ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in
Paragraph 11.O1.B, necessarily incurred and paid by Contractor in the proper performance of the
Work. When the value of any Work covered by a Change Order or when a Claim for an
adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be
reimbursed to Contractor will be only those additional or incremental costs required because of
the change in the Work or because of the event giving rise to the Claim. Except as otherwise
may be agreed to in writing by Owner, such costs sha11 be in amounts no higher than those
prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph
11.O1.B, and shall include only the following items:
Payroll costs for employees in the direct employ of Contractor in the performance of the
Work under schedules of job classifications agreed upon by Owner and Contractor. Such
employees shall include, without limitation, superintendents, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall
include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall
include social security contributions, unemployment, excise, and payroll taxes, workers'
compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay
applicable thereto. The expenses of performing Work outside of regular working hours, on
Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized
by Owner.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection
therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with
Contractor with which to make payments, in which case the cash discounts shall accrue to
Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials
and equipment shall accrue to Owner, and Contractor shall make provisions so that they may
be obtained.
3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If
required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable
to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with
the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides
that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the
Subcontractor's Cost of the Work and fee shall be determined in the same manner as
Contxactor's Cost of the Work and fee as provided in this Paragraph 11.01.
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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 mazket value, of such items used but not consumed which remain the property of
Contractor.
c. Rentals of a11 construction equipment and machinery, and the parts thereof whether
rented from Contractor or others in accordance with rental agreements approved by
Owner with the advice of Engineer, and the costs of transportation, loading, unloading,
assembly, dismantling, and removal thereof. All such costs shall be in accordance with
the terms of said rental agreements. The rental of any such equipment, machinery, or
parts shall cease when the use thereof is no longer necessary for the Work.
d. Sales, consumer, use, and other similaz 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 payrnents and fees for permits and licenses.
f. Losses and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection with the
performance of the Work (except losses and damages within the deductible amounts of
property insurance established in accordance with Paragraph 5.06.D), provided such
losses and damages have resulted from causes other than the negligence of Contractor,
any Subcontractor, or anyone directly or indirectly employed by any of them or for
whose acts any of them may be liable. Such losses shall include settlements made with
the written consent and approval of Owner. No such losses, damages, and expenses shall
be included in the Cost of the Work for the purpose of determining Contractor's fee.
g. The cost of utiliries, fuel, and sanitary facilities at the Site.
h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the
Site, express and courier services, and similar petty cash items in connection with the
Work.
i. The costs of premiums for all bonds and insurance Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work shall not include any of the following items:
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1. Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the
Site or in Contractor's principal or branch office for general administrarion of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in
Pazagraph 11.O1.A.1 or specifically covered by Paragraph 11.O1.A.4, all of which are to be
considered administrative costs covered by the Contractor's fee.
2. Expenses of Contractor's principal and branch offices other than Contractor's office at the
Site.
3. Any part of Contractor's capital expenses, including interest on Contractor's capital
employed for the Work and charges against Contractor for delinquent payments.
4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective Work, disposal of materials or equipment wrongly
supplied, and making good any damage to property.
5. Other overhead or general expense costs of any kind and the costs of any item not
specifically and expressly included in Paragraphs 11.O1.A.
C. Contrnctor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee
shall be determined as set forth in the Agreement. When the value of any Work covered by a
Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of
Cost of the Work, Contractor's fee shall be deternuned as set forth in Paragraph 12.O1.C.
D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant
to Paragraphs 11.O1.A and 11.O1.B, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptable to
Engineer an itemized cost breakdown together with supporting data.
11.02 Allowances
A. It is understood that Contractor has included in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered to be performed for such sums and by
such persons or entities as may be acceptable to Owner and Engineer.
B. Cash Allowances:
1. Contractor agrees that:
a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of
materials and equipment required by the allowances to be delivered at the Site, and all
applicable taxes; and
b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the cash allowances have been included in
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the Contract Price and not in the allowances, and no demand for additional payment on
account of any of the foregoing will be valid.
C. Contingency Allowance:
1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover
unanticipated costs.
D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer
to reflect actual amounts due Contractor on account of Work covered by allowances, and the
Contract Price shall be correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
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. Any and all Work specifically called for in the Contract Documents or which is required for the
proper construction of items called for in the Contract Documents is to be performed by
Contractor unless specifically indicated otherwise. The cost of all work for which there is no
separate pay item in the proposal shall be included in the price for a related pay item such that
work called for or required by the Contract Documents will be constructed for the Contract
Price.
C. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the
actual quantities and classifications of Unit Price Work perFormed by Contractor will be made
by Engineer subject to the provisions of Pazagraph 9.07.
D. 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.
E. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance
with Paragraph 10.05 if:
1. the quantity of any item of Unit Price Work performed by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to any other item of Work; and
3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of
having incurred additional expense or Owner believes that Owner is entitled to a decrease in
Contract Price and the parties are unable to agree as to the amount of any such increase or
decrease.
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ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustrnent in the
Contract Price shall be based on written notice submitted by the party making the Claim to the
Engineer and the other party to the Contract in accordance with the provisions of Paragraph
10.05.
B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the
Contract Price will be determined as follows:
l. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of such unit prices to the quanrities of the items involved (subject to the
provisions of Paragraph 11.03); or
2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum (which may include an allowance for overhead and profit
not necessarily in accordance with Paragraph 12.O1.C.2); or
3. where the Work involved is not covered by unit prices contained in the Contract Documents
and agreement to a lump sum is not reached under Paragraph 12.O1.B.2, on the basis of the
Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for
overhead and profit (determined as provided in Paragraph 12.O1.C).
C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows:
1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various
portions of the Cost of the Work:
a. for costs incurred under Paragraphs 11.O1.A.1 and 11.O1.A.2, the Contractor's fee shall
be 15 percent;
b. for costs incurred under Paragraph 11.O1.A3, the Contractor's fee shall be five percent;
c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee
and no fixed fee is agreed upon, the intent of Paragraphs 12.O1.C.2.a and 12.O1.C.2.b is
that the Subcontractor who actually performs the Work, at whatever tier, will be paid a
fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.O1.A.1
and 11.O1.A.2 and that any higher tier Subcontractor and Contractor will each be paid a
fee of five percent of the amount paid to the next lower tier Subcontractor;
d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.O1.A.4,
11.O1.A.5, and 11.O1.B;
e. the amount of credit to be allowed by Contractor to Owner for any change which results
in a net decrease in cost will be the amount of the actual net decrease in cost plus a
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deduction in Contractor's fee by an amount equal to five percent of such net decrease;
and
f. when both additions and credits are involved in any one change, the adjustment in
Contractor's fee shall be computed on the basis of the net change in accordance with
Pazagraphs 12.O1.C.2.a through 12.O1.C.2.e, inclusive.
12.02 Change of Contract Times
A. The Contract Times may only be changed by a Change Order. Any Claim for an adjushnent in
the Contract Times shall be based on written notice submitted by the party making the Claim to
the Engineer and the other party to the Contract in accordance with the provisions of Paragraph
10.05.
B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an
adjustment in the Contract Times will be deternuned in accordance with the provisions of this
Article 12.
12.03 Delays
A. Where Contractor is prevented from completing any part of the Work within the Contract Times
due to delay beyond the control of Contractor, the Contract Times will be extended in an amount
equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph
12.02.A. Delays beyond the control of Contractor sha11 include, but not be limited to, acts or
neglect by Owner, acts or neglect of utility owners or other contractors performing other work as
contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.
B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as
contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or
interferes with the performance or progress of the Work, then Contractor shall be entitled to an
equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's
entitlement to an adjustment of the Contract Times is conditioned on such adjustrnent being
essential to Contractor's ability to complete the Work within the Contract Times.
C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic,
abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the
control of Owner, or other causes not the fault of and beyond control of Owner and Contractor,
then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment
is essential to Contractor's ability to complete the Work within the Contract Times. Such an
adjustrnent shall be Contractor's sole and exclusive remedy for the delays described in this
Paragraph 12.03.C.
D. Owner, Engineer, and their officers, directors, members, partners, employees, agents,
consultants, or subcontractors sha11 not be liable to Contractor for any claims, costs, losses, or
damages (including but not limited to all fees and chazges 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.
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays
within the control of Contractor. Delays attributable to and within the control of a Subcontractor
or Supplier shall be deemed to be delays within the control of Contractor.
ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
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Copyright � 20(17 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 48 of 63
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13.05 Owner May Stop the Work
A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to perform the Work in such a way that the completed Work will
conform to the Contract Documents, Owner may order Contractor to stop the Work, or any
portion thereof, until the cause for such order has been eliminated; however, this right of Owner
to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the
benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any
surety for, or employee or agent of any of them.
E.ICDC C-700 Standard General Conditions of the Construction Contract
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Pa¢e50 of 63
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EJCDC C-700 Standard Ceneral Conditions of the Construction ContraM
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 51 of 63
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ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for
progress payments and will be incorporated into a form of Application for Payment acceptable to
Engineer. Progress payrnents on account of Unit Price Work will be based on the number of
units completed.
14.02 Progress Payments
A. Applications for Payments:
1. At least 30 days before the date established in the Agreement for each progress payment (but
not more often than once a month), Contractor shall submit to Engineer for review an
Application for Payment filled out and signed by Contractor covering the Work completed
as of the date of the Application and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requested on the basis of materials and
equipment not incorporated in the Work but delivered and suitably stored at the Site or at
another location agreed to in writing, the Application for Payment shall also be accompanied
by a bill of sale, invoice, or other documentation warranting that Owner has received the
materials and equipment free and clear of all Liens and evidence that the materials and
equipment are covered by appropriate property insurance or other arrangements to protect
Owner's interest therein, all of which must be satisfactory to Owner.
2. Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that all previous progress payments received on account of the
Work have been applied on account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
3. The amount of retainage with respect to progress payments will be as stipulated in the
Agreement.
B. Review ofApplications:
1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in
writing a recommendation of payment and present the Application to Owner or return the
Application to Contractor indicating in writing Engineer's reasons for refusing to
recommend payment. In the latter case, Contractor may make the necessary corrections and
resubmit the Application.
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Copyright � 20117 National Society of Professional Engineers for EJCDC. All rights reserved.
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2. Engineer's recommendation of any payment requested in an Application for Payment will
constitute a representation by Engineer to Owner, based on Engineer's observations of the
executed Work as an experienced and qualified design professional, and on Engineer's
review of the Application for Payment and the accompanying data and schedules, that to the
best of Engineer's knowledge, information and belief
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Substantial
Completion, the results of any subsequent tests called for in the Contract Documents, a
final determination of quantities and classificarions for Unit Price Work under Paragraph
9.07, and any other qualifications stated in the recommendation); and
c. the conditions precedent to Contractor's being entitled to such payment appear to have
been fulfilled in so far as it is Engineer's responsibility to observe the Work.
3. By recommending any such payment Engineer will not thereby be deemed to have
represented that:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically
assigned to Engineer in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle Contractor
to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.
4. Neither Engineer's review of Contractor's Work for the purposes of recommending
payments nor Engineer's recommendation of any payment, including final payment, will
impose responsibility on Engineer:
a. to supervise, direct, or control the Work, or
b. for the means, methods, techniques, sequences, or procedures of construction, or the
safety precautions and programs incident thereto, or
c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's
performance of the Work, or
d. to make any examination to ascertain how or for what purposes Contractor has used the
moneys paid on account of the Contract Price, or
e. to determine that title to any of the Work, materials, or equipment has passed to Owner
free and clear of any Liens.
5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's
opinion, it would be incorrect to make the representations to Owner stated in
Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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of subsequently discovered evidence or the results of subsequent inspections or tests, revise
or revoke any such payment recommendation previously made, to such extent as may be
necessary in Engineer's opinion to protect Owner from loss because:
a. the Work is defective, or completed Work has been damaged, requiring correction or
replacement;
b. the Contract Price has been reduced by Change Orders;
c. Owner has been required to conect defective Work or complete Work in accordance
with Paragraph 13.09; or
d. Engineer has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Payment Becomes Due:
1. Ten days after presentation of the Application for Payment to Owner with Engineer's
recommendation, the amount recommended will (subject to the provisions of Paragraph
14.02.D) become due, and when due will be paid by Owner to Contractor.
D. Reduction in Payment:
1. Owner may refuse to make payment of the full amount recommended by Engineer because:
a. claims have been made against Owner on account of Contractor's performance or
furnishing of the Work;
b. Liens have been filed in connection with the Work, except where Contractor has
delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of
such Liens;
c. there are other items entitling Owner to a set-off against the amount recommended; or
d. Owner has actual knowledge of the occurrence of any of the events enumerated in
Pazagraphs 14.02.B.S.a through 14.02.B.S.c or Paragraph 15.02.A.
2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner
will give Contractor immediate written notice (with a copy to Engineer) stating the reasons
for such action and promptly pay Contractor any amount remaining after deduction of the
amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any
adjustrnent thereto agreed to by Owner and Contractor, when Contractor remedies the
reasons for such action.
3. Upon a subsequent determination that Owner's refusal of payment was not justified, the
amount wrongfully withheld shall be treated as an amount due as determined by Paragraph
14.02.C.1 and subject to interest as provided in the Agreement.
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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14.04 Substantial Completion
A. When Contractor considers the entire Work ready for its intended use Contractor shall norify
Owner and Engineer in writing that the entire Work is substantially complete (except for items
specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of
Substantial Completion.
B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an
inspection of the Work to determine the status of completion. If Engineer does not consider the
Work substantially complete, Engineer will notify Contractor in writing giving the reasons
therefor.
C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a
tentative certificate of Substantial Completion which sha11 fix the date of Substantial
Completion. There shall be attached to the certificate a tentative list of items to be completed or
conected before final payment. Owner shall have seven days after receipt of the tentative
certificate during which to make written objection to Engineer as to any provisions of the
certificate or attached list. If, after considering such objections, Engineer concludes that the
Work is not substantially complete, Engineer will, within 14 days after submission of the
tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after
consideration of Owner's objections, Engineer considers the Work substantially complete,
Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive
certificate of Substantial Completion (with a revised tentative list of items to be completed or
corrected) reflecting such changes from the tentative certificate as Engineer believes justified
after consideration of any objections from Owner.
D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will
deliver to Owner and Contractor a written recommendation as to division of responsibilities
pending final payment between Owner and Contractor with respect to security, operation, safety,
and protection of the Work, maintenance, heat, utilities, insurance, and warranties and
guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in
writing prior to Engineer's issuing the definitive certificate of Substantial Completion,
Engineer's aforesaid recommendation will be binding on Owner and Contractor until final
payment.
E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor reasonable access to remove its property and
complete or correct items on the tentative list.
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EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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14.07 Final Payment
A. Application for Payment:
1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections
identified during the final inspection and has delivered, in accordance with the Contract
Documents, all maintenance and operating instructions, schedules, guarantees, bonds,
certificates or other evidence of insurance, certificates of inspection, marked-up record
documents (as provided in Paragraph 6.12), and other documents, Contractor may make
application for final payment following the procedure for progress payments.
2. The final Application for Payment shall be accompanied (except as previously delivered) by:
a. all documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.04.B.6;
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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b. consent of the surety, if any, to final payment;
c. a list of a11 Claims against Owner that Contractor believes are unsettled; and
d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien
rights arising out of or Liens filed in connection with the Work.
3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved
by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor
that: (i) the releases and receipts include all labor, services, material, and equipment for
which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other
indebtedness connected with the Work for which Owner might in any way be responsible, or
which might in any way result in liens or other burdens on Owner's property, have been paid
or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or
receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to
indernnify Owner against any Lien.
B. Engineer's Review ofApplication 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 sarisfied that the Work
has been completed and Contractor's other obligations under the Contract Documents have
been fulfilled, Engineer will, within ten days after receipt of the final Application for
Payment, indicate in writing Engineer's recommendation of payment and present the
Application for Payment to Owner for payment. At the same time Engineer will also give
written notice to Owner and Contractor that the Work is acceptable subject to the provisions
of Paragraph 14.09. Otherwise, Engineer will return the Application for Payrnent to
Contractor, indicating in writing the reasons for refusing to recommend final payment, in
which case Contractor shall make the necessary corrections and resubmit the Application for
Payrnent.
C. Payment Becomes Due:
Thirty days after the presentation to Owner of the Application for Payment and
accompanying documentation, the amount recommended by Engineer, less any sum Owner
is entitled to set off against Engineer's recommendation, including but not limited to
liquidated damages, will become due and will be paid by Owner to Contractor.
14.08 Final Completion Delayed
A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if
Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment
(for Work fully completed and accepted) and recommendation of Engineer, and without
terminaring the Contract, make payment of the balance due for that portion of the Work fully
completed and accepted. If the remaining balance to be held by Owner for Work not fully
completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have
been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of
the balance due for that portion of the Work fully completed and accepted shall be submitted by
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Contractor to Engineer with the Application for such payment. Such payment shall be made
under the terms and conditions governing final payment, except that it shall not constitute a
waiver of Claims.
14.09 Waiver of Claims
A. The making and acceptance of final payment will constitute:
1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled
Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06,
from failure to comply with the Contract Documents or the terms of any special guarantees
specified therein, or from Contractor's continuing obligations under the Contract
Documents; and
2. a waiver of all Claims by Contractor against Owner other than those previously made in
accordance with the requirements herein and expressly acknowledged by Owner in writing
as still unsettled.
ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION
15.01 Owner May Suspend Work
A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period
of not more than 90 consecutive days by norice in writing to Contractor and Engineer which will
fix the date on which Work will be resumed. Contractor shall resume the Work on the date so
fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the
Contract Times, or both, directly attributable to any such suspension if Contractor makes a
Claim therefor as provided in Paragraph 10.05.
15.02 Owner May Terminate for Cause
A. The occurrence of any one or more of the following events will justify terminarion for cause:
1. Contxactor's persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment or failure to adhere to the Progress Schedule established
under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04);
2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor's repeated disregard of the authority of Engineer; or
4. Contractor's violation in any substantial way of any provisions of the Contract Documents.
B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving
Contractor (and surety) seven days written notice of its intent to terminate the services of
Contractor:
l. exclude Contractor from the Site, and take possession of the Work and of all Contractor's
tools, appliances, construction equipment, and machinery at the Site, and use the same to the
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full extent they could be used by Contractor (without liability to Contractor for trespass or
conversion);
2. incorporate in the Work all materials and equipment stored at the Site or for which Owner
has paid Contractor liut which are stored elsewhere; and
3. complete the Work as Owner may deem expedient.
C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive
any further payment until the Work is completed. If the unpaid balance of the Contract Price
exceeds all claims, costs, losses, and damages (including but not limited to all fees and chazges
of engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) sustained by Owner arising out of or relating to completing the Work,
such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such
unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and
damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when
so approved by Engineer, incorporated in a Change Order. When exercising any rights or
remedies under this Paragraph, Owner sha11 not be required to obtain the lowest price for the
Work performed.
D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if
Contractor begins within seven days of receipt of notice of intent to terminate to correct its
failure to perform and proceeds diligently to cure such failure within no more than 30 days of
receipt of said notice.
E. Where Contractor's services have been so terminated by Owner, the termination will not affect
any rights or remedies of Owner against Contractor then existing or which may thereafter
accrue. Any retention or payrnent of moneys due Contractor by Owner will not release
Contractor from liability.
F. If and to the extent that Contractor has provided a performance bond under the provisions of
Paragraph S.O1.A, the termination procedures of that bond shall supersede the provisions of
Paragraphs 15.02.B and 15.02.C.
15.03 Owner May Terminate For Convenience
A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and
without prejudice to any other right or remedy of Owner, terminate the Contract. In such case,
Contractor shall be paid for (without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination, including fair and reasonable sums for overhead and
profit on such Work;
2. expenses sustained prior to the effective date of termination in performing services and
fiunishing 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;
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3. all claims, costs, losses, and damages (including but not limited to all fees and chazges of
engineers, architects, attorneys, and other professionals and a11 court or arbitration or other
dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors,
Suppliers, and others; and
4. reasonable expenses directly attributable to tennination.
B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other
economic loss arising out of or resulting from such termination.
15.04 Contractor May Stop Work or Terminate
A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive
days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on
any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days
to pay Contractor any sum finally deternuned to be due, then Contractor may, upon seven days
written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such
suspension or failure within that time, terminate the Contract and recover from Owner payment
on the same terms as provided in Paragraph 15.03.
B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if
Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or
Owner has failed for 30 days to pay Contractor any sum finally deternuned to be due, Contractor
may, seven days after written notice to Owner and Engineer, stop the Work until payment is
made of all such amounts due Contractor, including interest thereon. The provisions of this
Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Pazagraph
10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or
damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph.
ARTICLE 16 — DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a
decision under Paragraph 10.05 before such decision becomes final and binding. The mediarion
will be governed by the Construction Industry Mediation Rules of the American Arbitration
Association in effect as of the Effective Date of the Agreement. The request for mediation shall
be submitted in writing to the American Arbitration Association and the other party to the
Contract. Timely submission of the request shall stay the effect of Paragraph 10.O5.E.
B. Owner and Contractor shall participate in the mediation process in good faith. The process shall
be concluded within 60 days of filing of the request. The date of termination of the mediation
shall be determined by application of the mediation rules referenced above.
C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.O5.0 or a denial
pursuant to Paragraphs 10.O5.C.3 or 10.O5.D shall become final and binding 30 days after
termination of the mediation unless, within that time period, Owner or Contractor:
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elects in writing to invoke any dispute resolution process provided for in the Supplementary
Conditions; or
2. agrees with the other party to submit the Claim to another dispute resolution process; or
3. gives written notice to the other party of the intent to submit the Claim to a court of
competent jurisdiction.
ARTICLE 17 — MISCELLANEOUS
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17.05 Controlling Law
A. This Contract is to be governed by the law of the state in which the Project is located.
E.ICDC C-700 Standard Ceneral Conditions of the ConstrucNon Contract
Copyright � 2007 National Society of Professional Engineers for E.TCDC. All rights reserved.
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SUPPLEMENTARY CONDITIONS
Page 1 of 10
SUPPLEMENTARY CONDITIONS
Supplementary Conditions
These Supplementary Conditions amend or supplement the Standard General Conditions of
the Construction Contract, EJCDC C-700 (2007 Edition). All provisions which are not so
amended or supplemented remain in full force and effect.
The terms used in these Supplementary Conditions have the meanings stated in the General
Conditions. Additional terms used in these Supplementary Conditions have the meanings
stated below, wluch are applicable to both the singular and plural thereof.
The address system used in these Supplementary Conditions is the same as the address
system used in the General Conditions, with the prefix "SC" added thereto.
SC1.01 DEFINED TERMS
The terms used in these Supplementary Conditions which are defined in the Standard General
Conditions of the Construction Contract, EJCDC C-700 (2007 Edition) have the meanings
assigned to them in the General Conditions and the Standard City Conditions of the Construction
Contract for Developer Awazded Project
Amend the following definitions of 1.01 to read as follows:
Contract — Refer to Standard City Condition of the Construction Contract for Developer
Awarded Project.
Contract Documents - Refer to Standard City Condition of the Construction Contract for
Developer Awarded Project.
Contract Times — is defined as a calendar day including weekends and holidays.
Engineer - Refer to Standard City Condition of the Construction Contract for Developer
Awarded Project.
General Requirements - Refer to Standard City Condition of the Construction Contract for
Developer Awarded Project.
Milestone - Refer to Standard City Condition of the Construction Contract for Developer
Awarded Project.
Owner — as known as the developer in the Standard City Condition of the Construction Contract
for Developer Awarded Project.
Site - Refer to Standard City Condition of the Construction Contract for Developer Awarded
Proj ect.
P9L�1�1/LL�I SPRI,VGS PH.9SE S
CI77PRUJGCTNU 101d.i0
SUPPLEMENTARY CONDITIONS
Page 2 of 10
Specifications - Refer to Standazd City Condition of the Construction Contract for Developer
Awarded Project.
Work - Refer to Standard City Condition of the Construction Contract for Developer Awarded
Proj ect.
SC1.02 TERMINOLOGY
Delete Paragraph 1.02.D in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 1.02.B.
Delete Paragraph 1.02.E in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awazded Project Paragraph 1.02.C.
SC2.02 COPIES OF DOCUMENTS
Amend the first sentence of Paragraph 2.02 to read as follows:
"Owner shall furnish to Contractor up to three printed or hard copies of the Drawings and
Project Manual."
SC2.03 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED
Delete Paragraph 2.03.A. of the General Conditions in its entirety and insert the following in its
place:
"Commencement of Contract Time shall begin on the date indicated during the pre-
construction meeting with the City. The date indicated during the pre-construction
meeting will be determined by the Owner, City and Contractor and as indicated in the
Notice to Proceed."
SC2.05 BEFORE STARTING CONSTRUCTION
Delete Paragraph 2.05 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 2.01.
SC2.06 PRECONSTRUCTION CONFERENCE; DESIGNATION OF
AUTHORIZED REPRESENTATIVE
Delete Paragraph 2.06 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 2.02.
SC3.01 INTENT
Add the following language after the second sentence of Pazagraph 3.O1.B of the General
Conditions:
P.9L,I�ILL�I SPRl;'�'GS PH.9SE 5
C77Y P/20JG CT NO 101 �� (1
SUPPLEMENTARY CONDITIONS
Page 3 of 10
"In the event there are any conflicts between the plans, the specifications or other
Contract Documents the priority of interpretation will be as follows: Signed Contract
Agreement, CONTRACTOR'S Proposal, Project Drawings or Plans, Standard City
Conditions of the Construction Contract for Developer Awarded Projects, Supplementary
Conditions, General Conditions, Project Specifications, Referenced Specifications."
SC3.02 REFERENCE STANDARDS
Delete Paragraph 3.02 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 3.01.
SC3.04 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS
Delete Paragraph 3.04 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 3.02.
SC4.02 SUBSURFACE AND PHYSICAL CONDITION
Add the following new paragraphs immediately after Pazagraph 4.02.B:
C. The following reports of explorations and tests of subsurface conditions at or
contiguous to the Site are known to Owner:
1. Report dated July 2018, prepared by Alpha Testing entitled: "Preliminary
Geotechnical Exploration — Palmilla Springs...ALPHA Report No. W183386".
a. All of the information in such drawings constitutes "technical data" on
which Contractor may rely.
D. The reports and drawings identified above aze not part of the Contract Documents, but
the "technical data" contained therein upon which Contractor may rely, as expressly
identified and established above, are incorporated in the Contract Documents by
reference. Contractor is not entitled to rely upon any other information and data known
to or identified by Owner or Engineer.
SC4.04 UNDERGROUND FACILITIES
Add the following language to the beginning of Paragraph 4.04.B of the General Conditions:
"Contractor shall contact the city water & sewer and public works deparhnents and utility
companies which have a franchise to operate in the area of the project site and shall
determine the location of their facilities at or contiguous to the site and shall protect same
from damage during construction."
SC4.06 HAZARDOUS ENVIRONMENTAL CONDITIONS
Delete Paragraphs 4.06.A and 4.06.B in their entirety and insert the following:
P.9L�i41LLd SPRI.VGS PH.9SE S
C/77 PROJECT NO l01d50
SUPPLEMENTARY CONDITIONS
Page 4 of 10
A. No reports or drawings related to Hazardous Environmental Conditions at the Site aze
known to Owner.
B. Not Used.
SC5.01 PERFROMANCE, PAYMENT AND OTHER BONDS
Delete Paragraph 5.01 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 4.02.
SC5.02 LICENSED SURETIES AND INSURERS
Delete Paragraph 5.02 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 4.01.
SC5.03 CERTIFICATES OF INSURANCE
Delete Pazagraph 5.03 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 4.03.
SC5.04 CONTRACTOR'S INSURANCE
Add the following language at the end of the Paragraph 5.04.B.6.b:
"Contractor shall include the Engineer and their designee as additional insured."
SC5.06 PROPERTY INSURANCE
Delete Paragraph 5.06 in its entirety.
SC5.09 ACCEPTANCE OF BONDS AND INSURANCE; OPTION TO REPLACE
Delete Paragraph 5.09 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awazded Project Paragraph 4.05.
SC6.01 SUPERVISION AND SUPERINTENDENCE
Delete Paragraph 6.01 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 5.01.
SC6.02 LABOR; WORKING HOURS
Delete Paragraph 6.02 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 5.02.
P9LA11LL.d SPRNGSPH.9SE5
CITY PROJECT NU l01�1511
SUPPLEMENTARY CONDIT[ONS
Page 5 of 10
SC6.03 SERVICES, MATERIALS AND EQUIPMENT
Delete Pazagraph 6.03 in its entirety and refer to Standazd City Condition of the Construction
Contract for Developer Awarded Project Paragraph 5.03.
SC6.04 PROGRESS SCHEDULE
Delete Pazagraph 6.04 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 5.04.
SC6.05 SUBSTITUTES AND "OR-EQUALS"
Delete Paragraph 6.05 its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 5.05.
SC6.06 CONCERNING SUBCONTRACTORS AND SUPPLIERS
Delete Paragraph 6.06 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 5.07 and insert the following:
"Owner may furnish to any such Subcontractor, Supplier or other person or organization,
to the extent practicable, evidence of amounts paid to Contractor in accordance with
Contractor's application for payment."
SC6.07 PATENT FEES AND ROYALTIES
Delete Paragraph 6.07 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 5.09.
SC6.09 LAWS AND REGULATIONS
Delete Paragraph 6.09 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 5.10.
SC6.11 USE OF SITE AND OTHER AREAS
Delete Paragraph 6.11 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awazded Project Paragraph 5.11.
SC6.12 RECORD DOCUMENTS
Delete Paragraph 6.12 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 5.12.
SC6.13 SAFETY AND PROTECTION
Delete Paragraph 6.13 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Pazagraph 5.13.
P.9L,i/ILL�! SPRI,VGS PH.9SE 5
CI77PROJEC7'NU 101�J50
SUE'PLEMENTARY CONDITIONS
Page 6 of 10
SC6.14 5AFETY REPRESENTATIVE
Delete Paragraph 6.14 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 5.14.
SC6.15 HAZARD COMMUNICATION PROGRAMS
Delete Paragraph 6.15 in its entirety and refer to Standazd City Condition of the Conshuction
Contract for Developer Awarded Project Paragraph 5.15.
SC6.17 SI30P DR.AWINGS AND SAMPLES
Delete Paragraph 6.17 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 5.16.
SC6.19 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE
Delete Pazagraph 6.19 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 5.17.
SC6.20 INDEMNIFICATION
Delete Paragraph 6.20 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 5.18 and insert the following:
CONTRACTOR ASSUMES ENTIRE RESPONSIBILITY AND LIABILITY FOR,
AND AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD OWNER,
OWNER'S AGENTS, EMPLOYEES, REPRESENTATIVES AND INSURERS
HARMLESS FROM, ANY AND ALL LIABILITIES, CLAIMS, COSTS,
EXPENSES, JUDGMENTS, ATTORNEYS' FEES, LITIGATION EXPENSES,
CAUSES OF ACTION, DEMANDS, LOSSES AND/OR DAMAGES ARISING
OUT OF, IN CONNECTION WITH, OR IN ANY WAY INCIDENTAL TO THE
PERFORMANCE OF WORK OR SERVICES UNDER THIS CONTRACT BY
CONTRACTOR, CONTRACTOR'S EMPLOYEES, AGENTS,
REPRESENTATIVES AND INDEPENDENT CONTRACTORS. THIS
PROVISION APPLIES WITH FULL FORCE AND EFFECT FOR ANY AND
ALL CLAIMS, DEMANDS, ALLEGATIONS OR ACTIONS FOUNDED IN
WHOLE OR IN PART FROM THE NEGLIGENCE, GROSS NEGLIGENCE,
INTENTIONAL ACTS, OR ALLEGED NEGLIGENCE, GROSS NEGLIGENCE
OR INTENTIONAL ACTS, OF OWNER, OWNER'S AGENTS, EMPLOYEES,
REPRESENTATIVES, AND INDEPENDENT CONTRACTORS, AS WELL AS
CONTRACTOR, CONTRACTOR'S AGENTS, EMPLOYEES,
REPRESENTATIVES AND INDEPENDENT CONTRACTORS. THIS
INDEMNITY PROVISION IS TO BE CONSTRUED AS BROADLY AS
POSSIBLE TO INCLUDE ANY AND ALL LIABILITIES, CLAIMS, COSTS,
EXPENSES, JUDGMENTS, CAUSES OF ACTIONS, DEMENDS, LOSSES,
AND/OR WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, CAUSES OR
ACTION AND DAMAGES SOUNDING IN TORT, PERSONAL INJURIES,
P9L,111LlJl SPRGVGS PH.9SE S
CITY PXOJECT NO l01d.i0
SUPPLEMENTARY CONDITIONS
Page 7 of 10
CONTRACT DAMAGES, ECONOMIC DAMAGES, STRICT LIABILITY,
STRICT PRODUCTS LIABILITY AND PRODUCTS LIABILITY, COMMON
LAW NEGLIGENCE AND GROSS NEGLIGENCE, INTENTIONAL TORTS,
FEDERAL AND STATE STATUTORY AND COMMON LAW PUNITIVE
AND/OR MULTIPLIED DAMAGES, WORKERS' COMPENSATION CLAIMS,
CLAIMS UNDER THE TEXAS TORT CLAIMS ACT, EMPLOYMENT
DISPUTES, WRONGFUL DISCHARGE, FEDERAL AND STATE CIVII,
RIGHTS CLIAMS, CLAIMS FOUNDED IN CONTRACT OR QUASI-
CONTRACT, BREACH OF WARRANTY, CLAIMS UNDER THE TEXAS
DECEPTIVE TRADE PRACTICES-COMSUMER PROTECTION ACT, AND
ANY AND ALL CLAIMS, CAUSES OF ACTION OR DEMANDS, WHEREBY
ANY LOSS IS SOUGHT AND/OR INCURRED AND/OR PAYABLE BY OWNER,
OWNER'S AGENTS, EMPLOYEES, REPRESENTATIVES, AND/OR
INSURERS. THIS PROVISION IS TO BE CONSTRUED UNDER THE LAWS
OF THE STATE OF TEXAS, AND IT IS EXPRESSLY RECOGNIZED BY ALL
PARTIES TO THE CONSPICUOUSNESS REQUIREMENT AND THE EXPRESS
NEGLIGENCE TEST, AND IS VALID AND ENFORCEABLE AGAINST
CONTRACTOR, CONTRACTOR'S AGENTS, EMPLOYEES,
REPRESENTATIVES, AND INDEPENDENT CONTRACTORS. CONTRACTOR
HAS READ, FULLY UNDERSTANDS, AND AGREES TO BE BOUND BY THE
TERMS AND CONDITIONS OF THIS PROVISION AND THE INDIVIDUAL
SIGNING THIS CONTRACT ON BEHALF OF CONTRACTOR HAS FULL
AUTHORITY TO BIND CONTRACTOR TO THIS CONTRACT AND TI3IS
INDEMNITY PROVISION CONTAINED IiEREIN. IT IS FURHTER
RECOGNIZED AND AGREED TI3AT, SHOULD ANY PARTICULAR PORTION
OR PROVISION OF TffiS INDEMNITY PROVISION BE HELD INVALID,
VOID AND/OR UNENFORCEABLE, IT SIiALL NOT EFFECT THE VALIDITY
AND ENFORCEABILITY OF THE REMAINDER OF THIS PROVISION.
CONTRACTOR AGREES TO MAINTAIN AT CONTRACTOR'S SOLE COST
AND EXPENSE, INSURANCE OF ANY AND ALL TYPE AND WITH MINIMUM
LIMITS AS FOLLOWS, AND FURNISH CERTIFICATES TO OWNER
EVIDENCING SUCH INSURANCE WITH INSURERS ACCEPTABLE TO
OWNER:
ALL INSURANCE COVERAGES CARRIED BY THE OWNER, WHETHER OR
NOT REQUIRED HEREBY, SHALL EXTEND TO AN PROTECT OWNER,
OWNER'S AGENTS, EMPLOYEES, REPRESENTATIVES, AND
INDEPENDENT CONTRACTORS, TO THE FULL EXTENT OF SUCH
COVERAGES AND CONTRACTOR AGREES TO NAME OWNER AS AN
ADDITIONAL INSURED UNDER EACI3 SUCH INSURANCE COVERAGE.
SAID INSURANCE SHALL APPLY TO ANY AND ALL LIABILITY OF TI3E
CONTRACTOR, CONTRACTOR'S AGENTS, REPRESENTATIVES,
EMPLOYEES, AND/OR INDEPENDENT CONTRACTORS, ARISING FROM
THE INDEMNITY PROVISION IN THIS SECTION.
P9LMILLI SPRLVGS PH.9SE S
C7fYPROJLCENO l01�150
SUPPLEMENTARY CONDITIONS
Page 8 of 10
HOWEVER, LIABILITY OF THE CONTRACTOR, AS PROVIDED IN THIS
SECTION SHALL NOT BE LIMITED BY THE INSURANCE COVERAGE
REQUIRED OF CONTRACTOR IN THIS PROVISION.
SC6.21 DELEGATION OF PROFESSIONAL DESIGN SERVICES
Delete Paragraph 6.21 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 5.19.
SC9.05 REJECTING DEFECTIVE WORK
Delete Paragraph 9.05 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awazded Project Paragraph 8.03.
SC10.04 NOTIFICATION TO SURETY
Delete Paragraph 10.04 in its entirety and refer to Standazd City Condition of the Construction
Contract for Developer Awarded Project Pazagraph 9.02.
SC11.03 UNIT PRICE WORK
Add the following new paragraph immediately after Paragraph 11.03.A:
"Any and all Work specifically called for in the Contract Documents or which is required
for the proper construction of items called for in the Contract Documents is to be
performed by Contractor unless specifically indicated otherwise. The cost of all work for
which there is no separate pay item in the proposal shall be included in the price for a
related pay item such that work called for or required by the Contract Documents will be
constructed for the Contract Price."
SC13.01 NOTICE OF DEFECTS
Delete Paragraph 13.01 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 11.01.
SC13.02 ACCESS TO WORK
Delete Paragraph 13.02 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 11.02.
SC13.03 TESTS AND INSPECTION
Delete Paragraph 13.03 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 11.03.
PALAlILLd SPRIVGSPH.9S�'S
CITYPROJECTND 102450
SUPPLEMENTARY CONDITIONS
Page 9 of 10
SC13.04 UNCOVERING WORK
Delete Paragraph 13.04 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awazded Project Paragraph 11.04.
SC13.06 CORRECTION OR REMOVAL OF DEFECTIVE WORK
Delete Pazagraph 13.06 in its entirety and refer to Standazd City Condition of the Construction
Contract for Developer Awarded Project Paragraph 11.06.
SC13.07 CORRECTION PERIOD
Delete Paragraph 13.07 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 11.07.
SC13.08 ACCEPTANCE OF DEFECTIVE WORK
Delete Paragraph 13.08 in its entirety.
SC13.09 OWNER MAY CORRECT DEFECTIVE WORK
Delete Paragraph 13.09 in its entirety and refer to Standazd City Condition of the Construction
Contract for Developer Awarded Project Paragraph 11.08.
SC14.02 PROGRESS PAYMENT
Revise the first sentence of Paragraph 14.02.A.1 to read as follows:
"At least thirty (30) days before each progress payment,...."
SC14.03 CONTRACTOR'S WARRANTY OF TITLE
Tlelete Paragraph 14.03 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 12.01.
SC14.05 PARTIAL UTILIZATION
Delete Paragraph 14.05 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 12.02.
SC14.06 FINAL INSPECTION
Delete Paragraph 14.06 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Paragraph 12.03.
P.9L,111LL�1 SPR/NGS PH.9SE S
Cl7Y P/ZUJLCT NU lO1450
SUPPLEMENTARY CONDTTIONS
Page 10 of 10
SC17.01 GIVING NOTICE
Delete Paragraph 17.01 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Pazagraph 14.01.
SC17.02 COMPUTATION OF TIMES
Delete Paragraph 17.02 in its entirety and refer to Standazd City Condition of the Construction
Contract for Developer Awarded Project Paragraph 14.02.
SC17.03 CUMULATIVE REMEDIES
Delete Paragraph 17.03 in its entirety and refer to Standard City Condition of the Conshuction
Contract for Developer Awazded Project Paragraph 14.03.
SC17.04 SURVIVAL OF OBLIGATIONS
Delete Paragraph 17.04 in its entirety and refer to Standard City Condition of the Construction
Contract for Developer Awarded Project Pazagraph 14.04
SC17.06 HEADINGS
Delete Paragraph 17.06 in its entirety and refer to Standazd City Condition of the Construction
Contract for Developer Awarded Project Paragraph 14.06.
l? 9L,1 fILL�1 SPRlrVGS PK9SE 5
C177PROJEC'TNU lOZ4.i0
STANDARD CITY CONDITIONS
OF THE CONSTRUCTION CONTRACT
FOR DEVELOPER AWARDED PROJECTS
CITY OF FORT WORTH
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS
Revised: January l0, 2013
STANDARD CITY CONDITIONS OF THE
CONSTRUCTION CONTRACT
FOR DEVELOPER AWARDED PROJECTS
TABLE OF CONTENTS
Article 1— Definitions and Terminology ........................................................................................
1.01 Defined Terms .............................................................................................................
1.02 Tenninology ......................................................................
Page
..............1
..............1
............................. 5
Article2— Preliminary Matters ......................................................................................................................... 6
2.01 Before Starting Construction ........................................................................................................6
2.02 Preconstruction Conference ..........................................................................................................6
2.03 Public Meeting .............................................................................................................................. 6
Article 3— Contract Documents and Amending ............................................................................................... 6
3.01 Reference Standards .....................................................................................................................6
3.02 Amending and Supplementing Contract Documents .................................................................. 6
Article4— Bonds and Insurance ....................................................................................................................... 7
4.01 Licensed Sureties and Insurers ..................................................................................................... 7
4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7
4.03 Certificates of Insurance ............................................................................................................... 7
4.04 Contractor's Insurance ..................................................................................................................9
4.05 Acceptance of Bonds and Insurance; Option to Replace ...........................................................12
Article 5 — Contractor's Responsibilities ........................................................................................................12
5.01 Supervision and Superintendent .................................................................................................12
5.02 Labor; Working Hours ................................................................................................................13
5.03 Services, Materials, and Equipment ...........................................................................................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 Protecrion ..................................................................................................................21
5.14 Safety Representative .................................................................................................................21
5.15 Hazazd 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 ]0,2013
5.18 Indemnification ........................................................................................................................... 24
5.19 Delegation of Professional Design Services .............................................................................. 24
5.20 Right to Audit : ............................................................................................................................ 25
5.21 Nondiscrimination .......................................................................................................................25
Article6- Other Work at the Site ................................................................................................................... 26
6.01 Related Work at Site ................................................................................................................... 26
Article7- City's Responsibilities ................................................................................................................... 26
7.01 Inspections, Tests, and Approvals .............................................................................................. 26
7.02 Limitations on City's Responsibilities ....................................................................................... 26
7.03 Compliance with Safety Program ...............................................................................................27
Article 8- City's Observation Status During Construction ...........................................................................27
8.01 City's Project Representative .....................................................................................................27
8.02 Authorized Variations in Work .................................................................................................. 27
8.03 Rejecting Defective Work .......................................................................................................... 27
8.04 Determinations for Work Performed ..........................................................................................28
Article9- Changes in the Work .....................................................................................................................28
9.01 Authorized Changes in the 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
Article12 - Completion .................................................................................................................................. 32
12.01 Contractor's Warranty of Title ................................................................................................... 32
12.02 Partial Utilization ........................................................................................................................32
12.03 Final Inspection ...........................................................................................................................32
12.04 Final Acceptance .........................................................................................................................33
Article13 - Suspension of Work .................................................................................................................... 33
13.01 City May Suspend Work ............................................................................................................ 33
Article14 - Miscellaneous .............................................................................................................................. 34
14.01 Giving Notice .............................................................................................................................. 34
CITY OF FORT WORTH
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
14.02 Computation of Times ................................................................................................................ 34
14.03 Cumulative Remedies ................................................................................................................. 34
14.04 Survival of Obligations ...............................................................................................................35
14.05 Headings ......................................................................................................................................35
CITY OF' FORT WORTH
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS
Revised:January 10,2013
00 73 10-1
Standard City Conditions Of The Construcdon Contract For Developer Awarded Projects
Page 1 of 35
ARTICLE 1— DEFINITIONS AND TERMINOLOGY
1.01 Defined Ter»ts
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 behveen the Developer, Contractor, and/or Ciry concerning the Work. The
Contract supersedes prior negotiations, representations, or agreements, whether written or
oral.
9. Contract Documents—Those items that make up the contract and which must include the
Agreement, and it's attachments such as standard construction specifications, standard City
Conditions, other general conditions of the Developer, including:
a. An Agreement
CITY OF FORT WORTH
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS
Revised: January ]0, 2013
00 73 10- 2
Standard City Conditions Of The Constructlon Contract For Developer Awarded Projects
Page 2 of 35
b. Attachments to the Agreement
i. Bid Form
ii. Vendor Compliance with State Law Non-Resident Bidder
c.
d.
e.
f.
g•
h.
i.
.1•
k.
1.
m.
n.
�
iii. Prequalification Statement
Current Prevailing Wage Rates Table (if required by City)
Insurance Accord Form
Payment Bond
Performance Bond
Maintenance Bond
Power of Attorney for Bonds
Workers Compensation Affidavit
MWBE Commitment Form( If required by City)
General Conditions
Supplementary Conditions
The Standard City Conditions
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 ProjecYs Contract Documents
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 defcned, 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.
C[TY OF FORT WORTH
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS
Revised:January 10,2013
00 73 10- 3
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 3 of 35
16. Final Inspection — Inspection carried out by the City to verify that the Contractor has
completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in
conformance with the Contract Documents.
17. General Requirements A part of the Contract Documents between the Developer and a
Contractor.
18. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes,
and orders of any and all governmental bodies, agencies, authorities, and courts having
jurisdiction.
19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
20. Milestone A principal event specified in the Contract Documents relating to an
intermediate Contract Time prior to Final Acceptance of the Work.
21. Non-Participating Change Order A document, which is prepared for and reviewed by the
City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or
revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on
or after the Effective Date of the Agreement.
22. Participating Change Order A document, which is prepared for and approved by the City,
which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or
revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on
or after the Effective Date of the Agreement.
23. Plans — See definition of Drawings.
24. Project Schedule A schedule, prepared and maintained by Contractor, in accordance with
the General Requirements, describing the sequence and duration of the activities comprising
the Contractor's plan to accomplish the Work within the Contract Time.
25. Project—The Work to be performed under the Contract Documents.
26. Project Representative—The authorized representative of the City who will be assigned to
the Site.
27. Public Meeting — An announced meeting conducted by the Developer to facilitate public
participation and to assist the public in gaining an informed view of the Project.
28. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6: 00 p.m., Monday
thru Friday (excluding legal holidays).
29. Samples Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
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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 Worl� 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 S: 00 p.m., Saturday,
Sunday or legal holiday, as approved in advance by the City.
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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 similaz 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.
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STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS
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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 sha11 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, sha11 mean the standazd, 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;
C[TY OF FORT WORTH
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1. City's or Engineer's review of a Submittal (subject to the provisions of Pazagraph 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 aze 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 sha11 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 sha11 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. Deparhnent 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 terininated 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.
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Standard City Conditions Of The Construcction Contract For Developer Awarded Projects
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1. The certificate of insurance shall document the City, an as"Additional Insured" on a11
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
pnmary 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 Conh�act 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 aze 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
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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-dollaz 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 aze established by
law or regulations binding upon either party or the underwriter on any such policies.
13. City shall not be responsible for the d'uect 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
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STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS
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1) $100,000 each accidendoccurrence
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 sha11 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 aze 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 operarions coverage for a minimum of no
less than three (3) yeazs 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 sepazately to each job site.
4. The Commercial General Liability Insurance policies shall provide "X", "C", and "U"
coverage's. Verificarion 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.
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1) $1, 000, 000 each accident on a combined single limit basis. Split limits are
acceptable if limits are at least:
2) $250,000
3) $500,000
4) $100,000
Bodily Injury per person
Bodily Injury per accident /
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. T'he Contractor's construction activities will require its employees, agents, subcontractors,
equipment, and material deliveries to cross railroad properties and tracks owned and
operated by: None
Wiite Uie name oP die railroad ccrmpany. (If nonc, thc•n wiite nonel
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 raikoad
company or companies involved, and to this end the Contractor should satisfy itself as to the
requirements of each raikoad 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 Condirions
shall provide coverage for not less than the following amounts, issued by companies
satisfactory to the City and to the Railroad Company for a term that continues for so long as
the Contractor's operations and work cross, occupy, or touch railroad property:
a. General Aggregate: None
Enter limits pmvidc� by Railmad Company {If none, write none)
b. Each Occurrence: : None
Enter limits provided by Railroad Ccnnpany ( If none, writa 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 raikoad companies are involved and operated on their own separate rights-of-
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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 sepazation or an at-grade crossing, other work or activity is
proposed on a raikoad company's right-of-way at a location entirely separate from the
grade sepazation or at-grade crossing, insurance coverage for this work must be included
in the policy covering the grade sepazation.
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 properiy 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 raikoad
right-of-way has been completed and the grade crossing, if any, is no longer used by the
Contractor. In addirion, insurance must be carried during all maintenance and/or repair work
performed in the raikoad 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 norify 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
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Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of conshuction.
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
conshuction.
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 faciliries, 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.
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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 adjushnents 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 specificarion or
description is intended to establish the type, function, appeazance, 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 pernutted, 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 subsritute items. For the purposes of this Paragraph S.OS.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
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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 Pazagraph S.OS.A.1, it may be submitted as a
proposed substitute item.
b. Contractor shall submit sufficient information as p� ovided below to allow City to
deternune if the item of material or equipment proposed is essentially equivalent to that
named and an acceptable substitute therefor. Requests for review of proposed subsritute
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 O1 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 subsritute item in connecrion with
the Work is subject to payment of any license fee or royalty; and
3) will idenrify:
i. all variations of the proposed substitute item from that specified;
ii. available engineering, sales, maintenance, repair, and replacement services; and
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4) shall contain an itemized esrimate of all costs or credits that will result directly or
indirectly from use of such subsritute 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 construcrion is expressly required by the Contract Documents,
Contractor may furnish or urilize 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 S.OS.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 S.OS.A and S.OS.B. City may require
Contractor to fumish 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 S.OS.A.2 and S.OS.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) ariributable 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:
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❑ Required for this Contract.
�(Check [his box if lhere is any City P.uticipation) �
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 regazding
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 misrepresentarion of any nahue will be grounds for
tennination 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 a11 acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities perfornung 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 enrity
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 payrnent 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 perfornung 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 condirions of these Contract
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Documents, Contractor shall provide City contract numbers and reference numbers to the
Subcontractors and/or Suppliers.
5.08 Wage Rates
❑ Required for this Contract.
CJ Not Required for this Contract.
A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with a11 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
calendaz 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 violarion of 2258.023, Texas
Government Code, by a Contractor or Subcontractor, the City shall make an initial
deternunation, before the 31 st day after the date the City receives the information, as to whether
good cause exists to believe that the violation occurred. The City shall notify in writing the
Contractor or Subcontractor and any affected worker of its initial determination. Upon the
City's determination that there is good cause to believe the Contractor or Subcontractor has
violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or
claimants as the difference between wages paid and wages due under the prevailing wage rates,
such amounts being subtracted from successive progress payments pending a final deternunation
of the violarion.
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 inirial deternunation pursuant to Paragraph C above. If the persons required to
arbitrate under this section do not agree on an arbitrator before the l lth day after the date that
arbitration is required, a district court shall appoint an arbitrator on the petition of any of the
persons. The City is not a party in the arbitration. The decision and award of the arbitrator is
final and binding on all parties and may be enforced in any court of competent jurisdiction.
E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3)
years following the date of acceptance of the work, maintain records that show (i) the name and
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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 a11 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 sha11 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 a11 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 Ciry, 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 Regularions, 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 chazges 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 pernutted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
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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 Conh�actor 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 Ciry, 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, conshuction 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 clarificarions in good order and annotated
to show changes made during construction. These record documents together with all approved
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Samples and a counterpart of all accepted Submittals will be available to City for reference.
Upon complerion 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 connecrion 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.
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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 Pazagraph 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 confornuty 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 sha11 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.
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2. City's review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particulaz 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 sepazate item as such will not indicate approval of the assembly in which the
item functions.
City's review and acceptance shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Secrion O1 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 consritute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor's obligarion 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;
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
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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 appeaz 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
INDENINIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE
AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN TIiAT ALL OR SOME
OF THE DAMAGES SEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART BY
ANY ACT. OMISSION OR NEGLIGENCE OF THE CTTY. 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 hannless, at its own expense, the City, its
officers, servants and employees, from and against any and a11 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 CIT'Y.
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.
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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 fiuther 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.
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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 execurion 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
integrarion 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 norify the Contractor of applicable safety plans pursuant to Paragraph 5.13.
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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 Ciry s Project Representative
City will provide one or more Project Representative(s) during the construction period. The duties
and responsibilities and the limitarions 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
deterrnine, in general, if the Work is proceeding in accordance with the Contract Documents.
City's Project Representative will not be required to make exhausrive 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 Yariations in Work
City's Project Representative may authorize minor variations in the Work from the requirements of
the Contract Documents which do not involve an adjustment in the Contract Price or the Contract
Time and are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on City Developer, and also on Contractor, who shall perform the Work involved promptly.
8.03 Rejecting Defective Work
City will have authority to reject Work which City's Project Representative believes to be defective,
or will not produce a completed Project that conforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. City will have authority to conduct special inspection or
testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or
completed.
CITY OF FORT WORTH
STANDARD CITY CONDIT[ONS DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
00 73 10- 28
Standard Ciry Conditions Of The Construction Contract For Developer Awarded Projects
Page 28 of 35
8.04 Determinations for Work Performed
Contractor will determine the actual quantities and classifications of Work performed. City's Project
Representative will review with Contractor the preliminary determinations on such matters before
rendering a written recommendation. City's written decision will be final (except as modified to
reflect changed factual conditions or more accurate data).
ARTICLE 9— CHANGES IN THE WORK
9.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, City may, at any time or
from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall
promptly proceed with the Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise specifically provided). Extra Work
shall be memorialized by a Participating Change Order which may or may not precede an order
of Extra work.
B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a
project with City participation, a Field Order may be issued by the City.
9.02 Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not limited
to, Contract Price or Contract Time), the giving of any such notice will be Contractor's
responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the
effect of any such change.
ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME
10.01 Change of Contract Price
A. The Contract Price may only be changed by a Participating Change Order for projects with City
participation.
10.02 Change of Contract Time
A. The Contract Time may only be changed by a Participating Change Order for projects with City
participation.
10.03 Delays
A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECfS
Revised: January 10, 2013
00 73 10- 29
Standard City Condibons Of The Construction Contract For Developer Awarded Projects
Page 29 of 35
ARTICLE 11— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
11.01 Notice ofDefects
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 sha11 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 thereo fl to be inspected, tested, or approved, Contractor shall assume full
responsibility for arranging and obtaining such independent inspections, tests, retests or
approvals, pay all costs in connection therewith, and furnish City the required certificates of
inspection or approval; excepting, however, those fees specifically identified in the
Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR)
inspections, which shall be paid as described in the Supplementary Conditions.
C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or
equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment
submitted for approval prior to Contractor's purchase thereof for incorporation in the Work.
Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by
City.
D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to
perform any inspections or tests ("Testing") for any part of the Work, as determined solely by
City.
1. City will coordinate such Testing to the extent possible, with Contractor;
2. Should any Testing under this Section 11.03 D result in a"fail", "did not pass" or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
Contractor's cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
00 73 10- 30
Standard City Conditlons Of The ConstrucUon Contract For Developer Awarded Projects
Page 30 of 35
3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the
Testing Lab by Contractor. City will forwazd 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
CITY OF FORT WORTH
STANDARD CITY COND[T10NS - DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
00 73 10- 31
Standard City Conditions Of The ConsVuction Contract For Developer Awarded Projects
Page 31 of 35
Documents), any Work is found to be defective, or if the repair of any damages to the land or
areas made available for Contractor's use by City or permitted by Laws and Regulations as
contemplated in Pazagraph S.lO.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 defecrive 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 chazges 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 yeaz 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 norice 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 a11 materials and equipment
incorporated in the Work, stored at the Site or for which City has paid Contractor but which are
CITY OF FORT WORTH
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
00 73 10- 32
Standard City Conditions Of The ConsVuction Contract For Developer Awarded Projects
Page 32 of 35
stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants,
employees, and City's other contractors, access to the Site to enable City to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, azchitects, 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 Pazagraph
13.09 will be chazged 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 a11 Work, materials, and equipment covered by any
Applicarion 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
pernut City to use or occupy any such part of the Work which City deternunes 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.OS.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 Finallnspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
CITY OF FORT WORTH
STANDARD C1TY CONDITIONS - DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
00 73 10- 33
Standard City Conditlons Of The Construction Contract For Developer Awarded Projects
Page 33 of 35
1. within 10 days, City will schedule a Final Inspection with Contractor.
2. City will notify Contractor in writing of a11 particulazs in which this inspection reveals that
the Work is incomplete or defective. Contractor shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
12.04 Final Acceptance
A. Upon completion by Contractor to City's satisfaction, of any additional Work identified in the
Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction
of the following:
All documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.03;
2. consent of the surety, if any, to Final Acceptance;
3. a list of all pending or released Damage Claims against City that Contractor believes aze
unsettled; and
4. affidavits of payments and complete and legally efFective releases or waivers (satisfactory to
City) of all Lien rights arising out of or Liens filed in connection with the Work.
5. after all Damage Claims have been resolved:
a. directly by the Contractor or;
b. Contractor provides evidence that the Damage Claim has been reported to Contractor's
insurance provider for resolution.
6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or
other requirements of the Contract Documents which specifically continue thereafter.
ARTICLE 13 — SUSPENSION OF WORK
13.01 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to Contractor and which may fix the date on which Work will be resumed. Contractor
shall resume the Work on the date so fixed. During temporary suspension of the Work covered
by these Contract Documents, for any reason, the City will stop contract time on City
participation projects.
B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the
control of and without the fault or negligence of the Contractor, and should it be determined by
mutual consent of the Contractor and City that a solution to allow construction to proceed is not
CITY OF FORT WORTH
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
00 73 10- 34
Standard City Conditlons Of The Construction Contract For Developer Awarded Projects
Page 34 of 35
available within a reasonable period of time, Contractor may request an extension in Contract
Time, directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall
store all materials in such a manner that they will not obstruct or impede the public unnecessarily
nor become damaged in any way, and he shall take every precaution to prevent damage or
deterioration of the work performed; he shall provide suitable drainage about the work, and erect
temporary structures where necessary.
ARTICLE 14 — MISCELLANEOUS
14.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmarion 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 aze otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS
Revised: January ]0, 2013
00 73 10- 35
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 35 of 35
14.04 Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
14.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECi'S
Revised: January l0, 2013
ot>>oo-t
SUMMARY OF WORK
SECTION Ol 11 00
SUMMARY OF WORK
PART1- GENERAL
1.1 SUMMARY
A. Section Includes:
Page 1 of 3
1. Summary of Work to be performed in accordance with the Contract Documents
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0- Bidding Requirements, Contract Forms, and Conditions of the Contract
2. Division 1- General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMIlVISTRATIVE REQUIItEMENTS
A. Work Covered by Contract Documents
1. Work is to include furnishing all labor, materials, and equipment, and performing
all Work necessary for this construction project as detailed in the Drawings and
Specifications.
B. Subsidiary Work
Any and all Work specifically governed by documentary requirements for the
project, such as conditions imposed by the Drawings or Contract Documents in
which no specific item for bid has been provided for in the Proposal and the item is
not a typical unit bid item included on the standard bid item list, then the item shall
be considered as a subsidiary item of Work, the cost of which shall be included in
the price bid in the Proposal for various bid items.
C. Use of Premises
1. Coordinate uses of premises under direction of the City.
2. Assume full responsibility for protection and safekeeping of materials and
eyuipment stored on the Site.
3. Use and occupy only portions of the public streets and alleys, or other public places
or other rights-of-way as provided for in the ordinances of the City, as shown in the
Contract Documents, or as may be specifically authorized in writing by the City.
a. A reasonable amount of tools, materials, and equipment for construction
purposes may be stored in such space, but no more than is necessary to avoid
delay in the construction operations.
CITY OF FORT WORTH [[nsert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [lnsert Project Number]
Revised December 20, 2012
oi �i o0-2
SUMMARY OF WORK
Page 2 of 3
b. Excavated and waste materials shall be stored in such a way as not to interfere
with the use of spaces that may be designated to be left free and unobstructed
and so as not to inconvenience occupants of adjacent property.
c. If the street is occupied by railroad tracks, the Work shall be carried on in such
manner as not to interfere with the operation of the railroad.
1) All Work shall be in accordance with railroad requirements set forth in
Division 0 as well as the railroad permit.
D. Work within Easements
1. Do not enter upon private property for any purpose without having previously
obtained permission from the owner of such properly.
2. Do not store equipment or material on private property unless and until the
specified approval of the property owner has been secured in writing by the
Contractor and a copy furnished to the City.
3. Unless specifcally provided otherwise, clear all rights-of-way or easements of
obstructions which must be removed to make possible proper prosecution of the
Work as a part of the project construction operations.
4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants,
lawns, fences, culverts, curbing, and all other types of structures or improvements,
to all water, sewer, and gas lines, to all conduits, overhead pole lines, or
appurtenances thereof, including the construction of temporary fences and to all
other public or private property adjacent to the Work.
5. Notify the proper representatives of the owners or occupants of the public or private
lands of interest in lands which might be affected by the Work.
a. Such notice shall be made at least 48 hours in advance of the beginning of the
Work.
b. Notices shail be applicable to both public and private utility companies and any
corporation, company, individual, or other, either as owners or occupants,
whose land or interest in land might be affected by the Work.
c. Be responsible for all damage or injury to property of any character resulting
from any act, omission, neglect, or misconduct in the manner or method or
execution of the Work, or at any time due to defective work, material, or
equipment.
Fence
a. Restore all fences encountered and removed during construction of the Project
to the original or a better than original condition.
b. Erect temporary fencing in place of the fencing removed whenever the Work is
not in progress and when the site is vacated overnight, and/or at all times to
provide site security.
c. The cost for all fence work within easements, including removal, temporary
closures and replacement, shall be subsidiary to the various items bid in the
project proposal, unless a bid item is specifically provided in the proposal.
C17'Y OF FORT WORTH [[nsert Project Name)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [[nsert Project Number]
Revised December 20, 2012
O1 11 00-3
SUMMARY OF WORK
Page 3 of 3
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBNIITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [[nsert Project Number]
Revised December 20, 2012
ot2soo-i
SUBSTITUTION PROCEDURES
SECTION 0125 00
SUBSTITUTION PROCEDURES
PART1- GENERAL
1.1 SUMMARY
A. Section Includes:
Page 1 of 4
1. The procedure for requesting the approval of substitution of a product that is not
equivalent to a product which is specified by descriptive or performance criteria or
defined by reference to 1 or more of the following:
a. Name of manufacturer
b. Name of vendor
c. Trade name
d. Catalog number
2. Substitutions are not "or-equals".
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division. l— General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIItEMENTS
A. Request for Substitution - General
1. Within 30 days after award of Contract (unless noted otherwise), the City will
consider formal requests from Contractor for substitution of products in place of
those specified.
2. Certain types of equipment and kinds of material are described in Specifications by
means of references to names of manufacturers and vendors, trade names, or
catalog numbers.
a. When this method of specifying is used, it is not intended to exclude from
consideration other products bearing other manufacturer's or vendor's names,
trade names, or catalog numbers, provided said products are "or-equals," as
deterrnined by City.
3. Other types of equipment and kinds of material may be acceptable substitutions
under the following conditions:
a. Or-equals are unavailable due to strike, discontinued production of products
meeting specified requirements, or other factors beyond control of Contractor;
or,
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number]
Revised July I, 20l l
ot zs oo -2
SUBSTITUTION PROCEDURES
b. Contractor proposes a cost and/or time reduction incentive to the City.
1.5 SUBNIITTALS
A. See Request for Substitution Form (attached)
B. Procedure for Requesting Substitution
1. Substitution shall be considered only:
a. After award of Contract
b. Under the conditions stated herein
Page 2 of 4
2. Submit 3 copies of each written request for substitution, including:
a. Documentation
1) Complete data substantiating compliance of proposed substitution with
Contract Documents
2) Data relating to changes in construction schedule, when a reduction is
proposed
3) Data relating to changes in cost
b. For products
1) Product identification
a) Manufacturer's name
b) Telephone number and representative contact name
c) Specification Section or Drawing reference of originally specified
product, including discrete name or tag number assigned to original
product in the Contract Documents
2) Manufacturer's literature clearly marked to show compliance of proposed
product with Contract Documents
3) Itemized comparison of original and proposed product addressing product
characteristics including, but not necessarily limited to:
a) Size
b) Composition or materials of construction
c) Weight
d) Electrical or mechanical requirements
4) Product experience
a) Location of past projects utilizing product
b) Name and telephone number of persons associated with referenced
projects knowledgeable concerning proposed product
c) Available field data and reports associated with proposed product
5) Samples
a) Provide at request of City.
b) Samples become the property of the City.
c. For construction methods:
1) Detailed description of proposed method
2) Illustration drawings
C. Approval or Rejection
1. Written approval or rejection of substitution given by the City
2. City reserves the right to require proposed product to comply with color and pattern
of specified product if necessary to secure design intent.
3. In the event the substitution is approved, the resulting cost and/or time reduction
will be documented by Change Order in accordance with the General Conditions.
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS [Insert Project Number]
Revised July 1, 2011
012500-3
SUBSTITUTION PROCEDURES
4. No additional contract time will be given for substitution.
Page 3 of 4
5. Substitution will be rejected if
a. Submittal is not through the Contractor with his stamp of approval
b. Request is not made in accordance with this Specification Section
c. In the City's opinion, acceptance will require substantial revision of the original
design
d. In the City's opinion, substitution will not perform adequately the function
consistent with the design intent
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBNIITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE
A. In making request for substitution or in using an approved product, the Contractor
represents that the Contractor:
1. Has investigated proposed product, and has determined that it is adequate or
superior in all respects to that specified, and that it will perform function for which
it is intended
2. Will provide same guarantee for substitute item as for product specified
3. Will coordinate installation of accepted substitution into Work, to include building
modifications if necessary, making such changes as may be required for Work to be
complete in all respects
4. Waives all claims for additional costs related to substitution which subsequently
arise
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS [[nsert Project Number]
Revised July 1, 2011
0125 00 - 4
SUBSTITUTION PROCEDURES
Page 4 of 4
EXHIBIT A
REQITEST FOR SUBSTITUTION FORM:
TO:
PROJECT: DATE:
We hereby submit for your consideration the following product instead of the specified item for
the above project:
SECTION PARAGRAPH SPECIFIED ITEM
Proposed Substitution:
Reason for Substitution:
Include complete information on changes to Drawings and/or Specifications which proposed
substitution will require for its proper installation.
Fill in Blanks Below:
A. Will the undersigned contractor pay for changes to the building design, including engineering
and detailing costs caused by the requested substitution?
B. What effect does substitution have on other trades?
C. Differences between proposed substitution and specified item?
D. Differences in product cost or product delivery time?
E. Manufacturer's guarantees of the proposed and specified items are:
Equal Better (explain on attachment)
The undersigned states that the function, appearance and quality are equivalent or superior to the
specified item.
Submitted By: For Use by City
Signature
as noted
Firm
Address
Date
Telephone
For Use by City:
Approved
City
C1TY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS
Revised July l, 2011
_ Recommended
_ Not recommended
By
Date
Remarks
Date
Rejected
_ Recommended
_Received late
[Insert Project Name]
[Insert Project Number]
01 31 19 - 1
PRECONSTRUCT[ON MEETING
SECTION 0131 19
PRECONSTRUCTION MEETING
PART1- GENERAL
1.1 SUMMARY
A. Section Includes:
Page l of 3
1. Provisions for the preconstruction meeting to be held prior to the start of Work to
clarify construction contract administration procedures
B. Deviations from this City of Fort Worth Standazd Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1— General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMIlVISTRATIVE REQUIItEMENTS
A. Coordination
1. Attend preconstruction meeting.
2. Representatives of Contractor, subcontractors and suppliers attending meetings
shall be qualified and authorized to act on behalf of the entity each represents.
3. Meeting administered by City may be tape recorded.
a. If recorded, tapes will be used to prepare minutes and retained by City for
future reference.
B. Preconstruction Meeting
1. A preconstruction meeting will be held within 14 days after the execution of the
Agreement and before Work is started.
a. The meeting will be scheduled and administered by the City.
2. The Project Representative will preside at the meeting, prepare the notes of the
meeting and distribute copies of same to all participants who so request by fully
completing the attendance form to be circulated at the beginning of the meeting.
3. Attendance shall include:
a. Project Representative
b. Contractor's project manager
c. Contractor's superintendent
d. Any subcontractor or supplier representatives whom the Contractor may desire
to invite or the City may request
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS [Insert Project Number]
Revised August 17, 2012
O1 31 l9 - 2
PRECONSTRUCTION MEETING
Page 2 of 3
e. Other City representatives
f. Others as appropriate
4. Construction Schedule
a. Prepare baseline construction schedule in accordance with Section O1 32 16 and
provide at Preconstruction Meeting.
b. City will notify Contractor of any schedule changes upon Notice of
Preconstruction Meeting.
5. Preliminary Agenda may include:
a. Introduction of Project Personnel
b. General Description of Project
c. Status of right-of-way, utility clearances, easements or other pertinent permits
d. Contractor's work plan and schedule
e. Contract Time
f. Notice to Proceed
g. Construction Staking
h.
i.
.1•
k.
l.
m.
n.
o.
P•
9•
r.
s.
t.
u.
Progress Payments
Extra Work and Change Order Procedures
Field Orders
Disposal Site Letter for Waste Material
Insurance Renewals
Payroll Certification
Material Certifications and Quality Control Testing
Public Safety and Convenience
Documentation of Pre-Construction Conditions
Weekend Work Notification
Legal Holidays
Trench Safety Plans
Confined Space Entry Standards
Coordination with the City's representative for operations of existing water
systems
v. Storm Water Pollution Prevention Plan
w. Coordination with other Contractors
x. Early Warning System
y. Contractor Evaluation
z. Special Conditions applicable to the project
aa. Damages Claims
bb. Submittal Procedures
cc. Substitution Procedures
dd. Correspondence Routing
ee. Record Drawings
ff. Temporary construction facilities
gg. M/WBE or MBE/SBE procedures
hh. Final Acceptance
ii. Final Payment
jj. Questions or Comments
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS [Insert Project Number]
Revised August 17, 2012
O1 31 19 - 3
PRECONSTRUCTION MEETING
Page 3 of 3
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USEDJ
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF PORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number]
Revised August 17, 2012
013233-1
PRECONSTRUCTION VIDEO
Page 1 of 2
SECTION 0132 33
PRECONSTRUCTION VIDEO
PART1- GENERAL
1.1 SUMMARY
A. Section Includes:
1. Administrative and procedural requirements for:
a. Preconstruction Videos
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1— General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various items bid.
No separate payment will be al(owed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A. Preconstruction Video
1. Produce a preconstruction video of the site/alignment, including all areas in the
vicinity of and to be affected by construction.
a. Provide digital copy of video upon request by the City.
2. Retain a copy of the preconstruction video until the end of the maintenance surety
period.
1.5 SUBNIITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBNIITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number)
Revised July 1, 201 I
01 32 33 - 2
PRECONSTRUCTION VIDEO
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Page 2 of 2
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF' FORT WORTH [Insert Project Name]
STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS [Insert Project Number]
Revised July l, 2011
013300-1
SUBMITTALS
Page 1 of 8
SECTION 0133 00
SUBMITTALS
PART 1- GENERAI.
1.1 SLTNIlVIARY
A. Section Includes:
General methods and requirements of submissions applicable to the following
Work-related submittals:
a. Shop Drawings
b. Product Data (including Standard Product List submittals)
c. Samples
d. Mock Ups
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but aze not necessarily limited to:
1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1— General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A. Coordination
1. Notify the City in writing, at the time of submittal, of any deviations in the
submittals from the requirements of the Contract Documents.
2. Coordination of Submittal Times
a. Prepare, prioritize and transmit each submittal sufficiently in advance of
perfornung the related Work or other applicable activities, or within the time
specified in the individual Work Sections, of the Specifications.
b. Contractor is responsible such that the installation will not be delayed by
processing times including, but not limited to:
a) Disapproval and resubmittal (if required)
b) Coordination with other submittals
c) Testing
d) Purchasing
e) Fabrication
fl Delivery
g) Similar sequenced activities
c. No extension of time will be authorized because of the Contractor's failure to
transmit submittals sufficiently in advance of the Work.
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number]
Revised December 20, 2012
013300-2
SUBMITTALS
Page 2 of 8
d. Make submittals promptly in accordance with approved schedule, and in such
sequence as to cause no delay in the Work or in the work of any other
contractor.
B. Submittal Numbering
When submitting shop drawings or samples, utilize a 9-character submittal cross-
reference identification ntunbering system in the following manner:
a. Use the first 6 digits of the applicable Specification Section Number.
b. For the next 2 digits number use numbers 01-99 to sequentially number each
initial separate item or drawing submitted under each specific Section number.
c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e.
A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical
submittal number would be as follows:
03 30 00-08-B
1) 03 30 00 is the Specification Section for Concrete
2) 08 is the eighth initial submittal under this Specification Section
3) B is the third submission (second resubmission) of that particular shop
drawing
C. Contractor Certification
Review shop drawings, product data and samples, including those by
subcontractors, prior to submission to detennine and verify the following:
a. Field measurements
b. Field construction criteria
c. Catalog numbers and similar data
d. Conformance with the Contract Documents
2. Provide each shop drawing, sample and product data submitted by the Contractor
with a Certification Statement affixed including:
a. The Contractor's Company name
b. Signature of submittal reviewer
c. Certification Statement
1) "By this submittal, I hereby represent that I have deternuned and verified
field measurements, field construction criteria, materials, dimensions,
catalog numbers and similaz data and I have checked and coordinated each
item with other applicable approved shop drawings."
D. Submittal Format
1. Fold shop drawings larger than 8'/z inches x 11 inches to 8'/2 inches x 11 inches.
2. Bind shop drawings and product data sheets together.
3. Order
a. Cover Sheet
1) Description of Packet
2) Contractor Certification
b. List of items / Table of Contents
c. Product Data /Shop Drawings/Samples ICalculations
E. Submittal Content
1. The date of submission and the dates of any previous submissions
CITY OF' FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [InseR Project Number]
Revised December 20, 2012
01 33 00 - 3
SUBMITTALS
Page 3 of 8
2. The Project title and number
3. Contractor identification
4. The names of:
a. Contractor
b. Supplier
c. Manufacturer
5. Identification of the product, with the Specification Section number, page and
paragraph(s)
6. Field dimensions, clearly identified as such
7. Relation to adjacent or critical features of the Work or materials
8. Applicable standards, such as ASTM or Federal Specification numbers
9. Identification by highlighting of deviations from Contract Documents
10. Identification by highlighting of revisions on resubmittals
11. An 8-inch x 3-inch blank space for Contractor and City stamps
F. Shop Drawings
1. As specified in individual Work Sections includes, but is not necessarily limited to:
a. Custom-prepared data such as fabrication and erection/installation (working)
drawings
b. Scheduled information
c. Setting diagrams
d. Actual shopwork manufacturing instructions
e. Custom templates
f. Special wiring diagrams
g. Coordination drawings
h. Individual system or equipment inspection and test reports including:
1) Performance curves and certifications
i. As applicable to the Work
2. Details
a. Relation of the various parts to the main members and lines of the structure
b. Where conect fabrication of the Work depends upon field measurements
1) Provide such measurements and note on the drawings prior to submitting
for approval.
G. Product Data
1. For submittals of product data for products included on the City's Standard Product
List, clearly identify each item selected for use on the Project.
2. For submittals of product data for products not included on the City's Standard
Product List, submittal data may include, but is not necessarily limited to:
a. Standard prepared data for manufactured products (sometimes refened to as
catalog data)
1) Such as the manufacturer's product specification and installation
instructions
2) Availability of colors and patterns
3) Manufacturer's printed statements of compliances and applicability
4) Roughing-in diagrams and templates
5) Catalog cuts
6) Product photographs
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS [Insert Project NumberJ
Revised December 20, 2012
01 33 00 - 4
SUBMITTALS
Page 4 of 8
7) Standard wiring diagrams
8) Printed performance curves and operational-range diagrams
9) Production or quality control inspection and test reports and certifications
10) Mill reports
11) Product operating and maintenance instructions and recommended
spare-parts listing and printed product warranties
12) As applicable to the Work
H. Samples
1. As specified in individual Sections, include, but are not necessarily limited to:
a. Physical examples of the Work such as:
1) Sections of manufactured or fabricated Work
2) Small cuts or containers of materials
3) Complete units of repetitively used products color/texture/pattern swatches
and range sets
4) Specimens for coordination of visual effect
5) Graphic symbols and units of Work to be used by the City for independent
inspection and testing, as applicable to the Work
I. Do not start Work requiring a shop drawing, sample or product data nor any material to
be fabricated or installed prior to the approval or qualified approval of such item.
1. Fabrication performed, materials purchased or on-site construction accomplished
which does not conform to approved shop drawings and data is at the Contractor's
risk.
2. The City will not be liable for any expense or delay due to corrections or remedies
required to accomplish conformity.
3. Complete project Work, materials, fabrication, and installations in conformance
with approved shop drawings, applicable samples, and product data.
J. Submittal Distribution
Electronic Distribution
a. Confirm development of Project directory for electronic submittals to be
uploaded to City's Buzzsaw site, or another external FTP site approved by the
City.
b. Shop Drawings
1) Upload submittal to designated project directory and notify appropriate
City representatives via email of submittal posting.
2) Hard Copies
a) 3 copies for all submittals
b) If Contractor requires more than 1 hard copy of Shop Drawings
returned, Contractor shall submit more than the number of copies listed
above.
c. Product Data
1) Upload submittal to designated project directory and notify appropriate
City representatives via email of submittal posting.
2) Hard Copies
a) 3 copies for all submittals
d. Samples
1) Distributed to the Project Representative
2. Hard Copy Distribution (if required in lieu of electronic distribution)
CITY OF FORT WORTH [Inse�t Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number]
Revised December 20, 2012
O13300-5
SUBMITTALS
Page 5 of 8
a. Shop Drawings
1) Distributed to the City
2) Copies
a) S copies for mechanical submittals
b) 7 copies for all other submittals
c) If Contractor requires more than 3 copies of Shop Drawings retumed,
Contractor shall submit more than the number of copies listed above.
b. Product Data
1) Distributed to the City
2) Copies
a) 4 copies
c. Samples
1) Distributed to the Project Representative
2) Copies
a) Submit the number stated in the respective Specification Sections.
3. Distribute reproductions of approved shop drawings and copies of approved
product data and samples, where required, to the job site file and elsewhere as
directed by the City.
a. Provide number of copies as directed by the City but not exceeding the number
previously specified.
K. Submittal Review
1. The review of shop drawings, data and samples will be for general conformance
with the design concept and Contract Documents. This is not to be construed as:
a. Pernutting any departure from the Contract requirements
b. Relieving the Contractor of responsibility for any errors, including details,
dimensions, and materials
c. Approving departures from details furnished by the City, except as otherwise
provided herein
2. The review and approval of shop drawings, samples or product data by the City
does not relieve the Contractor from his/her responsibility with regard to the
fulfillment of the terms of the Contract.
a. All risks of error and omission are assumed by the Contractor, and the City will
have no responsibility therefore.
3. The Contractor remains responsible for details and accuracy, for coordinating the
Work with all other associated work and trades, for selecting fabrication processes,
for techniques of assembly and for performing Work in a safe manner.
4. If the shop drawings, data or samples as submitted describe variations and show a
departure from the Contract requirements which City finds to be in the interest of
the City and to be so minor as not to involve a change in Contract Price or time for
performance, the City may return the reviewed drawings without noting an
exception.
5. Submittals will be returned to the Contractor under 1 of the following codes:
a. Code 1
1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or
comments on the submittal.
a) When returned under this code the Contractor may release the
equipment and/or material for manufacture.
b. Code 2
CITY OF FORT WORTH [LnseR Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number]
Revised December 20, 2012
013300-6
SUBMITTALS
Page 6 of 8
1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of
the notations and comments IS NOT required by the Contractor.
a) The Contractor may release the equipment or material for manufacture;
however, all notations and comments must be incorporated into the
fmal product.
c. Code 3
1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is
assigned when notations and comments are extensive enough to require a
resubmittal of the package.
a) The Contractor may release the equipment or material for manufacture;
however, all notations and comments must be incorporated into the
fmal product.
b) This resubmittal is to address all comments, omissions and
non-conforming items that were noted.
c) Resubmittal is to be received by the City within 15 Calendar Days of
the date of the City's transmittal requiring the resubmittal.
d. Code 4
1) "NOT APPROVED" is assigned when the submittal does not meet the
intent of the Contract Documents.
a) The Contractor must resubmit the entire package revised to bring the
submittal into conformance.
b) It may be necessary to resubmit using a different manufacturer/vendor
to meet the Contract Documents.
6. Resubmittals
a. Handled in the same manner as first submittals
1) Conections other than requested by the City
2) Marked with revision triangle or other similar method
a) At Contractor's risk if not marked
b. Submittals for each item will be reviewed no more than twice at the City's
expense.
1) All subsequent reviews will be performed at times convenient to the City
and at the Contractor's expense, based on the City's or City
Representative's then prevailing rates.
2) Provide Contractor reimbursement to the City within 30 Calendar Days for
all such fees invoiced by the City.
c. The need for more than 1 resubmission or any other delay in obtaining City's
review of submittals, will not entitle the Contractor to an extension of Contract
Time.
7. Partial Submittals
a. City reserves the right to not review submittals deemed partial, at the City's
discretion.
b. Submittals deemed by the City to be not complete will be returned to the
Contractor, and will be considered "Not Approved" until resubmitted.
c. The City may at its option provide a list or mark the submittal directing the
Contractor to the areas that are incomplete.
8. If the Contractor considers any correction indicated on the shop drawings to
constitute a change to the Contract Documents, then written notice must be
provided thereof to the City at least 7 Calendar Days prior to release for
manufacture.
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number]
Revised December 20, 2012
013300-7
SUBMITTALS
Page 7 of 8
9. When the shop drawings have been completed to the satisfaction of the City, the
Contractor may carry out the construction in accordance therewith and no further
changes therein except upon written instructions from the City.
10. Each submittal, appropriately coded, will be retumed within 30 Calendar Days
following receipt of submittal by the City.
L. Mock ups
1. Mock Up units as specified in individual Sections, include, but are not necessarily
limited to, complete units of the standard of acceptance for that type of Work to be
used on the Project. Remove at the completion of the Work or when directed.
M. Qualifications
1. If specifically required in other Sections of these Specifications, submit a P.E.
Certification for each item required.
N. Request for Information (RFn
Contractor Request for additional information
a. Clarification or interpretation of the contract documents
b. When the Contractor believes there is a conflict between Contract Documents
c. When the Contractor believes there is a conflict between the Drawings and
Specifications
1) Identify the conflict and request clarification
2. Use the Request for Information (RFn form provided by the City.
3. Numbering of RFI
a. Prefix with "RFI" followed by series number, "-xxx", beginning with "O1" and
increasing sequentially with each additional transmittal.
4. Sufficient information shall be attached to pernut a written response without further
information.
5. The City will log each request and will review the request.
a. If review of the project information request indicates that a change to the
Contract Documents is required, the City will issue a Field Order or Change
Order, as appropriate.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
CITY OF FORT WORTH [Insen Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number]
Revised December 20, 2012
OI3300-8
SUBMI7TALS
Page 8 of 8
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
12/20/2012 D. Johnson i.4.K.8. Working Days modified to Calendar Days
CITY OF FOR7' WORT'H [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number]
Revised December 20, 2012
O1 45 23
TESTING AND INSPECTION SERVICES
SECTION Ol 45 23
TESTING AND INSPECTION SERVICES
PART1- GENERAL
1.1 SUMMARY
A. Section Includes:
1. Testing and inspection services procedures and coordination
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specifcation Sections include, but are not necessarily limited to:
Page 1 of 2
1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1— General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
a. Contractor is responsible for performing, coordinating, and payment of all
Quality Control testing.
b. City is responsible for performing and payment for first set of Quality
Assurance testing.
1) If the first Quality Assurance test performed by the City fails, the
Contractor is responsible for payment of subsequent Quality Assurance
testing until a passing test occurs.
a) Final acceptance will not be issued by City until all required payments
for testing by Contractor have been paid in full.
1.3 REFERENCES (NOT USED]
1.4 ADMINISTRATIVE REQITIItEMENTS
A. Testing
1. Complete testing in accordance with the Contract Documents.
Coordination
a. When testing is required to be performed by the City, notify City, sufficiently
in advance, when testing is needed.
b. When testing is required to be completed by the Contractor, notify City,
sufficiently in advance, that testing will be performed.
Distribution of Testing Reports
a. Electronic Distribution
1) Confirm development of Project directory for electronic submittals to be
uploaded to the City's document management system, or another external
FTP site approved by the City.
CITY OF FORT WORTH (Insert Project Name]
STANDARD CONSTRUCT[ON SPECIFICAT[ON DOCUMENTS [Insert Project Number]
Revised March 9, 2020
Ol 45 23
TESTING AND INSPECTION SERVICES
Page 2 of 2
2) Upload test reports to designated project directory and notify appropriate
City representatives via email of submittal posting.
3) Hard Copies
a) 1 copy for all submittals submitted to the Project Representative
b. Hard Copy Distribution (if required in lieu of electronic distribution)
1) Tests performed by City
a) Distribute 1 hazd copy to the Contractor
2) Tests performed by the Contractor
a) Distribute 3 hard copies to City's Project Representative
4. Provide City's Project Representative with trip tickets for each delivered load of
Concrete or Lime material including the following information:
a. Name of pit
b. Date of delivery
c. Material delivered
B. Inspection
1. Inspection or lack of inspection does not relieve the Contractor from obligation to
perform work in accordance with the Contract Documents.
1.5 SUBNIITTALS [NOT USED]
1.6 ACTION SUBNIITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
3/9/2020 D.V. Magaria Removed reference to Buzzsaw and noted that electronic submittals be uploaded
through the City's document management system.
C1TY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project NumberJ
Revised March 9, 2020
015526-1
STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Page 1 of 3
SECTION Ol 55 26
STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
PART1- GENERAL
1.1 SUMMARY
A. Section Includes:
1. Administrative procedures for:
a. Street Use Permit
b. Modification of approved traffic control
c. Removal of Street Signs
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1— General Requirements
3. Section 34 71 13 — Traffic Control
1Z PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES
A. Reference Standards
1. Reference standards cited in this specification refer to the current reference standard
published at the time of the latest revision date logged at the end of this
specification, unless a date is specifically cited.
2. Texas Manual on Uniform Traffic Control Devices (TMUTCD).
1.4 ADMINISTRATIVE REQUIItEMENTS
A. Traffic Control
1. General
a. When traffic control plans are included in the Drawings, provide Traffic
Control in accordance with Drawings and Section 34 71 13.
b. When traffic control plans are not included in the Drawings, prepare traffic
control plans in accordance with Section 34 71 13 and submit to City for
review.
1) Allow minimum 10 working days for review of proposed Traffic Control.
B. Street Use Permit
1. Prior to installation of Traffic Control, a City Street Use Permit is required.
a. To obtain Street Use Permit, submit Traffic Control Plans to City
Transportation and Public Works Deparhnent.
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [[nsert Project Number]
Revised July 1, 2011
015526-2
STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Page 2 of 3
1) Allow a minimum of 5 working days for permit review.
2) Contractor's responsibility to coordinate review of Traffic Control plans for
Street Use Permit, such that construction is not delayed.
C. Modification to Approved Traffic Control
1. Prior to installation traffic control:
a. Submit revised traffic control plans to City Department Transportation and
Public Works Department.
1) Revise Traffic Control plans in accordance with Section 34 71 13.
2) Allow minimum 5 working days for review of revised Traffic Control.
3) It is the Contractor's responsibility to coordinate review of Traffic Control
plans for Street Use Permit, such that construction is not delayed.
D. Removal of Street Sign
1. If it is determined that a street sign must be removed for construction, then contact
City Transportation and Public Works Department, Signs and Markings Division to
remove the sign.
E. Temporary Signage
1. In the case of regulatory signs, replace permanent sign with temporary sign meeting
requirements of the latest edition of the Texas Manual on Uniform Traffic Control
Devices (MUTCD).
2. Install temporary sign before the removal of permanent sign.
3. When construction is complete, to the extent that the permanent sign can be
reinstalled, contact the City Transportation and Public Works Department, Signs
and Markings Division, to reinstall the permanent sign.
F. Traffic Control Standards
1. Traffic Control Standards can be found on the City's Buzzsaw website.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS (NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS [Insert Project Number]
Revised July l, 20l 1
O1 55 26 - 3
STREET USE PERMII' AND MODIFICATIONS TO TRAFFIC CONTROL
Page 3 of 3
Revision Log
DATE NAME SUNIMARY OF CHANGE
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPEC[FICATION DOCUMENTS [InseR Project Number]
Revised July l, 201 I
01 57 13 - 1
STORM WATER POLLUTION PREVENTION
Page 1 of 3
SECTION Ol 57 13
STORM WATER POLLUTION PREVENTION
PART1- GENERAL
1.1 SUMMARY
A. Section Includes:
1. Procedures for Storm Water Pollution Prevention Plans
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0— Bidding Requirements, Contract Forms and Conditions of the
Contract
2. Division 1— General Requirements
3. Section 31 25 00 — Erosion and Sediment Control
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Construction Activities resulting in less than 1 acre of disturbance
a. Work associated with this Item is considered subsidiary to the various Items
bid. No separate payment will be allowed for this Item.
2. Construction Activities resulting in greater than 1 acre of disturbance
a. Measurement and Payment shall be in accordance with Section 31 25 00.
1.3 REFERENCES
A. Abbreviations and Acronyms
1. Notice of Intent: NOI
2. Notice of Termination: NOT
3. Storm Water Pollution Prevention Plan: SWPPP
4. Texas Commission on Environmental Quality: TCEQ
5. Notice of Change: NOC
A. Reference Standards
1. Reference standards cited in this Specification refer to the current reference
standard published at the time of the latest revision date logged at the end of this
Specification, unless a date is specifically cited.
2. Integrated Storm Management (iSWM) Technical Manual for Construction
Controls
1.4 ADMINISTRATIVE REQUIREMENTS
A. General
1. Contractor is responsible for reso(ution and payment of any fnes issued associated
with compliance to Stormwater Pollution Prevention Plan.
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Numberj
Revised July l, 201 l
01 57 13 - 2
STORM WATER POLLUTION PREVENTION
B. Construction Activities resulting in:
Page 2 of 3
1. Less than 1 acre of disturbance
a. Provide erosion and sediment control in accordance with Section 31 25 00 and
Drawings.
2. 1 to less than 5 acres of disturbance
a. Texas Pollutant Discharge Elimination System (TPDES) General Construction
Permit is required
b. Complete SWPPP in accordance with TCEQ requirements
1) TCEQ Small Construction Site Notice Reyuired under general permit
TXR150000
a) Sign and post at job site
b) Prior to Preconstruction Meeting, send 1 copy to City Department of
Transportation and Public Works, Environmental Division, (817) 392-
6088.
2) Provide erosion and sediment control in accordance with:
a) Section 31 25 00
b) The Drawings
c) TXR150000 General Permit
d) SWPPP
e) TCEQ requirements
3. 5 acres or more of Disturbance
a. Texas Pollutant Discharge Elimination System (TPDES) General Construction
Permit is required
b. Complete SWPPP in accordance with TCEQ requirements
1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee
a) Sign and post at job site
b) Send copy to City Deparhnent of Transportation and Public Works,
Environmental Division, (817) 392-6088.
2) TCEQ Notice of Change required if making changes or updates to NOI
3) Provide erosion and sediment control in accordance with:
a) Section 31 25 00
b) The Drawings
c) TXR150000 General Permit
d) SWPPP
e) TCEQ requirements
4) Once the project has been completed and all the closeout requirements of
TCEQ have been met a TCEQ Notice of Termination can be submitted.
a) Send copy to City Deparhnent of Transportation and Public Works,
Environmental Division, (817) 392-6088.
1.5 SUBMITTALS
A. SWPPP
Submit in accordance with Section O1 33 00, except as stated herein.
a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City
as follows:
1) 1 copy to the City Project Manager
a) City Project Manager will forward to the City Department of
Transportation and Public Works, Environmental Division for review
CITY OF FORT WORTH ([nsert Project Name]
STANDARD CONSTRUCTION SPEC[FICATION DOCUMENTS [Insert Project Number]
Revised July 1, 201 l
O1 57 13 - 3
STORM WATER POLLUTION PREVENTION
Page 3 of 3
B. Modified SWPPP
l. If the SWPPP is revised during construction, resubmit modified SWPPP to the City
in accordance with Section O1 33 00.
1.6 ACTION SUBNIITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBNIITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS [Insert Project Number]
Revised July l, 2011
O1 60 00
PRODUCT REQUIREMENTS
Page 1 of 2
SECTION Ol 60 00
PRODUCT REQUIREMENTS
PART1- GENERAL
lu lu : :
A. Section Includes:
1. References for Product Requirements and City Standard Products List
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1— General Requirements
1.2 PRICE AND PAYMENT PROCEDURES [NOT USED]
1.3 REFERENCES [NOT USED]
1.4 ADMIlYISTRATIVE REQUIREMENTS
A. A list of City approved products for use is available through the City's website at:
https://apps.fortworthtexas.gov/ProjectResources/ and following the directory path;
02 - Construction Documents/Standard Products List
B. Only products specifically included on City's Standard Product List in these Contract
Documents shall be allowed for use on the Project.
l. Any subsequently approved products will only be allowed for use upon specific
approval by the City.
C. Any specific product requirements in the Contract Documents supersede similar
products included on the City's Standard Product List.
1. The City reserves the right to not allow products to be used for certain projects even
though the product is listed on the City's Standard Product List.
D. Although a specific product is included on City's Standard Product List, not all
products from that manufacturer are approved for use, including but not limited to, that
manufacturer's standard product.
E. See Section O1 33 00 for submittal requirements of Product Data included on City's
Standard Product List.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED)
1.9 QUALITY ASSURANCE [NOT USED]
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS [Insert Project Number]
Revised March 9, 2020
O1 60 00
PRODUCT REQUIREMENTS
Page 2 of 2
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION (NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
10112l12 D. Johnson Modified Location of City's Standard Product List
3/9/2020 D.V. Magazia Removed reference to Buzzsaw and noted that the City approved products list is
accessible through the City's website.
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS [Insert Project Number]
Revised March 9, 2020
Ol 66 00 - 1
PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 1 of 4
SECTION O1 66 00
PRODUCT STORAGE AND HANDLING REQUIREMENTS
PART1- GENERAL
1.1 SUMMARY
A. Section Includes:
1. Scheduling of product delivery
2. Packaging of products for delivery
3. Protection of products against damage from:
a. Handling
b. Exposure to elements or harsh environments
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1— General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 AD117INISTRATIVE REQUIREMENTS [NOT USED]
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS (NOT USEDj
1.7 CLOSEOUT SUBNIITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY AND HANDLING
A. Delivery Requirements
1. Schedule delivery of products or equipment as required to allow timely installation
and to avoid prolonged storage.
2. Provide appropriate personnel and equipment to receive deliveries.
3. Delivery trucks will not be permitted to wait extended periods of time on the Site
for personnel or equipment to receive the delivery.
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [[nsert Project Number]
Revised July l, 2011
Ol 66 00 - 2
PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 2 of 4
4. Deliver products or equipment in manufacturer's original unbroken cartons or other
containers designed and constructed to protect the contents from physical or
environmental damage.
5. Clearly and fully mark and identify as to manufacturer, item and installation
location.
6. Provide manufacturer's instructions for storage and handling.
B. Handling Requirements
1. Handle products or equipment in accordance with these Contract Documents and
manufacturer's recommendations and instructions.
C. Storage Requirements
1. Store materials in accordance with manufacturer's recommendations and
requirements of these Specifications.
2. Make necessary provisions for safe storage of materials and equipment.
a. Place loose soil materials and materials to be incorporated into Work to prevent
damage to any part of Work or existing facilities and to maintain free access at
all times to all parts of Work and to utility service company installations in
vicinity of Work.
3. Keep materials and equipment neatly and compactly stored in locations that will
cause minimum inconvenience to other contractors, public travel, adjoining owners,
tenants and occupants.
a. Arrange storage to provide easy access for inspection.
4. Restrict storage to areas available on construction site for storage of material and
equipment as shown on Drawings, or approved by City's Project Representative.
5. Provide off-site storage and protection when on-site storage is not adequate.
a. Provide addresses of and access to off-site storage locations for inspection by
City's Project Representative.
6. Do not use lawns, grass plots or other private property for storage purposes without
written permission of owner or other person in possession or control of premises.
7. Store in manufacturers' unopened containers.
8. Neatly, safely and compactly stack materials delivered and stored along line of
Work to avoid inconvenience and damage to property owners and general public
and maintain at least 3 feet from fire hydrant.
9. Keep public and private driveways and street crossings open.
10. Repair or replace damaged lawns, sidewalks, streets or other improvements to
satisfaction of City's Project Representative.
a. Total length which materials may be distributed along route of construction at
one time is 1,000 linear feet, unless otherwise approved in writing by City's
Project Representative.
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIF[CAT[ON DOCUMENTS [Insert Project Number]
Revised July l, 2011
016600-3
PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 3 of 4
1.11 FIELD [SITE] CONDITIONS [NOT USEDJ
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION
3.1 INSTALLERS [NOT USED]
3.2 EXAA�IINATION [NOT USED]
3.3 PREPARATION [NOT USED]
3.4 ERECTION [NOT USED]
3.5 REPAIR / RESTORATION [NOT USED]
3.6 RE-INSTALLATION [NOT USED]
3.7 FIELD [oR] SITE QUALITY CONTROL
A. Tests and Inspections
1. Inspect all products or equipment delivered to the site prior to unloading.
B. Non-Conforming Work
1. Reject all products or equipment that are damaged, used or in any other way
unsatisfactory for use on the project.
3.8 SYSTEM STARTUP [NOT USED]
3.9 ADNSTING [NOT USED]
3.10 CLEANING [NOT USED]
3.11 CLOSEOUT ACTIVITIES [NOT USED]
3.12 PROTECTION
A. Protect all products or equipment in accordance with manufacturer's written directions.
B. Store products or equipment in location to avoid physical damage to items while in
storage.
C. Protect equipment from exposure to elements and keep thoroughly dry if required by
the manufacturer.
3.13 MAINTENANCE [NOT USED]
3.14 ATTACHMENTS [NOT USED]
END OF SECTION
CITY OP FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number]
Revised July 1, 2011
01 66 00 - 4
PRODUCT STORAGE AND HANDLING REQU[REMENTS
Page 4 of 4
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF PORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS [[nsert Project Number]
Revised July l, 20l 1
017423-1
CLEANING
Page 1 of 4
SECTION Ol 74 23
CLEANING
PART1- GENERAL
1.1 SUMMARY
A. Section Includes:
1. Intermediate and final cleaning for Work not including special cleaning of closed
systems specified elsewhere
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specifcation Sections include, but are not necessarily limited to:
1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1— General Requirements
3. Section 32 92 13 — Hydro-Mulching, Seeding and Sodding
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMIl�TISTRATIVE REQUIREMENTS
A. Scheduling
1. Schedule cleaning operations so that dust and other contaminants disturbed by
cleaning process will not fall on newly painted surfaces.
2. Schedule final cleaning upon completion of Work and immediately prior to final
inspection.
1.5 SUBNIITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 STORAGE, AND HANDLING
A. Storage and Handling Requirements
1. Store cleaning products and cleaning wastes in containers specifically designed for
those materials.
CI'I'Y OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIF[CAT[ON DOCUMENTS [[nsert Project Number]
Revised July l, 20l 1
017423-2
CLEANING
Page 2 of 4
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART2- PRODUCTS
2.1 OWNER-FURNISHED [oe] OWNER-SUPPLIEDPRODUCTS (NOT USED]
2.2 MATERIALS
A. Cleaning Agents
1. Compatible with surface being cleaned
2. New and uncontaminated
3. For manufactured surfaces
a. Material recommended by manufacturer
2.3 ACCESSORIES [NOT USED]
2.4 SOURCE QUALITY CONTROL [NOT USED]
PART 3 - EXECUTION
3.1 INSTALLERS [NOT USED]
3.2 EXANIINATION [NOT USED]
3.3 PREPARATION [NOT USED]
3.4 APPLICATION [NOT USED]
3.5 REPAIIt / RESTORATION [NOT USED]
3.6 RE-INSTALLATION [NOT USED]
3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED]
3.8 SYSTEM STARTUP [NOT USED]
3.9 ADJUSTING [NOT USED]
3.10 CLEANING
A. General
1. Prevent accumulation of wastes that create hazardous conditions.
2. Conduct cleaning and disposal operations to comply with laws and safety orders of
governing authorities.
3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in
storm or sanitary drains or sewers.
4. Dispose of degradable debris at an approved solid waste disposal site.
5. Dispose of nondegradable debris at an approved solid waste disposal site or in an
alternate manner approved by City and regulatory agencies.
CITY OF FORT WORTH [[nsert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [[nsert Project Number]
Revised July l, 20l 1
017423-3
CLEANING
Page 3 of 4
6. Handle materials in a controlled manner with as few handlings as possible.
7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with
this project.
8. Remove all signs of temporary construction and activities incidental to construction
of required permanent Work.
9. If project is not cleaned to the satisfaction of the City, the City reserves the right to
have the cleaning completed at the expense of the Contractor.
10. Do not burn on-site.
B. Intermediate Cleaning during Construction
1. Keep Work areas clean so as not to hinder health, safety or convenience of
personnel in existing facility operations.
2. At maximum weekly intervals, dispose of waste materials, debris and rubbish.
3. Confne construction debris daily in strategically located container(s):
a. Cover to prevent blowing by wind
b. Store debris away from construction or operational activities
c. Haul from site at a minimum of once per week
4. Vacuum clean interior areas when ready to receive finish painting.
a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance.
5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which
may become airborne or transported by flowing water during the storm.
C. Interior Final Cleaning
1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other
foreign materials from sight-exposed surfaces.
2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean.
3. Wash and shine glazing and mirrors.
4. Polish glossy surfaces to a cleaz shine.
5. Ventilating systems
a. Clean permanent filters and replace disposable filters if units were operated
during construction.
b. Clean ducts, blowers and coils if units were operated without filters during
construction.
6. Replace all burned out (amps.
7. Broom clean process area floors.
8. Mop o�ce and control room floors.
D. Exterior (Site or Right of Way) Final Cleaning
1. Remove trash and debris containers from site.
a. Re-seed areas disturbed by location of trash and debris containers in accordance
with Section 32 92 13.
2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object
that may hinder or disrupt the flow of traffic along the roadway.
3. Clean any interior areas including, but not limited to, vaults, manholes, structures,
junction boxes and inlets.
CITY OF FOEtT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS [Insert Project Number]
Revised July l, 2011
01 74 23 - 4
CLEANING
Page 4 of 4
4. If no longer required for maintenance of erosion facilities, and upon approval by
City, remove erosion control from site.
5. Clean signs, lights, signals, etc.
3.11 CLOSEOUT ACTIVITIES [NOT USED]
3.12 PROTECTION [NOT USED]
3.13 MAINTENANCE [NOT USED]
3.14 ATTACI�VIENTS [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number]
Revised July I, 2011
01 77 19 - 1
CLOSEOUT REQUIRE[v�NTS
Page 1 of 3
SECTION Ol 77 19
CLOSEOUT REQUIREMENTS
PART1- GENERAL
1.1 SUNIlVIARY
A. Section Includes:
1. The procedure for closing out a contract
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1— General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIItEMENTS
A. Guarantees, Bonds and Affidavits
1. No application for final payment will be accepted until all guarantees, bonds,
• certificates, licenses and affidavits required for Work or equipment as specified are
satisfactorily filed with the City.
B. Release of Liens or Claims
1. No appiication for final payment will be accepted until satisfactory evidence of
release of liens has been submitted to the City.
1.5 SUBMITTALS
A. Submit all required documentation to City's Project Representative.
C[TY OF' FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPEC[FICATION DOCUMENTS [[nsert Project Number]
Revised July 1, 20l 1
01 77 19 - 2
CLOSEOUT REQUIREMENTS
Page 2 of 3
1.6 INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBNIITTALS [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION
3.1 INSTALLERS [NOT USED]
3.2 EXAMINATION [NOT USED]
3.3 PREPARATION [NOT USED]
3.4 CLOSEOUT PROCEDURE
A. Prior to reyuesting Final Inspection, submit:
1. Project Record Documents in accordance with Section O1 78 39
2. Operation and Maintenance Data, if required, in accordance with Section O 1 78 23
B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section
O1 74 23.
C. FinalInspection
1. After final cleaning, provide notice to the City Project Representative that the Work
is completed.
a. The City will make an initial Final Inspection with the Contractor present.
b. Upon completion of this inspection, the City will notify the Contractor, in
writing within 10 business days, of any particulars in which this inspection
reveals that the Work is defective or incomplete.
2. Upon receiving written notice from the City, immediately undertake the Work
required to remedy deficiencies and complete the Work to the satisfaction of the
City.
3. Upon completion of Work associated with the items listed in the City's written
notice, inform the City, that the required Work has been completed. Upon receipt
of this notice, the City, in the presence of the Contractor, will make a subsequent
Final Inspection of the project.
4. Provide all special accessories required to place each item of equipment in full
operation. These special accessory items include, but are not limited to:
a. Specifed spare parts
b. Adequate oil and grease as required for the first lubrication of the equipment
c. Initial fill up of all chemical tanks and fuel tanks
d. Light bulbs
e. Fuses
f. Vault keys
g. Handwheels
h. Other expendable items as required for initial start-up and operation of all
equipment
D. Notice of Project Completion
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number]
Revised July 1, 201 I
01 77 19 - 3
CLOSEOUT REQUIREMENTS
Page 3 of 3
1. Once the City Project Representative finds the Work subsequent to Final Inspection
to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet).
E. Supporting Documentation
1. Coordinate with the City Project Representative to complete the following
additional forms:
a. Final Payment Request
b. Statement of Contract Time
c. Affidavit of Payment and Release of Liens
d. Consent of Surety to Final Payment
e. Pipe Report (if required)
f. Contractor's Evaluation of City
g. Performance Evaluation of Contractor
F. Letter of Final Acceptance
1. Upon review and acceptance of Notice of Project Completion and Supporting
Documentation, in accordance with General Conditions, City will issue Letter of
Final Acceptance and release the Final Payment Request for payment.
3.5 REPAIIt / RESTORATION [NOT USED]
3.6 RE-INSTALLATION [NOT USED]
3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED]
3.8 SYSTEM STARTUP [NOT USED]
3.9 ADNSTING [NOT USED]
3.10 CLEANING [NOT USED]
3.11 CLOSEOUT ACTIVITIES [NOT USED]
3.12 PROTECTION [NOT USED]
3.13 MAINTENANCE [NOT USED]
3.14 ATTAC�IlVIENTS [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH [[nsert Project Name]
STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS [Insert Project Number]
Revised July 1, 201 I
O1 78 39 - I
PROJECT RECORD DOCUMENTS
Page 1 of 4
SECTION Ol 78 39
PROJECT RECORD DOCUMENTS
PART1- GENERAL
1.1 SUMMARY
A. Section Includes:
1. Work associated with the documenting the project and recording changes to project
documents, including:
a. Record Drawings
b. Water Meter Service Reports
c. Sanitary Sewer Service Reports
d. Large Water Meter Reports
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1— General Requirements
1Z PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
1.5 SUBMITTALS
A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to
City's Project Representative.
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE
A. Accuracy of Records
1. Thoroughly coordinate changes within the Record Documents, making adequate
and proper entries on each page of Specifications and each sheet of Drawings and
other pocuments where such entry is required to show the change properly.
2. Accuracy of records shall be such that future search for items shown in the Contract
Documents may rely reasonably on information obtained from the approved Project
Record Documents.
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number]
Revised July l, 2011
017839-2
PROJECT RECORD DOCUMENTS
Page 2 of 4
3. To facilitate accuracy of records, make entries within 24 hours after receipt of
information that the change has occurred.
4. Provide factual information regarding all aspects of the Work, both concealed and
visible, to enable future modification of the Work to proceed without lengthy and
expensive site measurement, investigation and examination.
1.10 STORAGE AND HANDLING
A. Storage and Handling Requirements
1. Maintain the job set of Record Documents completely protected from deterioration
and from loss and damage until completion of the Work and transfer of all recorded
data to the final Project Record Documents.
2. In the event of loss of recorded data, use means necessary to again secure the data
to the City's approval.
a. In such case, provide replacements to the standards originally required by the
Contract Documents.
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS
2.1 OWNER-FURNISHED [oR] OWNER-SUPPLIED PRODUCTS [NOT USED)
2.2 RECORD DOCUMENTS
A. Job set
1. Promptly following receipt of the Notice to Proceed, secure from the City, at no
charge to the Contractor, 1 complete set of all Documents comprising the Contract.
B. Final Record Documents
1. At a time nearing the completion of the Work and prior to Final Inspection, provide
the City 1 complete set of all Final Record Drawings in the Contract.
2.3 ACCESSORIES [NOT USED]
2.4 SOURCE QUALITY CONTROL [NOT USED]
PART 3 - EXECUTION
3.1 INSTALLERS [NOT USED]
3.2 EXAMINATION [NOT USED]
3.3 PREPARATION [NOT USED]
3.4 MAINTENANCE DOCUMENTS
A. Maintenance of Job Set
1. Immediately upon receipt of the job set, identify each of the Documents with the
title, "RECORD DOCUMENTS - JOB SET".
CITY OF FORT WORTH [Insert Project NameJ
STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS [Insert Project Number]
Revised July I, 201 I
01 78 39 - 3
PROJECT RECORD DOCUMENTS
Page 3 of 4
2. Preservation
a. Considering the Contract completion time, the probable number of occasions
upon which the job set must be taken out for new entries and for examination,
and the conditions under which these activities will be performed, devise a
suitable method for protecting the job set.
b. Do not use the job set for any purpose except entry of new data and for review
by the City, until start of transfer of data to final Project Record Documents.
c. Maintain the job set at the site of work.
3. Coordination with Construction Survey
a. At a minimum, in accordance with the intervals set forth in Section O 1 71 23,
clearly mark any deviations from Contract Documents associated with
installation of the infrastructure.
4. Making entries on Drawings
a. Record any deviations from Contract Documents.
b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the
change by graphic line and note as required.
c. Date all entries.
d. Call attention to the entry by a"cloud" drawn around the area or areas affected.
e. In the event of overlapping changes, use different colors for the overlapping
changes.
5. Conversion of schematic layouts
a. In some cases on the Drawings, arrangements of conduits, circuits, piping,
ducts, and similar items, are shown schematically and are not intended to
pornay precise physical layout.
1) Final physical arrangement is determined by the Contractor, subject to the
City's approval.
2) However, design of future modifications of the facility may require
accurate information as to the final physical layout of items which are
shown only schematically on the Drawings.
b. Show on the job set of Record Drawings, by dimension accurate to within 1
inch, the centerline of each run of items.
1) Final physical arrangement is determined by the Contractor, subject to the
City's approval.
2) Show, by symbol or note, the vertical tocation of the Item ("under slab", "in
ceiling plenum", "exposed", and the like).
3) Make all identification sufficiently descriptive that it may be related
reliably to the Specifications.
c. The City may waive the requirements for conversion of schematic layouts
where, in the City's judgment, conversion serves no useful purpose. However,
do not rely upon waivers being issued except as specifically issued in writing
by the City.
B. Final Project Record Documents
1. Transfer of data to Drawings
a. Carefully transfer change data shown on the job set of Record Drawings to the
corresponding final documents, coordinating the changes as required.
b. Clearly indicate at each affected detail and other Drawing a full description of
changes made during construction, and the actual location of items.
CITY OF FORT WORTH [Insert Project Name]
STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS [Insert Project Number]
Revised July I, 2011
O1 7839-4
PROJECT RECORD DOCUMENTS
Page 4 of 4
c. Call attention to each entry by drawing a"cloud" around the area or areas
affected.
d. Make changes neatly, consistently and with the proper media to assure
longevity and clear reproduction.
2. Transfer of data to other pocuments
a. If the Documents, other than Drawings, have been kept clean during progress of
the Work, and if entries thereon have been orderly to the approval of the City,
the job set of those Documents, other than Drawings, will be accepted as final
Record Documents.
b. If any such Document is not so approved by the City, secure a new copy of that
Document from the City at the City's usual charge for reproduction and
handling, and carefully transfer the change data to the new copy to the approval
of the City.
3.5 REPAIIt / RESTORATION [NOT USED]
3.6 RE-INSTALLATION [NOT USED]
3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED]
3.8 SYSTEM STARTUP [NOT USED]
3.9 ADNSTING [NOT USED)
3.10 CLEANING [NOT USED]
3.11 CLOSEOUT ACTIVITIES [NOT USED]
3.12 PROTECTION [NOT USED]
3.13 MAINTENANCE [NOT USED]
3.14 ATTACHMENTS [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FOR'I' WORTH [Insert Project Name]
STANDARD CONSTRUCT[ON SPECIFICAT[ON DOCUMENTS [Insert Project Number]
Revised July l, 201 l
02 41 13 - l
SELEGTNE SITE DEMOLITION
Page 1 of 5
1
2
3 PART1- GENERAL
4 1.1 SUNIlVIARY
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SECTION 02 41 13
SELECTIVE SITE DEMOLITION
A. Section Includes:
1. Removing sidewalks and steps
2. Removing ADA ramps and landings
3. Removing driveways
4. Removing fences
5. Removing guardrail
6. Removing retaining walls (less than 4 feet tall)
7. Removing mailboxes
8. Removing rip rap
9. Removing miscellaneous concrete structures including porches and foundations
10. Disposal of removed materials
1( . Removing signab�/road barric�jdes
B. Deviations this from City of Fort Worth Standard Specification
1. Moclitied to inclucle removal of signage ancl road barricades
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0— Bidding Requirements, Contract Forms, and Conditions of the
Contract
2. Division 1— General Requirements
3. Section 31 23 23 — Borrow
24 1.2 PRICE AND PAYMENT PROCEDURES
25 A. Measurement and Payment
26 1. Measurement
27 a. Remove Sidewalk: Measure by square foot.
28 b. Remove Steps: measure by the square foot as seen in the plan view only.
29 c. Remove ADA Ramp: measure by each.
30 d. Remove Driveway: measure by the square foot by type.
31 e. Remove Fence: measure by the linear foot.
32 f. Remove Guardrail: measure by the linear foot along the face of the rail in place
33 including metal beam guard fence transitions and single guard rail terminal
34 sections from the center of end posts.
35 g. Remove Retaining Wall (less than 4 feet tall): measure by the linear foot
36 h. Remove Mailbox: measure by each.
37 i. Remove Rip Rap: measure by the square foot.
38 j. Remove Miscellaneous Concrete Structure: measure by the lump sum.
39 k. Remove SignageBarricade: measure by each.
40 2. Payment
CITY OF FORT WORTH PALMILLA SPRINGS, PHASE 5
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECTNO. 101450
Revised December 20, 2012
02 41 13 - 2
SELECTNE SITE DEMOLITION
Page 2 of 5
1 a. Remove Sidewalk: full compensation for saw cutting, removal, hauling,
2 disposal, tools, equipment, labor and incidentals needed to execute work.
3 Sidewalk adjacent to or attached to retaining wall (including sidewalk that acts
4 as a wall footing) shall be paid as sidewalk removal. For utility projects, this
5 Item shall be considered subsidiary to the trench and no other compensation
6 will be allowed.
7 b. Remove Steps: full compensation for saw cutting, removal, hauling, disposal,
8 tools, equipment, labor and incidentals needed to execute work. For utility
9 projects, this Item shall be considered subsidiary to the trench and no other
10 compensation will be allowed.
11 c. Remove ADA Ramp and landing: full compensation for saw cutting, removal,
12 hauling, disposal, tools, equipment, labor and incidentals needed to execute
13 work. Work includes ramp landing removal. For utility projects, this Item shall
14 be considered subsidiary to the trench and no other compensation will be
15 allowed.
16 d. Remove Driveway: full compensation for saw cutting, removal, hauling,
17 disposal, tools, equipment, labor and incidentals needed to remove improved
18 driveway by type. For utility projects, this Item shall be considered subsidiary
19 to the trench and no other compensation will be allowed.
20 e. Remove Fence: full compensation for removal, hauling, disposal, tools,
21 equipment, labor and incidentals needed to remove fence. For utility projects,
22 this Item shall be considered subsidiary to the trench and no other
23 compensation will be allowed.
24 f. Remove Guardrail: full compensation for removing materials, loading, hauling,
25 unloading, and storing or disposal; furnishing backfill material; backfilling the
26 postholes; and equipment, labor, tools, and incidentals. For utility projects, this
27 Item shall be considered subsidiary to the trench and no other compensation
28 will be allowed.
29 g. Remove Retaining Wall (less than 4 feet tall): full compensation for saw
30 cutting, removal, hauling, disposal, tools, equipment, labor and incidentals
31 needed to execute work. Sidewalk adjacent to or attached to retaining wall
32 (including sidewalk that acts as a wall footing) shall be paid as sidewalk
33 removal. For utility projects, this Item shall be considered subsidiary to the
34 trench and no other compensation will be allowed.
35 h. Remove Mailbox: full compensation for removal, hauling, disposal, tools,
36 equipment, labor and incidentals needed to execute work. For utility projects,
37 this Item shall be considered subsidiary to the trench and no other
38 compensation will be allowed.
39 i. Remove Rip Rap: full compensation for saw cutting, removal, hauling,
40 disposal, tools, equipment, labor and incidentals needed to execute work. For
41 utility projects, this Item shall be considered subsidiary to the trench and no
42 other compensation will be allowed.
43 j. Remove Miscellaneous Concrete Structure: full compensation for saw cutting,
44 removal, hauling, disposal, tools, equipment, labor and incidentals needed to
45 execute work. For utility projects, this Item shall be considered subsidiary to
46 the trench and no other compensation will be allowed.
47 k. Remove SignageiBairicade: full campensation tur removal, hauling, disposal,
48 tool�, ec�uipni�iit, labor and incidental, neeclecl to rcy►nc�ve si,nage ancUor roacl
49 harcicade. For utility projects, this item shall be considered subsidiary to the
50 trench and no other compensation will be allo�aed.
CITY OF FORT WORTH PALMILLA SPRINGS, PHASE 5
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS C/TYPROJECTNO. 102450
Revised December 20, 2012
02 41 13 - 3
SELEGTNE SITE DEMOLITION
Page 3 of 5
1
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13
1.3
A. Definitions
1. Improved Driveway: Driveway constructed of concrete, asphalt paving or brick unit
pavers.
1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USEDJ
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
14 PART 2 - PRODUCTS
15 2.1 OWNER-FURNISHED PRODUCTS [NOT USED]
16 2Z MATERIALS
17 A. Fill Material: See Section 31 23 23.
18 2.3 ACCESSORIES [NOT USED]
19 2.4 SOURCE QUALITY CONTROL [NOT USED]
20 PART 3 - EXECUTION
21 3.1 INSTALLERS [NOT USED]
22 3.2 EXAMINATION [NOT USED]
23 3.3 PREPARATION (NOT USED]
24 3.4 REMOVAL
25 A. Remove Sidewalk
26 1. Remove sidewalk to nearest existing dummy, expansion or construction joint.
27 2. Sawcut when removing to nearest joint is not practical. See 3.4.K.
28 B. Remove Steps
29 1. Remove step to nearest existing dummy, expansion or construction joint.
30 2. Sawcut when removing to nearest joint is not practical. See 3.4.K.
31 C. Remove ADA Ramp
32 1. Sawcut existing curb and gutter and pavement prior to wheel chair ramp removal.
33 See 3.4.K.
34 2. Remove ramp to nearest existing dummy, expansion or construction joint on
35 existing sidewalk.
CITY OF FORT WORTH PALMILLA SPRINGS, PHASE 5
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS C/TYPROJECTNO. l02450
Revised December 20, 2012
024113-4
SELECTIVE SITE DEMOLITION
Page 4 of 5
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D. Remove Driveway
1. Sawcut existing drive, curb and gutter and pavement prior to drive removal. See
3.4.K.
2. Remove drive to nearest existing dummy, expansion or construction joint.
3. Sawcut when removing to nearest joint is not practical. See 3.4.K.
4. Remove adjacent sidewalk to nearest existing diunmy, expansion or construction
joint on existing sidewalk.
E. Remove Fence
1. Remove all fence components above and below ground and backfill with acceptable
fill material.
2. Use caution in removing and salvaging fence materials.
3. Salvaged materials may be used to reconstruct fence as approved by City or as
shown on Drawings.
4. Contractor responsible for keeping animals (livestock, pets, etc.) within the fenced
areas during construction operation and while removing fences.
F. Remove Guardrail
1. Remove rail elements in original lengths.
2. Remove fittings from the posts and the metal rail and then pull the posts.
3. Do not mar or damage salvageable materials during removal.
4. Completely remove posts and any concrete surrounding the posts.
5. Furnish backfill material and backfill the hole with material equal in composition
and density to the surrounding soil unless otherwise directed.
6. Cut off or bend down eyebolts anchored to the dead man to an elevation at least 1-
foot below the new subgrade elevation and leave in place along with the dead man.
G. Remove Retaining Wall (less than 4 feet tall)
1. Remove wall to nearest existing joint.
2. Sawcut when removing to nearest joint is not practical. See 3.4.K.
3. Removal includes all components of the retaining wall including footings.
4. Sidewalk adjacent to or attached to retaining wall: See 3.4.A
30 H. Remove Mailbox
31 1. Salvage existing materials for reuse. Mailbox materials may need to be used for
32 reconstruction.
33 I. Remove Rip Rap
34 1. Remove rip rap to nearest existing dummy, expansion or construction joint.
35 2. Sawcut when removing to nearest joint is not practical. See 3.4.K.
36 J. Remove Miscellaneous Concrete Structure
37 1. Remove portions of miscellaneous concrete structures including foundations and
38 slabs that do not interfere with proposed construction to 2 feet below the finished
39 ground line.
40 2. Cut reinforcement close to the portion of the concrete to remain in place.
CITY OF FORT WORTH PALMILLA SPRINC5, PHAS� 5
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECTNO. 102450
Revised December 20, 2012
0241 13-5
SELECI'IVE SITE DEMOLITION
Page 5 of 5
1 3. Break or perforate the bottom of structures to remain to prevent the entrapment of
2 water.
3 K. Sawcut
4 1. Sawing Equipment
5 a. Power-driven
6 b. Manufactured for the purpose of sawing pavement
7 c. In good operating condition
8 d. Shall not spall or fracture the pavement to the removal area
9 2. Sawcut perpendicular to the surface completely through existing pavement.
10 L. Remove Si�n�ge/F3arricade
11 1. Salvage existing materials for .rettse. Materials may need to be used for
12 reconsti-uction.
13 3.5 REPAIIt [NOT USED]
14 3.6 RE-INSTALLATION [NOT USED]
15 3.7 SITE QUALITY CONTROL (NOT USED]
16 3.8 SYSTEM STARTXIP [NOT USED]
17 3.9 ADNSTING [NOT USED]
18 3.10 CLEANING [NOT USED]
19 3.11 CLOSEOUT ACTIVITIES [NOT USED]
20 3.12 PROTECTION [NOT USED�
21 3.13 MAINTENANCE [NOT USED]
22 3.14 ATTACHMENTS [NOT USED]
23
24
END OF SECTION
Revision Log
DATE NAME SUIvIMARY OF CHANGE
12/20/2012 D. Johnson 1.2.A.2. Modified Payment - Items will be subsidiary to trench on utility projects
1: i 2(114 J. Brn�tiu�t ti4oditicd tu include removal uf signage and rua� b<vricaJes
25
CITY OF FOR'I' WORTH PALMILLA SPRiNGS, PHASE 5
STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS CITYPROJECTNO. 102450
Revised December 20, 2012
33 39 60 - 1
EPDXY LINERS FOR SANITARY SEWER STRUCTURES
Page 1 of 6
1
2
SECTION 33 39 60
EPDXY LINERS FOR SA1vITARY SEWER STRUCTURES
3 PART1- GENERAL
4 1.1 SUIVIMARY
5 A. Section Includes:
6
7
8
9
10
11
1. Application of a high-build epoxy coating system to concrete utility structures such
as manholes, lift station wet wells, junction boxes or other concrete facilities that
may need protection from corrosive materials
B. Deviations from this City of Fort Worth Standazd Specification
1. Replaced coating properties in Section 2.2 (B) with manufacturer aiui product
number specified by City of Fort Worth Water Depart�nent
12 C. Related Specification Sections include but are not necessarily limited to:
13 1. Division 0— Bidding Requirements, Contract Forms, and Conditions of the
14 Contract
15 2. Division 1— General Requirements
16 3. Section 33 O1 30 — Sewer and Manhole Testing
17 1.2 PRICE AND PAYMENT PROCEDURES
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
A. Measurement and Payment
1. Manholes
a. Measurement
1) Measurement for this Item shall be per vertical foot of coating as measured
from the bottom of the frame to the top of the bench.
b. Payment
1) The work performed and materials fumished in accordance with this Item
and measured as provided under "Measurement" will be paid for at the unit
price bid per vertical foot of "Epoxy Manhole Liner" applied.
c. T'he price bid shall include:
1) Furnishing and installing Liner as specified by the Drawings
2) Hauling
3) Disposal of excess material
4) Clean-up
5) Cleaning
6) Testing
2. Non-Manhole Structures
a. Measurement
1) Measurement for this Item shall be per square foot of area where the
coating is applied.
b. Payment
1) The work performed and materials furnished in accordance with this Item
and measured as provided under "Measurement" shall be paid for at the
unit price bid per square foot of "Epoxy Structure Liner" applied.
c. The price bid shall include:
C[TY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
P�1 Lh/ILL�i SPRl1VGS PH�1 SE ?
Ciry Project No. 102450
333960-2
EPDXY LINERS FOR SANITARY SEWER STRUCTURES
Page 2 of 6
1
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1�
2)
3)
4)
5)
6)
Furnishing and installing Liner as specified by the Drawings
Hauling
Disposal of excess material
Clean-up
Cleaning
Testing
7 1.3 REFERENCES
8 A. Reference Standards
9
10
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12
13
14
15
16
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21
22
23
24
25
26
27
28
29
30
1. Reference standards cited in this Specification refer to the current reference
standard published at the time of the latest revision date logged at the end of this
Specification, unless a date is specifically cited.
2. ASTM International (ASTM):
a. D543, Standazd Practices for Evaluating the Resistance of Plastics to Chemical
Reagents.
b. D638, Standard Test Method for Tensile Properties of Plastics.
c. D695, Standard Test Method for Compressive Properties of Rigid Plastics.
d. D790, Standard Test Methods for Flexural Properties of Unreinforced and
Reinforced Plastics and Electrical Insulating Materials.
e. D4060, Standard Test Method for Abrasion Resistance of Organic Coatings by
the Taber Abraser.
£ D4414, Standard Practice for Measurement of Wet Film Thickness by Notch
Gages.
g. D4541, Standazd Test Method for Pull-off Strength of Coatings Using Portable
Adhesion Testers.
3. Environmental Protection Agency (EPA).
4. NACE International (NACE).
5. Occupational Safety and Health Administration (OSHA).
6. Resource Conservation and Recovery Act, (RCRA).
7. The Society for Protective Coatings/NACE International (SSPC/NACE):
a. sp 13/NACE No. 6, Surface Preparation of Concrete.
31 1.4 ADMINISTRATIVE REQUIItEMENTS [NOT USED]
32 1.5 SUBMITTALS
33 A. Submittals shall be in accordance with Section O1 33 00.
34 B. All submittals shall be approved by the City prior to delivery.
35 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS
36
37
38
39
40
41
42
43
A. Product Data
1. Technical data sheet on each product used
2. Material Safety Data Sheet (MSDS) for each product used
3. Copies of independent testing performed on the coating product indicating the
product meets the requirements as specified herein
4. Technical data sheet and project specific data for repair materials to be topcoated
with the coating product including application, cure time and surface preparation
procedures
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
PdLhJlLL.A SPRIN(;S PH�1SE?
City Pmject No. 102450
333960-3
EPDXY LINERS FOR SANITARY SEWER STRUCTURES
Page 3 of 6
1
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8 1.7
B. Contractor Data
1. Current documentation from coating product manufacturer certifying Contractor's
training and equipment complies with the Quality Assurance requirements specified
herein
2. 5 recent references of Contractor indicating successful application of coating
product(s) of the same material type as specified herein, applied by spray
application within the municipal wastewater environment
CLOSEOUT SUBMITTALS [NOT USED]
9 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
10 1.9 QUALITY ASSURANCE
11
12
13
14
IS
16
17
18
19
20
21
A. Keep materials dry, protected from weather and stored under cover.
B. Store coating materials between 50 degrees F and 90 degrees F.
22 C. Do not store near flame, heat or strong oxidants.
23 D. Handle coating materials according to their material safety data sheets.
24 1.11 FIELD [SITE] CONDITIONS
25 A. Provide confined space entry, flow diversion and/or bypass plans as necessary to
26 perform the specified work.
27 1.12 WARRANTY
28 A. Contractor Warranty
29 1. Contractor's Warranty shall be in accordance with Division 0.
30 PART 2 - PRODUCTS
31 2.1 OWNER-FURNISHED (oR] OWNER-SUPPLIED PRODUCTS [NOT USED]
32
33
34
35
36
37
A. Qualifications
1. Contractor
a. Be trained by, or have training approved and certified by, the coating product
manufacturer for the handling, mixing, application and inspection of the coating
product(s) to be used as specified herein
b. Initiate and enforce quality control procedures consistent with the coating
product(s) manufacturer recommendations and applicable NACE or SSPC
standards as referenced herein
1.10 DELIVERY, STORAGE, AND HANDLING
2.2 EQUIPMENT, PRODUCT TYPES, MATERIALS
A. Repair and Resurfacing Products
1. Compatible with the specified coating product(s) in order to bond effectively, thus
forming a composite system
2. Used and applied in accordance with the manufacturer's recommendations
3. The repair and resurfacing products must meet the following:
CITY OF FORT WORTH P�ILM/LU SPItlNGSPH�ISF. S
STANDARD CONSTRUCTION SPEC[FICATION DOCUMENTS City Project No. 102450
Revised December20, 2012
333960-4
EPDXY LINERS FOR SANITARY SEWER STRUCTURES
Page 4 of 6
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a. 100 percent solids, solvent-free epoxy grout specifically formulated for epoxy
topcoating compatibility
b. Factory blended, rapid setting, high early strength, fiber reinforced, non-shrink
repair mortar that can be toweled or pneumatically spray applied and
specifically formulated to be suitable for topcoating with the specified coating
product used
B. Coating Product
Coating shall be �Varren Environmental 5-301-14 Spray Epoxy �r approved equal.
9 C. Coating Application Equipment
10 1. Manufacturer approved heated plural component spray equipment
11 2. Hard to reach areas, primer application and touch-up may be performed using hand
12 tools.
13 2.3 ACCESSORIES [NOT USED]
14 2.4 SOURCE QUALITY CONTROL
15
16
17
18
19
20
21
22
23
1. Testing
a. Take wet film thickness gauge per ASTM D4414 at 3locations within the
manhole, 2 spaced equally apart along the wall and 1 on the bench.
1) Document and attest measurements and provide to the City.
b. After coating has set, repair all visible pinholes by lightly abrading the surface
and brushing the lining material over the azea.
c. Repair all blisters and evidence of uneven cover according to the
mauufacturer's recommendations.
d. Test manhole for final acceptance according to Section 33 O1 30.
24 PART 3 - EXECUTION
25 3.1 �NSTALLERS
26 A. All installers shall be certified applicators approved by the manufacturers.
27 3.2 EXAMINATION [NOT USED]
28 3.3 PREPARATION
29 A. Manhole Preparation
30 1. Stop active flows via damming, plugging or diverting as required to ensure all
31 liquids are maintained below or away from the surfaces to be coated.
32 2. Maintain temperature of the surface to be coated between 40 and 120 degrees F.
33 3. Shield specified surfaces to avoid exposure of direct sunlight or other intense heat
34 source.
35 a. Where varying surface temperatures do exist, coating installation should be
36 scheduled when the temperature is falling versus rising.
37
38
39
40
B. Surface Preparation
Remove oils, grease, incompatible existing coatings, waxes, form release, curing
compounds, efflorescence, sealers, salts or other contaminants which may affect the
performance and adhesion of the coating to the substrate.
CITY OF FORT WORTH P�1LM/LLA SPRINGSPHdSF. S
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 102450
Revised December 20, 2012
333960-5
EPDXY LINERS FOR SANITARY SEWER STRUCTURES
Page 5 of 6
1
2
3
4
5
6
7
8
2. Remove concrete and/or mortar damaged by corrosion, chemical attack or other
means of degradation so that only sound substrate remains.
3. Surface preparation method, or combination of inethods, that may be used include
high pressure water cleaning, high pressure water jetting, abrasive blasting,
shotblasting, grinding, scarifying, detergent water cleaning, hot water blasting and
others as described in SSPC SP 13/NACE No. 6.
4. All methods used shall be performed in a manner that provides a uniform, sound,
clean, neutralized, surface suitable for the specified coating product.
9 3.4 INSTALLATION
10 A. General
11 1. Perform coating after the sewer line replacemendrepairs, grade adjustments and
12 grouting are complete.
13 2. Perform application procedures per recommendations of the coating product
14 manufacturer, including environmental controls, product handling, mixing and
15 application.
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
B. Temperature
1. Only perform application if surface temperature is between 40 and 120 degrees F.
2. Make no application if freezing is expected to occur inside the manhole within 24
hours after application.
C. Coating
1. Spray apply per manufacturer's recommendation at a minimum film thickness of
125 mils.
2. Apply coating from bottom of manhole frame to the bench/trough, including the
bench/trough.
3. After walls are coated, remove bench covers and spray bench/trough to at least the
same thickness as the walls.
4. Appty any topcoat or additional coats within the product's recoat window.
a. Additional surface preparation is required if the recoat window is exceeded.
5. Allow a minimum of 3 hours of cure time or be set hard to touch before reactivating
flow.
31 3.5 REPAIIt / RESTORATION [NOT USED]
32 3.6 RE-INSTALLATION [NOT USED]
33 3.7 FIELD [oe] SITE QUALITY CONTROL
34 A. Each structure will be visually inspected by the City the same day following the
35 application.
36 B. The inspector will check for deficiencies, pinholes and thin spots.
37 C. If leaks are detected they will be chipped back, plugged and coated immediately with
38 protective epoxy resin coating.
39 1. Make repair 24 hours after leak detection.
CITY OP FORT WOItTH P.ILM/I,U SPItlN(;SPH�ISES
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 102450
Revised December 20, 2012
333960-6
EPDXY LINERS FOR SANITARY SEWER STRUCTURES
Page 6 of 6
1 3.8 SYSTEM STARTUP [NOT USED]
2 3.9 ADJUSTING [NOT USED]
3 3.10 CLEANING [NOT USED]
4 3.11 CLOSEOUT ACTIVITIES
5 A. Upon fmal completion of the work, the manufacturer will provide a written certi�cation
6 of proper application to the City.
7 B. The certification will confirm that the deficient areas were repaired in accordance with
8 the procedure set forth in this Specification.
9 3.12 PROTECTION (NOT USED]
10 3.13 MAINTENANCE [NOT USED]
11 3.14 ATTACHMENTS [NOT USED]
12
13
END OF SECTION
Revision Log
DATE NAME SUI�IMARY OF CHANGE
Re.�laced coating pruperties in Sectiun 2.? (I3) with
8>>t,it7 C. �d�s�ards manufacturcr and product number sp�cilied. by City of rort
Worth Water D artment
14
CITY O� FOR'I' WORTH f'�IL:L/ILL;1 SPRlNGSPHASB?
STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS City Project No. 102450
Revised December 20, 2012
APP�NDIX A
PRODUCT REQUIREMENTS
CITY
OF
FORT WORTH WATER DEPARTMENTS UPDATED: 03-19-2018
STANDARD PRODUCTS LIST
Prepared 3/19/2018 Pape 1
CITY
OF
FORT WORTH WATER DEPARTMENTS UPDATED: 03-19-2018
STANDARD PRODUCTS LIST
Prepared 3/19/2018 Page 2
CITY
OF
FORT WORTH WATER DEPARTMENTS UPDATED: 03-19-2018
STANDARD PRODUCTS LIST
Prepared 3/19/2018 Pape 3
CITY
OF
FORT WORTH WATER DEPARTMENTS UPDATED:03-19-2018
STANDARD PRODUCTS LIST
Prepered 3/19/2018 Paga 1
CITY
OF
FORT WORTH WATER DEPARTMENTS UPDATED: 03-19-2018
STANDARD PRODUCTS LIST
Prepared 3/19/2018 Page 2
CITY
OF
FORT WORTH WATER DEPARTMENTS UPDATED: 03-19-2078
STANDARD PRODUCTS LIST
Prepered 3/19/2018 Pape 3